Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
All Faculty Scholarship
The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book chapter, written for a conference held in February 2009, discusses the considerations that a case-by-case approach should take into account. First, allowing the network to evolve will promote innovation by allowing the emergence of applications that depend on a fundamentally different network architecture. Indeed, as the universe of Internet users and applications becomes more heterogeneous, it is …
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article posits that the Williams Court properly upheld Congress' shift in focus from the images to the speech pandering them. The majority ruled that the inability to complete a crime because of a factual error is not a defense. Its reasoning should lay to rest lingering claims that child protection statutes require an actual child. Nevertheless, the Article explains that the Williams dissent essentially relied on legal impossibility in its finding that the PROTECT Act's pandering provision was unconstitutionally overbroad. In so doing, the dissent reflects the reluctance of many to accept the extent to which adults are seeking …
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
UF Law Faculty Publications
This foreword to the first issue of 2009 for the Journal of Technology Law and Policy discusses the questions presented by the merger of technology and intellectual property and considers how best the two areas should co-exist.