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Articles 1 - 7 of 7
Full-Text Articles in Law
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 …
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Federal Communications Law Journal
In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …
Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman
Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman
Federal Communications Law Journal
This Article calls for mandated "network neutrality," which would require broadband service providers to treat all nondestructive data equitably. The Author argues that neutral networks are preferable because they better foster online innovation and provide a more equitable distribution of the power to communicate. Without mandated network neutrality, providers in highly concentrated regional broadband markets will likely begin charging content providers for the right to send data to end users at the fastest speeds available. The Author demonstrates that regional broadband competition and forthcoming transmission technologies are unlikely to prevent broadband discrimination, ad hoc regulation under current statutory authority is …
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
Federal Communications Law Journal
The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …
A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey
A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey
Federal Communications Law Journal
The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of …
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
Smart Agenting, Barry Diller