Communications Law Commons^™

Returning To The Start? Federal Bipa Claims After Transunion V. Ramirez, Michael Goodyear

Articles & Chapters

The Illinois Biometric Information Privacy Act, more commonly known as “BIPA,” was the first statute to protect biometric privacy in the United States when it was passed in 2008. Although Texas and Washington have since passed their own biometric privacy laws, and other states have protected biometric information as part of more general data privacy legislation, BIPA remains the most powerful such law in the country due to being the only biometric privacy law to contain a private right of action. BIPA has also proven to be an important precedent for other states, such as New York, that are currently …

Counterbalancing Teen Reliance On Social Media News: The Importance Of Using Street Law Methodology To Teach About Current Events, Amy Wallace

Articles & Chapters

Globally, civic engagement of young people lags behind the general population. There is some evidence that young people are becoming more interested and engaged in world events. The pandemic and social justice movements addressing the environment, racial injustice, women’s issues, and LGBTQ rights have especially mobilized young people.

Social media has been key to the success of many grassroots movements (#MeToo, Black Lives Matter, and Greta Thunberg). Increasingly young people are also using social media as a source of news. Teachers and professionals who work with young people have noticed a dramatic surge in awareness and interest in current events. …

Is There No Way To The Truth? Copyright Liability As A Model For Restricting Fake News [Notes], Michael Goodyear

Articles & Chapters

A proliferation of fake news has flooded U.S. websites and social media. From misinformation affecting the 2016 election to individuals making profits off of creating false stories, the United States desperately needs a legal response to the fake news crisis. However, U.S. law has effectively forestalled any attempts to bring fake news to heel. The First Amendment has been held to protect fake news. The Communications Decency Act, codified as Section 230, protects online platforms from the remaining potential sources of vicarious liability for fake news. Instead, gradually, self-regulation by websites has started to fill this void.

Proposed solutions have …

The Dark Side Of Videoconferencing: The Privacy Tribulations Of Zoom And The Fragmented State Of U.S. Data Privacy Law, Michael Goodyear

Articles & Chapters

COVID-19 has forced the world to increasingly rely on online services to continue daily life. Chief among these, for school, business, and fun, are videoconferencing services. Zoom has led the way, being used by millions, yet it has come to light that Zoom’s data privacy practices are far from ideal. The tracking of users and the sale of personal data has enormous consequences for users’ data privacy. Yet U.S. law provides poor protections for such risky behavior. U.S. data privacy law is fragmented on both the federal and state level, with federal law focusing on industry-specific protections and states each …

Visual Literacy For The Legal Profession, Richard K. Sherwin

Articles & Chapters

Digital technology has transformed the way we communicate in society. Swept along on a digital tide, words, sounds, and images easily, and often, flow together. This state of affairs has radically affected not only our commercial and political practices in society, but also the way we practice law.

Unfortunately, legal education and legal theory have not kept up. Inconsistencies and unpredictability in the way courts ascertain the admissibility of various kinds of visual evidence and visual argumentation, lapses in the cross examination of visual evidence at trial, and inadequately theorized notions of visual meaning and the epistemology of affect tell …

What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin

Articles & Chapters

In law’s visual economy our commitment to justice grows out of a renewed encounter with an interior libidinal source whose ongoing collective investment binds us to the nomos in which we live. We experience this corporeal bond in paintings, films, and video images on screens large and small. In the ethically inflected aesthetic of post-secular jurisprudence, justice is to law as beauty is to art. As distant as an abstract expressionist canvas, as close as any neighbor, or indeed any screen on which the neighbor becomes real to us. That is where we behold the source and instantiation of law’s …

Visual Jurisprudence, Richard Sherwin

Articles & Chapters

Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …

Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein

Articles & Chapters

No abstract provided.

Introduction: The Law School's Role In Documenting And Analyzing The Increasingly Rapid Development Of Broadband, Michael Botein

Articles & Chapters

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Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein

Articles & Chapters

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What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen

Articles & Chapters

No abstract provided.

Regulation Of Municipal Wi-Fi, Michael Botein

Articles & Chapters

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Open Video Systems: Too Much Regulation Too Late?, Michael Botein

Articles & Chapters

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Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels

Articles & Chapters

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The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz

Articles & Chapters

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The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski

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Law In Popular Culture, Richard Sherwin

Articles & Chapters

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Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

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The Demise Of The Information Superhighway, Michael Botein

Articles & Chapters

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Thoughts On The Sprint Acquisition., Michael Botein

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The Jurisprudence Of Appearances, Richard Sherwin

Articles & Chapters

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Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein

Articles & Chapters

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Judicial Review Of Fcc Action, Michael Botein

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Regulation Of Fiberoptic Integrated Broadband Networks: Common Carriage, Ownership And Rates, Michael Botein

Articles & Chapters

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The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce

Articles & Chapters

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Deregulation Of Broadcasting In The United States: Quo Vadimus., Erwin Krasnow, Michael Botein

Articles & Chapters

No abstract provided.

New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein

Articles & Chapters

No abstract provided.

Cable Television Franchising And The Antitrust Laws: A Preliminary Analysis Of Substantive Standards, Michael Botein

Articles & Chapters

No abstract provided.

Introduction [Comments]: From First Amendment Rights And The Cable Television Industry, Michael Botein

Articles & Chapters

No abstract provided.