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2001

Social and Behavioral Sciences

Duke Law & Technology Review

Articles 1 - 7 of 7

Full-Text Articles in Law

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares Oct 2001

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares

Duke Law & Technology Review

E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.


Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch Sep 2001

Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch

Duke Law & Technology Review

The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.


The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares Aug 2001

The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares

Duke Law & Technology Review

On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.


Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares Jul 2001

Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares

Duke Law & Technology Review

There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it.


Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk Mar 2001

Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk

Duke Law & Technology Review

When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in.


An Interview With Michael Froomkin, Kathleen E. Fuller Feb 2001

An Interview With Michael Froomkin, Kathleen E. Fuller

Duke Law & Technology Review

A. Michael Froomkin is an Administrative Law and Internet Law scholar from the University of Miami School of Law and a vigorous critic of the Internet Corporation for Assigned Names and Numbers (ICANN). He is the author of a controversial new law review article, Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 DUKE L.J. 17 (Oct. 2000), available at http://www.law.duke.edu/journals/dlj/. In his new article, Professor Froomkin argues that ICANN's relationship with the Department of Commerce is illegal. We interviewed Professor Froomkin via e-mail about his new article and about other recent ICANN-related events, …


Icann: The Debate Over Governing The Internet, Kathleen E. Fuller Feb 2001

Icann: The Debate Over Governing The Internet, Kathleen E. Fuller

Duke Law & Technology Review

Since its creation, the Internet Corporation for Assigned Names and Numbers (ICANN) has been the subject of criticism and controversy. ICANN is a private non-profit corporation that operates under contract with the US Department of Commerce. It was created at the request of the government for the purpose of privatizing the Domain Name System (DNS), the addressing system on which the Internet depends. The creation of ICANN in 1998--what some have called cyberspace's own "constitutional moment" -- represented a substantial shift in power to control the Internet from government to private industry. Today, ICANN is facing a virtual revolt. Domain …