Law Commons^™

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …

Deregulation Of Telephone Services In Ohio, Frank P. Darr

Akron Law Review

Part I reviews the market changes that exist and which, in part, drive the regulatory changes and have emerged because of them. Parts II and III establish the basic regulatory schemes that existed prior and subsequent to divestiture and deregulation at the federal level. Part IV sets out the Ohio regulatory structure which previously controlled the actions of the Ohio commission. Parts V and VI then address the response of the Ohio commission and supreme court to the changes at the federal level and note some potential institutional barriers to deregulation. Part VII introduces the legislative response to deregulation, House …

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 …

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of …

Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Selected Docket And Legislative Summaries

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, Aalok Mehta, J. Armand Musey, Cfa, Jd/Mba

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Universal Service In An All-Ip World, Jodie Griffin

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

For more than 100 years, the United States has used a variety of policy tools to encourage and ensure ubiquitous, affordable basic communications service. Universal and accessible communications services have been the foundation upon which our economy, personal communications, and civic participation depend. The laws and rules used to achieve universal service, however, have evolved with new technologies and markets and now, as the network is in the midst of several new technology transitions, the question of how to achieve and measure universal service arises again.

This article examines the basic question of what the “basic service” is in today’s …

The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.

Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson

Georgia Journal of International & Comparative Law

No abstract provided.

In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman

University of Michigan Journal of Law Reform

Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed privately financed candidates and independent groups to spend unlimited amounts of money on campaigning. Publicly financed candidates now risk being vastly outspent. Second, Arizona Free Enterprise Club’s Freedom PAC v. Bennett invalidated a proportional fund matching system whereby privately financed candidates’ or independent groups’ spending triggered funds to publicly funded candidates. These decisions effectuate a libertarian speech doctrine: all speakers, individual or corporate, must be absolutely unburdened. To comply with this approach, …

"Unmasking The Patent Troll: Bringing To Light The Role Of Patent Assertion Entities In Our Patent System", Daniel Shen

Brigham Young University Prelaw Review

No abstract provided.

"Modern-Day Pirates: Examining The Legal Difficulties Of Copyright Enforcement", James L. Martherus

Brigham Young University Prelaw Review

No abstract provided.

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

West Virginia Law Review

No abstract provided.

International Satellite Piracy: The Unauthorized Interception And Retransmission Of United States Program-Carrying Satellite Signals In The Caribbean, And Legal Protection For United States Program Owners, Judith S. Weinstein

Georgia Journal of International & Comparative Law

No abstract provided.

Can I Call You Back? A Sustained Interaction With Biospecimen Donors To Facilitate Advances In Research, Jonathan S. Miller

Richmond Journal of Law & Technology

"For the cure." This statement resonates throughout society and offers a simple reasoning for the conduct of biomedical research. It provides a strong impetus for advocates of biomedical research to pursue appropriations to support research hypotheses, advanced medical technologies, and targeted therapeutic strategies. Answering sophisticated medical questions, however, requires researchers and clinicians to have an adequate supply of materials necessary to facilitate their research endeavors. These materials-commonly referred to as biospecimens- may include frozen human embryos, tissue specimens, blood samples, buccal swabs, or exhaled breath condensate, all of which may be collected and stored in biobanks.