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Full-Text Articles in Law

Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 May 2015

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 Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos Dec 2014

The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos

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

No abstract provided.


The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach Dec 2014

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach

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

No abstract provided.


Volume 23 Masthead Dec 2014

Volume 23 Masthead

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

No abstract provided.


The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen Dec 2014

The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen

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

No abstract provided.


Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak Dec 2014

Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak

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

The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …


Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels Dec 2014

Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels

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

No abstract provided.


Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano Dec 2014

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano

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

No abstract provided.


The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo Dec 2014

The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo

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

No abstract provided.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna Dec 2014

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

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

No abstract provided.


Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd Aug 2014

Market Definition And The Economic Effects Of Special Access Price Regulation, T. Randolph Beard, Lawrence J. Spiwak Esq., George S. Ford Phd

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

Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding price regulation in this sector, the importance of market definition on the expected economic effects of regulation is worth evaluating. In this article, we demonstrate that if geographic markets are “location specific” and supplied by a monopolist as the proponents of regulation claim, then price regulation reduces economic welfare in all instances. That is, even with monopoly supply, regulation offers …


Selected Docket And Legislative Summaries, 2014 Aug 2014

Selected Docket And Legislative Summaries, 2014

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

No abstract provided.


Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson Aug 2014

Equalizing Webcasting Licensing Schemes: The Internet Radio Fairness Act And The Future Of Internet Radio, Abbi Hutcherson

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

No abstract provided.


Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna Aug 2014

Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna

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

No abstract provided.


Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner Aug 2014

Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner

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

No abstract provided.


Restoring Foia's Reach To The National Security Council, Andrew Yingling Aug 2014

Restoring Foia's Reach To The National Security Council, Andrew Yingling

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

No abstract provided.


Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod Aug 2014

Taxing And Regulating Bitcoin: The Government's Game Of Catch Up, Patrick Mcleod

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

No abstract provided.


Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel Aug 2014

Reactions Of Broadband Service Providers To The Growth Of Video Streaming, John Meisel

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

No abstract provided.


Give Me Your Password: The Intrusive Social Media Policies In Our Schools, Talon Hurst Jan 2014

Give Me Your Password: The Intrusive Social Media Policies In Our Schools, Talon Hurst

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

No abstract provided.


The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach Jan 2014

The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach

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

Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …


An Overlooked Basis Of Jurisdiction Of Net Neutrality: The World Trade Organization Agreement On Basic Telecommunications Services, Jennifer A. Manner, Alejandro Hernandez Jan 2014

An Overlooked Basis Of Jurisdiction Of Net Neutrality: The World Trade Organization Agreement On Basic Telecommunications Services, Jennifer A. Manner, Alejandro Hernandez

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

No abstract provided.


Does Retransmission Consent Need Fixing? (Or Do Consumers Need Help So They Can Watch The Super Bowl, World Series, And Academy Awards?), Gregory J. Vogt Jan 2014

Does Retransmission Consent Need Fixing? (Or Do Consumers Need Help So They Can Watch The Super Bowl, World Series, And Academy Awards?), Gregory J. Vogt

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

No abstract provided.