Communications Law Commons^™

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

From International Law To Law And Globalization, Paul Schiff Berman

ExpressO

International law’s traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important – though sometimes inchoate – processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that “international law” is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth D. Katkin

ExpressO

In 1971, 85 nations (including the United States) formed the International Telecommunications Satellite Organization “INTELSAT,” a public intergovernmental treaty organization. INTELSAT was charged with operating the world’s first global telecommunications satellite system, in order to guarantee the interconnectedness of the world’s communications systems and the availability of international telecommunications service to every nation on earth. By the late 1980s, however, INTELSAT’s operations began to experience substantial competition from the private sector. In 2000, the proliferation of privately-owned telecommunications satellites and transoceanic fiber optic cables led the U.S. Congress to mandate the privatization of INTELSAT. That privatization process began in 2001, …

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

Case Note. Nemitz V. United States, A Case Of First Impression: Appropriation, Private Property Rights And Space Law Before The Federal Courts Of The United States, Robert Kelly

Journal of Space Law

No abstract provided.

Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg

Faculty Scholarship

Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang

Northwestern Journal of International Law & Business

The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …

Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein

Northwestern Journal of International Law & Business

This article provides a synopsis of Argentina's telecommunications industry and examines the compelling reasons why Argentina must effectively liberalize the industry while eliminating its hidden protectionist policies. Part II presents a historical overview of the Argentina's telecommunications industry and analyzes Argentina's domestic laws requiring liberalization. Part III explores the main economic policy reasons for why liberalization of the Argentine telecommunications industry is essential. Part IV offers recommendations to better achieve effective development, liberalization and competition in the telecommunications industry. This article concludes that Argentina must completely liberalize its telecommunications industry for basic services, thereby abiding by its domestic legal commitments …

Polish Communications Law: Telecommunications Takes Off In Transition Countries But At What Price Are They Becoming Wired?, Jennifer L. Feltham

Vanderbilt Journal of Transnational Law

Internationally, the urge to expand and improve telecommunications services is spreading. Transition countries, attempting the leap from Third World status to becoming world leaders, have caught the fever and have attempted to reform their regulations governing telecommunications. In large part these laws have induced slow liberalization of the communications sector with an intrusive regulatory agency guarding every step taken towards privatization. The World Trade Organization's General Agreement on Trade in Services (GATS) encourages transition countries to use privatization as a way to increase funding for communications equipment. Many transition countries signed the GATS agreement in the hope of attracting international …

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.

A Pragmatic Approach To Meaning In Defamation Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

With the creation and implementation of the February 1996 World Trade Organization Agreement on Basic Telecommunications Services, the international telecommunications community has (at least on paper) promised ostensibly to move away from markets characterized by monopolies and toward a world of competition and deregulation. The big question, however, is whether these efforts will actually lead to better economic performance in the market for international telecommunications products and services. This Article examines one particular, yet extremely significant, portion of this inquiry—how much have U.S. international telecommunications policies specifically helped or hindered this process. This Article, after surveying Federal Communications Commission (FCC …

International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller

Federal Communications Law Journal

The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …

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.

A Different Time, A Different Place: Breaking Up Telephone Companies In The United States And Japan, Richard E. Nohe

Federal Communications Law Journal

Currently, the Japanese government is in the midst of a decision with respect to the future of the now privatized Nippon Telegraph and Telephone (NTT) of Japan. The divestiture of AT&T, NTT's United States counterpart, occurred over a decade ago. The Japanese government is contemplating the use of AT&T as a model for the break up of NTT. Because of NTT's history as a monopoly service provider, the central issue confronting Japan is how to create a market that can withstand competition nationally and globally.

The Author adopts a comparative approach in seeking to provide guidance to policymakers in Japan. …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

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.

Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley

Federal Communications Law Journal

Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.

The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel

UIC Law Review

No abstract provided.

The First Amendment And The International "Free Flow" Of Information, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Opening Doors In Foreign Market Trade Through The Telecommunications Trade Bill, Colette E. Neuner

BYU Law Review

No abstract provided.

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Journal Articles

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …

International Propaganda And Developing Countries, Adeno Addis

Vanderbilt Journal of Transnational Law

This Article will use the term propaganda in its negative sense and explore its impact on developing nations' capacity for self-determination. Following a brief suggestion about a workable definition in Part II, Part III isolates the particular threat that propaganda poses for developing nations. Part IV then surveys the fractured history of international propaganda regulation. Part V examines the relationship between self-determination and propaganda, with specific reference to disinformation and what will be termed "structural propaganda." Individual state responses to propaganda are outlined in Part VI. Part VII explores the same issue on the international level and suggests the creation …

Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt

Michigan Journal of International Law

In the immediate past modem communication means such as efficient telephone and television systems have been viewed as the luxuries of well developed economies. Rapid advances in the field of communications and computer technologies have changed this basic outlook. Now, it is possible to use these technologies as tools of economic growth in both developed and developing countries. This is primarily because cost has gone down while efficiency has gone up. A recent article concerning small computers demonstrates the point. "If the aircraft industry had developed as spectacularly as the computer industry over the past twenty-five years, a Boeing 767 …

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.

United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt

Northwestern Journal of International Law & Business

The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium