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Articles 31 - 60 of 238
Full-Text Articles in Law
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Federal Communications Commission, Administrative Law, Cbs, Inc. V. F.C.C., Rochelle K. Seide
Federal Communications Commission, Administrative Law, Cbs, Inc. V. F.C.C., Rochelle K. Seide
Akron Law Review
The broadcast media has an obligation to permit a legally qualified candidate for federal office to purchase reasonable amounts of time on behalf of his candidacy. In so holding, the Supreme Court went beyond a mere codification of the public interest standard. Pursuant to section 312(a)(7) of the Communication Act of 1934, as amended, candidates for federal office have an affirmative right of reasonable access to the broadcast media. In addition, the Court found that the statutory right of access provided by section 312(a)(7), as defined and applied by the Federal Communications Commission (FCC), was not violative of the first …
Deregulation Of Telephone Services In Ohio, Frank P. Darr
Deregulation Of Telephone Services In Ohio, Frank P. Darr
Akron Law Review
Part I reviews the market changes that exist and which, in part, drive the regulatory changes and have emerged because of them. Parts II and III establish the basic regulatory schemes that existed prior and subsequent to divestiture and deregulation at the federal level. Part IV sets out the Ohio regulatory structure which previously controlled the actions of the Ohio commission. Parts V and VI then address the response of the Ohio commission and supreme court to the changes at the federal level and note some potential institutional barriers to deregulation. Part VII introduces the legislative response to deregulation, House …
Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, J. Armand Musey Cfa, Aalok Mehta
Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, J. Armand Musey Cfa, Aalok Mehta
J. Armand Musey, CFA
In this paper, we present evidence of persistent errors in projections of wireless demand and examine the implications for wireless policy and investment. Mobile demand projections are relied upon in academic and government research and used for critically important telecommunications policy decisions, both domestically and internationally. The Federal Communications Commission, for example, used such projections to estimate a 275 MHz spectrum shortage by 2014 and featured such estimates in the U.S. National Broadband Plan as evidence for allocating additional spectrum for cellular services. The International Telecommunications Union Radiocommunication Sector endorsed in 2006 an estimate of a 1,280- to 1,720-MHz spectrum …
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
There's No Place Like Work: How Modern Technology Is Changing The Judiciary's Approach To Work-At-Home Arrangements As An Ada Accommodation, Benjamin D. Johnson
University of Richmond Law Review
No abstract provided.
Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo
Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo
All Faculty Scholarship
The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.
Close But No Cigar: Telecommunications In Cuba, Jodi Benassi
Close But No Cigar: Telecommunications In Cuba, Jodi Benassi
Jodi Benassi
No abstract provided.
Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson
Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson
Georgia Journal of International & Comparative Law
No abstract provided.
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
University of Michigan Journal of Law Reform
Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed privately financed candidates and independent groups to spend unlimited amounts of money on campaigning. Publicly financed candidates now risk being vastly outspent. Second, Arizona Free Enterprise Club’s Freedom PAC v. Bennett invalidated a proportional fund matching system whereby privately financed candidates’ or independent groups’ spending triggered funds to publicly funded candidates. These decisions effectuate a libertarian speech doctrine: all speakers, individual or corporate, must be absolutely unburdened. To comply with this approach, …
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Law Faculty Scholarly Articles
The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …
No More Shortcuts: Protect Cell Site Location Data With A Warrant Requirement, Lauren E. Babst
No More Shortcuts: Protect Cell Site Location Data With A Warrant Requirement, Lauren E. Babst
Michigan Telecommunications & Technology Law Review
In modern society, the cell phone has become a virtual extension of most Americans, managing all kinds of personal and business matters. Modern cell tower technology allows cell service providers to accumulate a wealth of individuals’ location information while they use their cell phones, and such data is available for law enforcement to obtain without a warrant. This is problematic under the Fourth Amendment, which protects reasonable expectations of privacy. Under the Katz two-prong test, (1) individuals have an actual, subjective expectation of privacy in their cell site location data, and (2) society is prepared to acknowledge that expectation as …
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Federal And State Authority For Broadband Regulation, Tejas N. Narechania
Federal And State Authority For Broadband Regulation, Tejas N. Narechania
Tejas N. Narechania
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
Trade In Telecommunications Services, Jonathan D. Aronson
Trade In Telecommunications Services, Jonathan D. Aronson
Georgia Journal of International & Comparative Law
No abstract provided.
Trinko: Going All The Way, George A. Hay
The Tipping Point Of Federalism, Amy L. Stein
The Tipping Point Of Federalism, Amy L. Stein
Amy L. Stein
As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …
The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum
The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum
Georgia Journal of International & Comparative Law
No abstract provided.
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
An Overlooked Basis Of Jurisdiction Of Net Neutrality: The World Trade Organization Agreement On Basic Telecommunications Services, Jennifer A. Manner, Alejandro Hernandez
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.
Hanging Up Too Early: Remedies To Reduce Robocalls, Maria G. Hibbard
Hanging Up Too Early: Remedies To Reduce Robocalls, Maria G. Hibbard
Journal of Law, Technology, & the Internet
No abstract provided.
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal
Publications
This Article examines the puzzle of whether today's Federal Communications Commission ("FCC" or the "Agency") is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC's oversight, the United States' communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today's communications age, whether …
Network Nepotism And The Market For Content Delivery, Tejas N. Narechania
Network Nepotism And The Market For Content Delivery, Tejas N. Narechania
Tejas N. Narechania
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Frank A. Pasquale
Unaccountable power at any layer of online life can stifle innovation elsewhere. Dominant search engines rightly worry that carriers will use their control of the physical layer of internet infrastructure to pick winners among content and application providers. Though they advocate net neutrality, they have been much less quick to recognize the threat to openness and fair play their own practices may pose. Just as dominant search engines fear an unfairly tiered online world, they should be required to provide access to their archives and indices in a nondiscriminatory manner. If dominant search engines want carriers to disclose their traffic …
Copyright, Neuroscience, And Creativity, Erez Reuveni
Copyright, Neuroscience, And Creativity, Erez Reuveni
Erez Reuveni
It is said that copyright law’s primary purpose is to encourage creativity by providing economic incentives to create. Accepting this premise, the primary disagreement among copyright stakeholders today concerns to what extent strong copyrights in fact provide efficient economic incentives. This focus on economic incentives obscures what is perhaps copyright doctrine’s greatest weakness—although the primary purpose of copyright law is to encourage creativity, copyright doctrine lacks even a rudimentary understanding of how creativity functions on a neurobiological level. The absence of a cohesive understanding of the science of creativity means that much of copyright theory is premised on antiquated assumptions …
The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo
The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo
All Faculty Scholarship
One of the most distinctive characteristics of the U.S. telephone system is that it has always been privately owned, in stark contrast to the pattern of government ownership followed by virtually every other nation. What is not widely known is how close the United States came to falling in line with the rest of the world. For the one-year period following July 31, 1918, the exigencies of World War I led the federal government to take over the U.S. telephone system. A close examination of this episode sheds new light into a number of current policy issues. The history confirms …