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Articles 31 - 60 of 63
Full-Text Articles in Communications Law
Brief Of Amicus Curiae — U.S. States
Brief Of Amicus Curiae — U.S. States
Richmond Journal of Law & Technology
America is frustrated with telemarketing. To help individuals reclaim a measure of peace and privacy in their homes, the States and, later, the federal agencies had to step in. On behalf of the fifty-one million individuals who have registered on the national do-not-call (“DNC”) list, Amici Curiae California, Colorado, Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, …
Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States
Richmond Journal of Law & Technology
In 1995, the Federal Trade Commission (“FTC”) promulgated telemarketing rules that prohibit “a seller or telemarketer [of goods or services] from calling a consumer who has previously asked not to be called by or on behalf of that seller.” Earlier this year, the FTC amended its rules to make it easier for consumers to avoid telemarketing calls. Under the revised rule, commonly known as the “Do Not Call” rule, individuals can choose to prohibit all commercial telemarketing calls to their homes or cellular phones, with a limited exception for calls made pursuant to an established business relationship. The revised FTC …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.
Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association
Richmond Journal of Law & Technology
This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.
Defendant’S Reply Brief — Federal Trade Commission
Defendant’S Reply Brief — Federal Trade Commission
Richmond Journal of Law & Technology
The do-not-call registry is the product of concerted, measured efforts by Congress and two agencies over more than a decade. When Congress passed the Telephone Consumer Protection Act (“TCPA”), it recognized that the nature and volume of unwanted telemarketing had created significant intrusions into residential privacy that individuals were powerless to combat. Congress authorized creation of a do-not-call registry at that time, but gave the Federal Communications Commission (“FCC”) latitude to consider other options, such as requiring telemarketers to keep their own do-not-call lists.
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Richmond Journal of Law & Technology
This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …
Brief Of Amici Curiae — Aca International
Brief Of Amici Curiae — Aca International
Richmond Journal of Law & Technology
ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell
Richmond Journal of Law & Technology
Good morning, Mr. Chairman and distinguished members of the Committee. It is my pleasure to come before you today with my colleague Federal Trade Commission Chairman Tim Muris to discuss the implementation of the national Do-Not-Call Registry.
The Do-Not-Call List’S Big Hang-Up, Jared Strauss
The Do-Not-Call List’S Big Hang-Up, Jared Strauss
Richmond Journal of Law & Technology
On October 1, 2003, the Federal Trade Commission’s National Do- Not-Call Registry was supposed to go into effect. By forbidding companies and telemarketers from making unsolicited calls to anyone who had registered their phone number on the list three months prior, this program culminated a decade’s worth of efforts to alleviate consumer frustration with unwanted sales calls. However, on September 27, 2003, the District of Colorado derailed the registry, holding that the rule made an unconstitutional distinction between commercial and noncommercial speech by covering commercial calls and exempting calls for charitable, religious, or political organizations.
Public Utility Law, B. Paige E. Holloway
Public Utility Law, B. Paige E. Holloway
University of Richmond Law Review
No abstract provided.
Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes
Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes
University of Richmond Law Review
No abstract provided.
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, James Guest
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, James Guest
Richmond Journal of Law & Technology
Mr. Chairman, members of the Committee, thank you for the opportunity to be here with you today. My name is Jim Guest, and I am President of Consumers Union, the independent, non- profit publisher of Consumer Reports magazine and ConsumerReports.org, with over ve million subscribers.
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh
Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh
Richmond Journal of Law & Technology
"You have an instant message from Naturalbornkiller2000. Would you like to accept it?" A similar message to this one flashes on computers throughout the United States and the world, inviting computer users to "chat" or "IM" with friends, family and perfect strangers alike. While the opportunity to engage in real-time conversation over the Internet provides an interesting and often less expensive way to keep in touch with friends or to meet new people, instant messages and other Internet communications increasingly appear as a means for adults to interact inappropriately with young children. The use of Internet communication for the solicitation …
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Richmond Journal of Law & Technology
Imagine: you are preparing your fifteen-year high school reunion. When you were in high school, two rival bands played at dances. Everyone at school knew the bands and most students enjoyed the music. Like most music groups, neither band obtained a recording contract with a record label. You are not aware that during a garage practice session, the bands' members recorded some of their songs. Of these songs, only a few scratchy recordings remain. You decide that you are going to search the Internet to see whether you can find any copies of the songs that would enthuse and delight …
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
The Unfinished Business Of Breaking Up "Ma Bell:" Implementing Local Telephone Competition In The Twenty-First Century, Michael T. Osbourne
The Unfinished Business Of Breaking Up "Ma Bell:" Implementing Local Telephone Competition In The Twenty-First Century, Michael T. Osbourne
Richmond Journal of Law & Technology
Responding to the statutory deadline in the Telecommunications Act of 1996, the Federal Communications Commission (FCC) released its first Local Competition Order (LCO), In Re Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, First Report and Order, CC Docket No. 96-98 (FCC 96-325), on August 8, 1996. Designed to implement local competition nationwide, this Order in nearly 1500 pages promulgated detailed provisions regarding the relationship between the Regional Bell Operating Companies ("RBOCs") (traditional monopoly providers of local telephone service) and new entrants in local telecommunications. This article focuses on several key provisions in the first LCO …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman
Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman
Richmond Journal of Law & Technology
Recent changes in the telecommunications industry and the emerging momentum for change in the regulation of the energy industry have provided a unique opportunity to reevaluate the regulatory models that have predominated in these fields. As these proposed changes are promulgated and begin to take effect and find practical form, crucial questions of implementation become the focus of the debate and the practice of regulatory law. Basic questions are ripe for consideration, such as: Will the regulators be State or Federal Agencies? What form should this regulatory power take? Will legislators and regulators focus on new players in the industry …
Free Speech In Cyberspace: Communications Decency And Beyond, Robert M. O'Neil
Free Speech In Cyberspace: Communications Decency And Beyond, Robert M. O'Neil
Richmond Journal of Law & Technology
It is a great honor to be this year's Emanuel Emroch Lecturer. Though I never had the privilege of knowing Mr. Emroch, I do feel on this occasion as though I were almost an honorary member of the Emroch family. And I am deeply grateful to that family for having continued a tradition which seems to me as fitting and as appropriate a memorial as one could imagine. It is a living memorial in the best sense and it gives those who gather in the name of the person being so honored a chance not only to carry on their …
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
Richmond Journal of Law & Technology
On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …
How Have The Procedural Aspects Of The Telecommunications Act Of 1996 Worked?, Clinton Miller, Charles H. Carrathers Iii, Michael Schwarzwalder, Rod Johnson, Jill Butler
How Have The Procedural Aspects Of The Telecommunications Act Of 1996 Worked?, Clinton Miller, Charles H. Carrathers Iii, Michael Schwarzwalder, Rod Johnson, Jill Butler
Richmond Journal of Law & Technology
Good morning. I am Clinton Miller. I'm one of the three members of the Virginia State Corporation Commission and charged with moderating this next panel. I will give you a brief overview before they begin because there may be some people in the room who are not deeply familiar with the procedural aspects of the Telecommunication Act of 1996.
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Richmond Journal of Law & Technology
Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.
Local Franchising: What Role Will Localities Play In The Regulations Of The Telecommunications Industry? Will They Become Providers Of Telecommunications Service To The Public?, Anthony Gambardella, Dana G. Coltrin, Timothy M. Kaine, David W. Ogburn Jr.
Local Franchising: What Role Will Localities Play In The Regulations Of The Telecommunications Industry? Will They Become Providers Of Telecommunications Service To The Public?, Anthony Gambardella, Dana G. Coltrin, Timothy M. Kaine, David W. Ogburn Jr.
Richmond Journal of Law & Technology
Good morning, everybody. I am Tony Gambardella with the firm of Woods, Rogers & Hazelgrove in Richmond--formerly with the State Corporation Commission. We started yesterday's discussion with the promise of the Telecommunications Act of 1996. The main promise was, as of February 8, 1996, Congress had deregulated the telecommunications industry. The problem with the promise is that Congress retained some regulation within the industry. We have regulation at the federal level. We have a huge state role and this morning we are going to add another level--local government. Local governments have a role under the Act. There is some dispute …
Local Exchange Services In The Next Century -- What Still Must Be Done To Bring Us To Where We Want To Be?, Hullihen Williams Moore, Richard L. Cimerman, John J. Langhauser, Philip Mcclelland, Mark J. Mathis
Local Exchange Services In The Next Century -- What Still Must Be Done To Bring Us To Where We Want To Be?, Hullihen Williams Moore, Richard L. Cimerman, John J. Langhauser, Philip Mcclelland, Mark J. Mathis
Richmond Journal of Law & Technology
Our panel is Local Exchange Service in the Next Century--What Still must be Done to Bring Us to Where We Want to Be? We have four excellent panelists to address these questions. I expect the panelists to agree, in part, where we want to be, and they won't spend a whole lot of time about increased service, new technology, lower prices, and all those things. I am sure we'll hear some assurances along those lines, at least from three of the panelists. Most of the time will be spent on what still must be done to get us there. I …
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Richmond Journal of Law & Technology
The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
University of Richmond Law Review
"Family values" has become a familiar phrase in all arenas of American life. As a result of the increasing concern over family values in broadcasting, the religious right, as well as the liberal left, have tried to stay the progression of moral decadence in our youth. The concerns have been directed towards violent, sexual and vulgar content in radio, television, and films.
The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring
The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring
University of Richmond Law Review
The Cable Communications Policy Act of 1984 (the "Cable Act") was a comprehensive amendment to the Communications Act of 1934. The Cable Act established the national policy for the regulation of the cable television industry. The focus of the Cable Act and the administrative rules implementing the act has been on the relationship between franchising municipal authorities and cable television operators. Congress addressed some consumer issues in the Cable Act such as subscriber privacy, commercial access channels, and public, educational, and governmental ("PEG") channels.
Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler
Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler
University of Richmond Law Review
The Supreme Court of the United States recently stunned the cable television industry with its decision in Capital Cities Cable, Inc. v. Crisp. The immediate result of the ruling was to preempt a state statute prohibiting the advertisement of certain alcoholic beverages; however, the decision's potential impact could be much broader. The Court unanimously held cable television regulation to be the "exclusive domain" of the Federal Communications Commission (FCC) and an "area that the Commission has explicitly pre-empted." Thus, the decision extends broad regulatory authority to the FCC at the expense of local control.