Law Commons^™

Smart Cars, Telematics And Repair, Leah Chan Grinvald, Ofer Tur-Sinai

University of Michigan Journal of Law Reform

Recent years have seen a surge in the use of automotive telematics. Telematics is the integration of telecommunications and informatics technologies. Using telematics in cars enables transmission of data communications between the car and other systems or devices. This opens up a wide range of possibilities, including the prospect of conducting remote diagnostics based on real-time access to the vehicle. Yet, as with any new technology, alongside its potential benefits, the use of automotive telematics could also have potential downsides. This Article explores the significant negative impact that the growing reliance on telematics systems could have on competition in the …

Telecommunications Infrastructure: Another O-Ring In The Economic Development Of The Third World, James Germano

Catholic University Journal of Law and Technology

No abstract provided.

No More Shortcuts: Protect Cell Site Location Data With A Warrant Requirement, Lauren E. Babst

Michigan Telecommunications & Technology Law Review

In modern society, the cell phone has become a virtual extension of most Americans, managing all kinds of personal and business matters. Modern cell tower technology allows cell service providers to accumulate a wealth of individuals’ location information while they use their cell phones, and such data is available for law enforcement to obtain without a warrant. This is problematic under the Fourth Amendment, which protects reasonable expectations of privacy. Under the Katz two-prong test, (1) individuals have an actual, subjective expectation of privacy in their cell site location data, and (2) society is prepared to acknowledge that expectation as …

The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego

Brooklyn Journal of International Law

Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

International Trade In Services From The Japanese Viewpoint, Masato Dogauchi

Georgia Journal of International & Comparative Law

No abstract provided.

Trade In Telecommunications Services, Jonathan D. Aronson

Georgia Journal of International & Comparative Law

No abstract provided.

Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

Hanging Up Too Early: Remedies To Reduce Robocalls, Maria G. Hibbard

Journal of Law, Technology, & the Internet

No abstract provided.

Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek

Michigan Telecommunications & Technology Law Review

I present here a unique empirical analysis of the consumer welfare benefits of prior regulation in the mobile telecommunications industry. In particular, I analyze the relative consumer benefits of state rate regulation and federal entry regulation. The institution of filing requirements and FTC review and approval of various consumer pricing regimes is highly analogous to the consumer price controls imposed by various state level public utility commissions in the past. Furthermore, the imposition of a zero-price rule is analogous to past rate regulation; in particular it is similar to past wholesale regulation with its underlying principles of open access and …

When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King

Michigan Telecommunications & Technology Law Review

New mobile phones have been designed to include delivery of mobile advertising and other useful location-based services, but have they also been designed to protect consumers' privacy? One of the key enabling technologies for these new types of phones and new mobile services is Radio Frequency Identification (RFID), a wireless communication technology that enables the unique identification of tagged objects. In the case of RFID-enabled mobile phones, the personal nature of the devices makes it very likely that, by locating a phone, businesses will also be able to locate its owner. Consumers are currently testing new RFID-enabled phones around the …

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it not …

The Crtc's Enforcement Of Canada's Broadcast Legislation: 'Concern', 'Serious Concern' And 'Grave Concern', Monica Auer

Canadian Journal of Law and Technology

This paper describes results from a quantitative study of the enforcement by the Canadian Radio-television and Telecommunications Commission (CRTC or Commission) over the last several decades of Canada’s broadcasting legislation and its own regulations. Established by Parliament in 1968, the CRTC is a quasi-judicial regulatory agency that administers Canada’s Broad- casting Act, 1991 as well as the nation’s telecommunications legislation. Parliament has accorded the CRTC a broad range of discretionary powers over broadcast licensees, from granting, denying or revoking licences, to issuing mandatory orders. It is one of many federal regulatory agencies that administer and enforce Parliament’s legislation.

Foreign Investment Restrictions As Industrial Policy: The Case Of Canadian Telecommunications, Robert Crandall, Hal Singer

Canadian Journal of Law and Technology

We assess the economic harms that would accrue if Canada were to adopt asymmetric rules of foreign ownership for incumbent carriers and entrants. We explain the current Canadian regulatory climate surrounding foreign investment in Canadian telecommunications. Competition in the telecommunications industry is generally robust, which suggests that rules aimed at favouring entrants are not necessary. Moreover, Canadian entrants are equally capable of attracting foreign capital as Canadian incumbents, which suggests that foreign investment rules aimed at favouring entrants are especially unwise.

Next, we review the U.S. attempt to stimulate competition in local telecommunications markets through an analogous form of asymmetrical …

Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece

Michigan Telecommunications & Technology Law Review

The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …

A Failure Of Communication: An Argument For The Closing Of The Nyse Floor, Gerald T. Nowak

University of Michigan Journal of Law Reform

Part I of this Note describes and analyzes the stock exchange communication process as it has existed in the past and as it currently exists, paying particular attention to the role of the floor broker and the stock specialist.'" Part II examines certain alternatives, evaluating such systems as to their potential as a replacement for the physical exchanges. Part III suggests an SEC rule granting specific exemption from exchange reporting requirements to low-volume automated systems in the hope of spurring innovation in the business of trading securities.

Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas

Michigan Law Review

This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …

Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong

University of Michigan Journal of Law Reform

This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.

Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut

Michigan Journal of International Law

The establishment of the ESC gave Europe the necessary impetus to start applications programs. In 1968, the third ESC ministerial meeting at Bad Godesberg, Federal Republic of Germany, unequivocally assigned space applications to ESRO, created the Committee of Senior Officials as an advisory board, and allocated a small budget for studies on application satellites. The Committee of Senior Officials set up a working group specifically to study possible European involvement in communication satellite programs. This working group consisted not only of representatives of the ESC and the space organizations ELDO and ESRO but also of the potential users of the …

Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski

Michigan Journal of International Law

There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.

Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin

Michigan Journal of International Law

This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe.

Some Conflicting Trends In Satellite Telecommunications, David M. Leive

Michigan Journal of International Law

Two broad trends are evident today in international satellite telecommunications. The first is a trend towards greater international regulation of the natural resources involved, the radio frequency spectrum and the geostationary satellite orbit. The second is a trend towards international and regional groupings in the provision of communications services among countries. Other articles in this volume discuss various aspects of one or the other of these trends, such as the 1985/1988 Space WARC, and regional satellite developments in Europe. Consequently, no attempt is made here to analyze the two trends fully. The principal point of this paper is to analyze …

Eutelsat: Europe's Satellite Telecommunications, Simone Courteix

Michigan Journal of International Law

In the 1950s long distance telephone communication by wire or Herz circuit was extremely limited and usually very expensive. In 1956, the installation of the first transatlantic telephone cable, TAT 1, signaled the beginning of the present era in intercontinental telecommunications. However, it soon became apparent that underwater cables would not meet the ever-increasing demand for communications created by expanding global economic activity. At the same time, radio communications also experienced growing demand, and suffered from overcrowded frequencies. It was therefore natural that the first application of telecommunications technology in space focused on the improvement of intercontinental circuits.

The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing

Michigan Journal of International Law

The first international legal instruments to be adopted were two Council of Europe resolutions in 1973 and 1974, the first on "the protection of the privacy of individuals vis-A-vis electronic data banks in the private sector," 9 and the second on "the protection of the privacy of individuals vis-A-vis electronic data banks in the public sector." This article will describe and compare the rules of data protection as they emerge in the instruments. Although this will require some assessment, the main objective will be to explain and amplify.

The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt

Michigan Journal of International Law

Communication satellites in geostationary orbit have the marvelous ability to permit information exchange across very large distances. These satellites can accomplish this feat because they are high enough above the earth's surface to be in the "line-of-sight" of microwave transmitters and receivers many thousands of miles apart. Although communication satellites were first used to relay information between continents, by the end of the 1970s they were being used increasingly to transmit information within large countries. This more recent usage, known as "domestic satellite service," is an attractive substitute for lengthy terrestrial microwave or cable networks.

Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove

Michigan Journal of International Law

The remarkable scientific and technological developments of the past three decades have resulted in the increasing use of the "geostationary orbit.” Advances in the technology of broadcasting, meteorological reconnaissance, tracking and data relay from orbital satellites, for example, have greatly enlarged its importance. The growing number of geostationary satellites and the anticipated increases in their use have evoked widespread concerns among many less-developed countries (LDCs) about the early preemption of available orbital positions by more developed nations. Attention has focused on the question of the maximum number of satellites that can be accommodated in the orbit. Although estimates have varied …

Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius

Michigan Journal of International Law

This article is a progress report, written at the beginning of 1983. It is about the unfolding of a new communications medium, satellite broadcasting, in Europe. It is very probable that by the time of publication, many new developments will have taken place. However, this analysis may still be helpful later on to allow those responsible for the development and use of this powerful new channel of communication to know what the expectations and apprehensions were in 1983. Feedback from history is indispensable to builders of the future, provided that someone is willing to commit to paper a record of …

Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson

Michigan Journal of International Law

Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …

Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers

Michigan Journal of International Law

To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …