Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Federal Communications Commission (159)
- FCC (155)
- Regulation (64)
- Masthead (55)
- Federal Communications Law Journal (53)
-
- Telecommunications Act of 1996 (53)
- Editor's Note (49)
- First Amendment (49)
- Internet (47)
- Competition (45)
- Indiana University School of Law (40)
- Book Review (35)
- Communications Act of 1934 (32)
- Vast Wasteland (25)
- Newton N. Minow (22)
- Technology (22)
- 1996 Act (21)
- Deregulation (20)
- Television (20)
- Universal Service (18)
- Public Interest (17)
- Jurisdiction (16)
- United States (15)
- Media (12)
- Communications Policy (11)
- Telecommunications Policy (11)
- Telecommunications Regulation (11)
- AT&T (10)
- Indiana University Mauer School of Law (10)
- Merger (10)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 693
Full-Text Articles in Law
The Policy Origins Of Wi-Fi, John Blevins
The Policy Origins Of Wi-Fi, John Blevins
Indiana Law Journal
Wi-Fi technology has become a necessary foundation of modern economic and cultural life. This Article explains its history. Specifically, it argues that Wi-Fi owes its existence and widespread adoption to federal policy choices that have been underexplored in the literature. Wi-Fi’s development is often portrayed as an unexpected and lucky accident following the FCC’s initial decision in the 1980s to allow more unlicensed and experimental uses. This view, however, obscures the more fundamental role that federal policy played. For one, the rise of modern Wi-Fi was the product of a series of policy decisions spanning decades. In addition, the FCC’s …
The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim
Indiana Law Journal
On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept—all have taken the …
The Fcc And The “Pre-Internet”, John Blevins
The Fcc And The “Pre-Internet”, John Blevins
Indiana Law Journal
Network neutrality has dominated broadband policy debates for the past decade. While important, network neutrality overshadows other policy levers that are equally important to the goals of better, cheaper, and more open broadband service. This lack of perspective has historical precedent—and understanding this history can help refocus today’s policy debate. In the 1960s and 1970s, telephone companies threatened the growth of the nascent data industry. The FCC responded with a series of rulemakings known as the “Computer Inquiries” proceedings. In the literature, Computer Inquiries enjoys hallowed status as a key foundation of the Internet’s rise.
This Article, however, argues that …
The Right To Attention, Jasper L. Tran
The Right To Attention, Jasper L. Tran
Indiana Law Journal
What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.
This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …
Indiana’S Texting-While-Driving Ban: Why Is It Not Working And How Could It Be Better?, Emma Gormley
Indiana’S Texting-While-Driving Ban: Why Is It Not Working And How Could It Be Better?, Emma Gormley
Indiana Law Journal
This Note will identify and examine obstacles standing in the way of more effective enforcement of Indiana’s texting while driving ban and make recommendations on how to achieve greater success. Part I will take a closer look at what makes texting while driving so dangerous, situating it within the larger context of distracted driving. Part II will then focus on Indiana’s legislative response in particular, breaking down the texting-while-driving laws and discussing impediments to widespread and consistent enforcement. Part III explores alternative strategies for combating those impediments to enforcement, drawing from the approaches of other areas of law and extralegal …
Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun
Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun
Indiana Law Journal
In trying to promote the development of an open Internet, the U.S. Federal Communications Commission (FCC) has primarily tried to encourage network providers to be transparent about their traffic management practices and quality of service prioritization policies. Dominant network operators have successfully challenged this minimalist approach to addressing end-user concerns about the rise of a two-tiered Internet, motivating the FCC to engage in yet another public consultation process to assess its future approach to the problem. This article maps the debate using Natural Language Processing (NLP) tools that allow us to build a systematic picture of the positions of the …
A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir
A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir
Indiana Law Journal
Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.
Our survey is the first comprehensive examination of the intersection of …
Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter
Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter
Indiana Law Journal
This Note will give an in-depth review of the legality and policy implications of Verizon’s lengthy certification process. Part I will give a short background of the time leading up to Verizon’s purchase of the C-Block. It will then review the actual rules of the agreement between Verizon and the FCC at the time of the purchase, as well as the pertinent history following the purchase. Part II will analyze whether Verizon’s lengthy certification process violates the C-Block rules or the general spirit of Verizon’s agreement to abide by the rules. Part III will then argue that, even if Verizon’s …
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Indiana Law Journal
No abstract provided.
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Introductory Note To The Final Acts Of The World Conference On International Telecommunications, David P. Fidler
Introductory Note To The Final Acts Of The World Conference On International Telecommunications, David P. Fidler
Articles by Maurer Faculty
On December 14, 2012, member states of the International Telecommunication Union (ITU) approved the Final Acts of the World Conference on International Telecommunications. The ITU is the specialized agency of the United Nations fostering cooperation on information and communication technologies, and, through world conferences, it periodically revises the International Telecommunication Regulations (ITRs), a treaty the ITU adopted in 1988.2 However, in December 2012, the Final Acts, the manner in which they were approved, and the World Conference proved controversial, and these controversies will adversely affect the impact of the Final Acts and the revised ITRs on international telecommunications law.
The Sky Is Not Falling: The Effect Of A Performance Right On The Radio Market, Gregory F. Donahue
The Sky Is Not Falling: The Effect Of A Performance Right On The Radio Market, Gregory F. Donahue
Indiana Law Journal
No abstract provided.
A Subsidy By Any Other Name: First Amendment Implications Of The Satellite Home Viewer Improvement Act Of 1999, Andrew D. Cotlar
A Subsidy By Any Other Name: First Amendment Implications Of The Satellite Home Viewer Improvement Act Of 1999, Andrew D. Cotlar
Federal Communications Law Journal
The Satellite Home Viewer Improvement Act of 1999 (“SHVIA”) changed the face of the market for television video services by authorizing direct broadcast satellite carriers to carry local television stations within their own local markets. This Article discusses the carriage provisions of SHVIA, currently the subject of a First Amendment challenge in the U.S. District Court for the Eastern District of Virginia and also the basis upon which the Federal Communications Commission recently issued new rules. SHVIA poses some very interesting, potentially far-reaching First Amendment issues. This Article examines the mechanics of the law, as well as its constitutional implications.
Wikileaks And The First Amendment, Geoffrey R. Stone
Wikileaks And The First Amendment, Geoffrey R. Stone
Federal Communications Law Journal
FCBA Distinguished Speaker Series
In November 2010, Julian Assange's WikiLeaks collaborated with major media organizations to release thousands of classified U.S. State Department documents. American soldier Bradley Manning stands accused of leaking those documents to the website. In response, Congress introduced the SHIELD Act to amend the Espionage Act of 1917, making it a crime for any person to disseminate any classified information concerning American intelligence or the identity of a classified informant. Such sweeping language, while possibly constitutional as applied to government employees like Manning, is plainly unconstitutional as applied to those like Assange and WikiLeaks who subsequently publish …
Editor's Note, Sarah L. Kellogg
Editor's Note, Sarah L. Kellogg
Federal Communications Law Journal
No abstract provided.
Law And The Open Internet, Adam Candeub, Daniel Mccartney
Law And The Open Internet, Adam Candeub, Daniel Mccartney
Federal Communications Law Journal
The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers. The FCC's proceedings, and the network neutrality debate, concentrate on two economic questions: (1) whether to broadband service providers can or will steer traffic to affiliated content limiting consumer access, and (2) how to preserve the Internet's capacity for creativity and innovation. Yet despite the prominence of economics in the debate, economic theory cannot …
Reforming Retransmission Consent, Meg Burton
Reforming Retransmission Consent, Meg Burton
Federal Communications Law Journal
Under the retransmission consent regulations of the 1992 Cable Act, broadcasters and cable providers must negotiate with one another for permission to retransmit a broadcast signal over a cable system. While the majority of such negotiations are resolved amicably, there has been a growing trend of negotiations resulting in signal blackouts that harm consumers. In March 2010, cable providers filed a Petition for Rulemaking with the FCC arguing that the current regulations are outdated and asking that the FCC alter the regulations to curb harmful negotiation tactics employed by broadcasters. Broadcasters replied that the retransmission consent scheme is working as …
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Federal Communications Law Journal
The balancing act between protecting First Amendment rights and the necessity of law enforcement to maintain the public order is not simple under normal circumstances. On August 11, 2011, San Francisco's Bay Area Rapid Transit ("BART") created a paradigm embodying the very essence of this problem by shutting down cell phone and Internet service to prevent citizens from organizing and planning a protest. Both the constitutional and telecommunications law implications of BART's cell phone and Internet shutdown beg for analysis and reform, especially in an age of rapidly advancing technology. This Note analyzes the legal implications of BART's shutdown, and …
Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham
Federal Communications Law Journal
More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks against nations are a reality, the laws governing cyber exploitation have not kept pace with this threat. Because the United States and other nations may use cyber capabilities offensively as well as defensively, it is important that the laws for engaging in such cyber conflict be well defined. Currently, it seems unlikely that cyber exploitation can ever be regarded as a threat or use of force under the UN Charter because it is …
Behavioral Advertising: The Cryptic Hunter And Gatherer Of The Internet, Joanna Penn
Behavioral Advertising: The Cryptic Hunter And Gatherer Of The Internet, Joanna Penn
Federal Communications Law Journal
In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and disseminated-all without the user's knowledge or permission. This new found online practice, known as "behavioral advertising," is a veritable goldmine for those companies that know the game. But will the FTC or Congress soon make new rules concerning how to play? This Note begins by explaining the differences between behavioral targeting and retargeting and the techniques that the two methods use to collect data. This Note then explores …
An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub
An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub
Federal Communications Law Journal
Amidst much controversy, the FCC released its landmark "network neutrality" order in December 2010. This regulation prohibits Internet service providers, such as Verizon or Comcast, from discriminating in favor of traffic or content that they own or with which they are affiliated. Professor Barbara van Schewick's recently published book, Internet Architecture and Innovation, could not be timelier. Employing a variety of economic and technical arguments, van Schewick defends the type of regulation the FCC passed as necessary to preserve the Internet's potential for innovation. My central critique of Internet Architecture is its deployment of economic theories on one side of …
The Fcc’S Sponsorship Identification Rules: Ineffective Regulation Of Embedded Advertising In Today’S Media Marketplace, Jennifer Fujawa
The Fcc’S Sponsorship Identification Rules: Ineffective Regulation Of Embedded Advertising In Today’S Media Marketplace, Jennifer Fujawa
Federal Communications Law Journal
In the contemporary media landscape, the advertising industry is increasingly relying on embedded advertising to reach consumers. The scope of embedded advertising in today's marketplace raises significant concerns and complicated First Amendment questions regarding the type of regulation needed to suit the interests of all parties concerned. In 2008, the FCC released a joint Notice of Intent/Notice of Proposed Rulemaking entitled Sponsorship Identification Rules & Embedded Advertising, which requested comments on the FCC's proposed changes to its sponsorship identification rules in light of this growing prevalence of embedded advertising. Yet, four years later, the FCC's sponsorship identification rules are exactly …
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Editor's Note, Sarah L. Kellogg
Editor's Note, Sarah L. Kellogg
Federal Communications Law Journal
No abstract provided.
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
Is It Time To Recreate The E-Rate Program?, Lynne Holt, Mary Galligan
Is It Time To Recreate The E-Rate Program?, Lynne Holt, Mary Galligan
Federal Communications Law Journal
The Schools and Libraries program, commonly known as the "E-rate" program, was created by the FCC in 1997, as authorized by the federal Telecommunications Act of 1996. The E-rate program provides eligible schools and libraries with discounts of 20 to 90 percent from the rates charged by providers of telecommunications services, Internet access, and internal network connections. These discounts are paid from the federal Universal Service Fund under the regulatory oversight of the FCC. The FCC has modified certain aspects of the program since its inception but has not modified its highest programmatic funding priorities-support for telecommunications and Internet access. …
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Federal Communications Law Journal
The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its competitive assessment. The reports are silent on how to interpret this evidence. In contrast, modem antitrust analysis relies far more on direct evidence. In failing to put more weight on the relevant direct market evidence to reach an informed competitive assessment, the 14th and 15th reports invite erroneous conclusions about the state of competition in wireless markets. The authors are concerned that these erroneous conclusions eventually could adversely influence regulatory …
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Federal Communications Law Journal
The notion that broadcasters must broadcast in the public interest has always been a requirement; exactly how this requirement is met has taken many forms. This Note examines the history of the public interest requirement in broadcasting-from vagueness to regulation to good faith and presumptions of compliance-and considers the appropriate direction for the public interest requirement's future. The deregulation of the 1980s served a valuable purpose at the time by lifting burdens and sparking innovation. It is time to examine those innovative methods of ascertaining the needs of our communities and providing desired programming, in order to determine ways in …