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- FCC (18)
- Federal Communications Commission (10)
- Telephone Consumer Protection Act (8)
- FTC (7)
- Telemarketing Sales Rule (6)
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- TCPA (5)
- Telecommunications Act of 1996 (5)
- Telemarketing and Consumer Fraud and Abuse Prevention Act (5)
- AARP (4)
- Federal Trade Commission (4)
- TSR (4)
- AT&T (3)
- Anderson v. Treadwell (3)
- Do Not Call Registry (3)
- Do-Not-Call Registry (3)
- Edenfield v. Fane (3)
- Miller v. California (3)
- Telecommunications Act (3)
- USA PATRIOT Act (3)
- ACLU (2)
- ACLU v. Reno (2)
- AMENDMENTS TO FCC RULES (2)
- American Civil Liberties Union (2)
- American Teleservices Association (2)
- Bell Atlantic (2)
- Board of Trustees of the State University of New York v. Fox (2)
- CDA (2)
- CTIA (2)
- Cable Act (2)
- Central Hudson Gas & Electric Corp. v. Public Service Commission (2)
Articles 31 - 47 of 47
Full-Text Articles in Communications Law
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.
“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.
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 …
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 …