Law Commons^™

Ip Addresses And Personal Data: K.U. V Finland, Karen Mccullagh

Karen McCullagh

Classifying IP addresses as personal data could have serious implications for search engines and many other electronic businesses, in particular, the personalised advertising business model of the Internet. Recent court decisions have not clarified the position, so businesses that log IP addresses should proceed with caution.

When Sex And Cell Phones Collide: Inside The Prosecution Of A Teen Sexting Case, Robert D. Richards, Clay Calvert

UC Law SF Communications and Entertainment Journal

The high-tech phenomenon of teen "sexting," which is now garnering mainstream media attention, is pushing and straining traditional legal notions of what constitutes child pornography. As teens take sexually provocative photos of themselves and send them off to other teens via cell phones, some prosecutors are charging them as child pornographers. This article pivots on an exclusive, in-person interview conducted in Florida by the authors in May 2009 with attorney Lawrence Walters and his client Phillip Alpert, who sexted a nude photo of his girlfriend when he was 18 years old. Alpert was charged under child pornography laws and, today, …

Toward A Broadband Public Interest Standard, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

Although they emerged seven decades apart, commercial broadcasting and the Internet were greeted with similar excited declarations of their potential to transform American democracy by hosting an electronic free marketplace of ideas that would inform and enlighten citizens and catalyze discussion on issues of public importance. The federal government played a central role in the initial development and proliferation of both technologies, but then assumed very different regulatory orientations to the two industries once they were commercialized. In broadcasting, the government took on an interventionist posture promoting civic republican First Amendment values by means of a variety of public interest …

The Fourth Amendment's New Frontier: Judicial Reasoning Applying The Fourth Amendment To Electronic Communications, Amanda Yellon

Journal of Business & Technology Law

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Parental Rights In Myspace: Reconceptualizing The State's Parens Patriae Role In The Digital Age, Sheerin N. S. Haubenreich

UC Law SF Communications and Entertainment Journal

Generally, parents have a great deal of leeway in their childrearing decisions, including choices in the content of their children's internet use. But there is a harm about which many parents and state and federal governments are unaware: reputational harm. Children and teenagers' current internet use puts them at risk of permanently harming their reputations, and there are no protective measures in place, whether educational or regulatory. They are posting personal information on the internet at an alarming rate mostly via social networking sites like MySpace.com and Facebook.com without an awareness of the present and long-term consequences, such as the …

"It's Third And Eight!": The Third Circuit Adopts An Eight-Factor Test For Likelihood Of Confusion In False Enforcement Cases And Flags Related Defenses In Facenda V. Nfl Films, Justin Kerner

UC Law SF Communications and Entertainment Journal

Due to the increased importance of celebrity in American culture, the volume of false endorsement claims under Section 43(a) of the Lanham Act has risen steadily in the last twenty years. In the third circuit, courts have adopted a three-element test for false endorsement cases: plaintiffs must prove that (1) the mark in question is valid and legally protectable; (2) the plaintiff owns the mark; and (3) the defendant's use of the mark will likely create confusion. In Facenda v. NFL Films, the Third Circuit Court of Appeals adopted a eight-factor test for the third element, likelihood of confusion. This …

Avatar Rights In A Constitutionless World, Tiffany Day

UC Law SF Communications and Entertainment Journal

Courts will face novel issues in constitutional law when the virtual world begins to resemble the real world. Virtual world platforms, such as Second Life, offer a glimpse into the problems that online players face, as well as a look at how some of these problems can be handled in real life. While courts have largely ignored in-game legal issues and have left game creators with the power to decide punishment and distribution of rights, as online commerce and business models begin to grow these issues become more relevant to today's society.

This Note examines the various theories of player …

Toward A Broadband Public Interest Standard, Anthony E. Varona

Articles

No abstract provided.

Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg

Scholarly Articles

No abstract provided.

Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser

Publications

Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …

The Future Of Internet Regulation, Philip J. Weiser

Publications

Policymakers are at a precipice with regard to Internet regulation. The Federal Communications Commission's ("FCC") self-styled adjudication of a complaint that Comcast violated the agency's Internet policy principles (requiring reasonable network management, among other things) clarified that the era of the non-regulation of the Internet is over. Equally clear is that the agency has yet to develop a model of regulation for a new era. As explained in this Article, the old models of regulation - reliance on command-and-control regulation or market forces subject only to antitrust law - are doomed to fail in a dynamic environment where cooperation is …

Over And Out: Examining How Cognitive Radio Will Affect First Amendment Restrictions On Broadcast Media, Theresa Skonicki

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

Licensed Anarchy: Anything Goes On The Internet - Revisiting The Boundaries Of Section 230 Protection, Thomas D. Huycke

West Virginia Law Review

No abstract provided.

Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout

Faculty Scholarship

This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …

Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin

Faculty Scholarship

This essay addresses the question whether one should support regulatory proposals that one believes are, standing alone, bad public policy in the hope that they will do such harm that they will ultimately produce (likely unintended) good results. For instance, one may regard a set of proposed regulations as foolish and likely to hobble the industry regulated, but perhaps desirable if one believes that we would be better off without that industry. I argue that television broadcasting is such an industry, and thus that we should support new regulations that will make broadcasting unprofitable, to hasten its demise. But it …

Conflict Of Law And Surreptitious Taping Of Telephone Conversations, Carol M. Bast

NYLS Law Review

No abstract provided.

The Contemporary Guide To Negotiating The Author-Publisher Contract, Martin P. Levin

NYLS Law Review

No abstract provided.

Cartoon Network Lp, Lllp V. Csc Holdings, Inc., Marc Miller

NYLS Law Review

No abstract provided.

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Faculty Scholarship

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …

Campaign Finance Regulation: The Resilience Of The American Model, William Araiza

Faculty Scholarship

No abstract provided.

Linkline's Institutional Suspicions, Daniel A. Crane

Articles

Antitrust scholars are having fun again. Not so long ago, they were the poor, redheaded stepchildren of the legal academy, either pining for the older days of rigorous antitrust enforcement or trying to kill off what was left of the enterprise. Other law professors felt sorry for them, ignored them, or both. But now antitrust is making a comeback of sorts. In one heady week in May of 2009, a front-page story in the New York Times reported the dramatic decision of Christine Varney-the Obama Administration's new Antitrust Division head at the Department of Justice-to jettison the entire report on …

The Facebook Frontier: Responding To The Changing Face Of Privacy On The Internet, Samantha L. Millier

Kentucky Law Journal

No abstract provided.

Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein

Articles & Chapters

No abstract provided.

Technology Convergence And Federalism, Daniel Lyons

Daniel Lyons

No abstract provided.

A Comment On James Grimmelmann’S Saving Facebook, Susan Freiwald

Susan Freiwald

This paper comments on Professor James Grimmelmann’s article Saving Facebook (94 Iowa L. Rev. 1137 (2009) http://http://works.bepress.com/james_grimmelmann/20). provides a useful analysis of the privacy debates surrounding this social networking web site. Grimmelmann provides valuable sociological and psychological material for future legislators to draw on in considering legislative control of Facebook and similar sites. Grimmelmann uses Facebook to provide concrete examples of privacy concerns to build on the more general framework provided by the works of Daniel Solove. The comment does take exception to Grimmelmann’s analysis in several points. Chief among these is Grinnlemann’s lack of evidence in support of his …