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Articles 1 - 30 of 336
Full-Text Articles in Law
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
The Future Of Digital Communications Research And Policy, Scott Wallsten
The Future Of Digital Communications Research And Policy, Scott Wallsten
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Changing Patterns Of Internet Usage, Christopher S. Yoo
The Changing Patterns Of Internet Usage, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Federal Communications Law Journal
In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery
Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery
UNLV Theses, Dissertations, Professional Papers, and Capstones
Since online gaming began in 1995, the industry has been unsettled. Despite online gaming being viewed as illegal by the United States government, revenues generated from players in the U.S. grew consistently and rapidly from 1995 to 2006. U.S. lawmakers believed they clarified the legality issue by passing the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA); however, this legislation did little to discourage people in the U.S. from engaging in online gambling. U.S. lawmakers have long debated prohibition vs. regulation of the industry. Given the apparent ineffectiveness of online gaming prohibition via UIGEA, lawmakers favoring legalization and regulation of …
Nondiscrimination Norms In Cyberspace, Daniel Lyons
Nondiscrimination Norms In Cyberspace, Daniel Lyons
Daniel Lyons
Conducted faculty brown bag discussion on work-in-progress regarding nondiscrimination norms in telecommunications law.
Digital Discrimination, Danielle Citron
Digital Discrimination, Danielle Citron
Danielle Keats Citron
Social network sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women and minorities. The attacks include rape threats, privacy invasions, defamation, and technological attacks that silence victims. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Although social and legal norms have dampened offline discrimination, the internet’s Wild West culture and architecture invites bigots to move their hatred to cyberspace. The Internet facilitates anonymity, loosening social norms that constrain noxious behavior. It brings people together …
For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons
For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons
Daniel Lyons
No abstract provided.
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
Duke Law & Technology Review
Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Subhajit Basu
LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque
Canadian Journal of Law and Technology
In the first part of our analysis, we will examine the impact which pharmacogenomics is expected to have on drug research and development, on the drug approval process and on post-marketing surveillance and clinical practice. This will allow us to show how pharmacogenomic testing could be beneficial to drug companies, regulatory bodies, and patients. The second part of our analysis will focus on the regulatory framework applicable to the approval of pharmacoge- nomic tests in Canada, although we are aware of the fact that most manufacturers decide to approve their tests outside of Canada. As mentioned, the applicable regu- lations …
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Washington Journal of Law, Technology & Arts
In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.
Making Virtual Copyright Work, Matthew R. Farley
Making Virtual Copyright Work, Matthew R. Farley
Law Student Publications
This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds …
The Admissibility Of Electronic Business Records, Ken Chasse
The Admissibility Of Electronic Business Records, Ken Chasse
Canadian Journal of Law and Technology
The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Canadian Journal of Law and Technology
No abstract provided.
Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist
Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist
Canadian Journal of Law and Technology
This essay is an expanded version of my submission to the digital economy consultation. It opens with general issues such as digital policy leadership, cost issues, and emphasizes the need for a principle-based strategy that embraces the benefits associated with “open,” whether open access, open spectrum or open data. It then provides specific recommendations on a wide range of issues including tele- communications policy, privacy, and copyright.
Interpreting Copyright Law And Internet Facts, Cameron Hutchison
Interpreting Copyright Law And Internet Facts, Cameron Hutchison
Canadian Journal of Law and Technology
This paper probes interpretation issues elicited by the impact of digital technologies and the Internet on copyright law. The purpose of the paper is to instill a coherent framework for analyzing copyright law when it encounters Internet or digital facts. In part one, I propose a methodology of statutory interpretation that helps suitably adapt statutory language to technological developments. In essence it is this: courts should examine the language of the operative provision in its statutory context and in light of its purpose. A contextual interpretation of a broadly conceived rule can reveal a legislative intention that certain kinds of …
The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke
The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke
Canadian Journal of Law and Technology
This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is …
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Nevada Law Journal
No abstract provided.
Panelist, Natural Law And Property Rights, Daniel Lyons
Panelist, Natural Law And Property Rights, Daniel Lyons
Daniel Lyons
No abstract provided.
A Failure Of Uniform Laws?, Michael Risch
A Failure Of Uniform Laws?, Michael Risch
Michael Risch
The Uniform Trade Secrets Act, adopted in forty-six states over 30 years, illustrates an important purpose of uniform laws: allowing states to adopt sister-state statutory interpretation when they enact the uniform statute. The case law of each UTSA state should theoretically apply in every other state adopting it, which provides an important benefit for small states that do not have enough litigation activity to generate their own substantial trade secret case law. This essay tests this purpose. It examines one small state’s opinions to see how much uniformity the UTSA provides. The results are somewhat surprising: the test state’s courts …
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Duke Law & Technology Review
Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.