Communications Law Commons^™

A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker

ExpressO

Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency …

New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis

Federal Communications Law Journal

Global economic integration creates new risks for national security. Foreign ownership of telecommunications service providers is an area of expanding concern. Foreign ownership could multiply opportunities for espionage by increasing foreign entities' access to U.S. communications and networks as well as increasing the complexity of defenders' tasks. Foreign ownership could make law enforcement communications interception more difficult. Foreign ownership could also increase the ability of a potential opponent to disrupt critical infrastructure and the services the foreign-controlled entities provide. These concerns create interest in improving existing processes for managing the risks associated with foreign ownership--such responsibility principally lies with the …

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.

In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …

Privilege And Punishment: Press Governance In China, Perry Keller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Coming To Terms With Informational Stratification In The People's Republic Of China, Jack Linchuan Qiu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Japan's Communications Interception Act: Unconstitutional Invasion Of Privacy Or Necessary Tool?, Lillian R. Gilmer

Vanderbilt Journal of Transnational Law

In August 1999, Japan became the last of the G8 nations to pass legislation to allow law enforcement to wiretap communications. For some, passage of the law was long overdue; for others, its passage marked the beginning of an impermissible government encroachment on civil rights. This Note examines Japan's Communications Interception Act, the forces in Japanese society creating the need for the law, and the reasons why the law is being challenged. Part II examines the policy behind the law, its history, and public reaction to the law. Part III presents the history of organized crime in Japan, and a …

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow

Federal Communications Law Journal

Asia's telecommunications market has long been viewed as lucrative and fast growing. As the benefits of a competitive telecommunications market become apparent, many Asian governments recognize that global corporations require, and in fact demand, state-of-the-art telecommunications infrastructure. After several years of strong growth, however, the severe economic crisis that affected all industry segments in Asia caused investors to pause and reevaluate the risks involved in financing infrastructure projects. Despite the recent Asian economic crisis, the overall picture for Asian telecommunications infrastructure projects remains promising. Asian governments continue to liberalize their regulatory schemes, thus reducing regulatory and political risks to investors. …

The Fairness Doctrine Is Dead And Living In Israel, Amit M. Schejter

Federal Communications Law Journal

The fairness doctrine has long been eliminated as required conduct for broadcasters in the United States. When enforced, it meant both being required to discuss controversial issues and to represent them in a fair way. In Western Europe, where only public service broadcasters existed until quite recently, a different doctrine emerged—the doctrine of impartiality. Under this doctrine, broadcasters were to refrain from being partial in any way. In Israel, a hybrid solution was adopted: While the system was designed in the Western European way, the courts have been insisting for years that the American fairness doctrine is the norm for …

To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan

Federal Communications Law Journal

Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.

Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New German Telecommunications Act, The, Axel Spies, Jan F. Wrede

Michigan Telecommunications & Technology Law Review

In the wake of the debate in Germany on how to weather the storms against the "marketplace Germany" (Unternehmensstandort Deutschland) the new German Telecommunications Act ("TA") has been earmarked as a milestone. Its supporters hail the TA to spur competition in Germany's telecommunications market, which they expect to have a turnover of over DM 100 billion (app. US $66 billion) by the year 2000.... This article seeks to summarize the salient features of the TA and to outline the perspectives for potential foreign investors in the German telecommunications market as to the regulatory environment such investor will face. For this …

Einstein's Hair, Jonathan A. Franklin

Michigan Journal of International Law

Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers

Enlightenment, Donald J. Herzog

Articles

It's a curious broadside, a work of austere graphics and polite prose far removed from the mischievous engravings and bawdy ballads usually appearing on such sheets. Drawn from an address that 345 printers had signed and 138 had presented to the queen, the original text was committed to parchment "and accompanied by a Copy surperbly printed on white Satin, edged with white Silk Fringe, backed with purple Satin, and mounted in an Ivory Roller with appropriate Devices." Even in the published version, the arch is full of intricately detailed work. The printers took pride in their craftmanship: "This Specimen of …

Introduction, Monroe E. Price, Stefaan G. Verhulst

Cardozo Journal of International and Comparative Law

The idea for this book came from the important and interesting debate in India during 1997 on the nature of an appropriate media law for the future of its society. The operative law primarily had been the 1895 Indian Telegraph Act and, both as a matter of a felt need for modem regulation and as a symbol of India's status as a modem democracy, the courts, the Government, the media sector, and the Parliament were all persuaded of the need for change.

Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster

Michigan Telecommunications & Technology Law Review

National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …

The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress

Federal Communications Law Journal

Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …

Countdown To 1998: Status Of Telecommunications Competition In Europe And Comparison With The United States, Mark Naftel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part Two, Peter Krug

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner

Federal Communications Law Journal

Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.

The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …

Ideology Between Fiction And Fantasy, Slavoj Zizek

Cardozo Law Review

In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …

Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part One, Peter Krug

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law, Force, And The Russian Media, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction, Jamey Gambrell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.

Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …

Lectures On Communications Media Legal And Policy Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook