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Communications Law Commons™

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2001

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Articles 61 - 74 of 74

Full-Text Articles in Communications Law

The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel Jan 2001

The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel

Articles & Book Chapters

In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.

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Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser Jan 2001

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Publications

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …

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Open Access And The First Amendment: A Critique Of Comcast Cablevision Of Broward County, Inc. V. Broward County, David Wolitz Jan 2001

Open Access And The First Amendment: A Critique Of Comcast Cablevision Of Broward County, Inc. V. Broward County, David Wolitz

Georgetown Law Faculty Publications and Other Works

To what extent does the Free Speech Clause of the First Amendment bar the adoption of “open access” regulations? Open access (or “net neutrality”) refers to a policy that would require broadband Internet providers, such as cable and phone companies, to allow competitive Internet Service Providers (ISPs) onto their broadband lines at nondiscriminatory rates. A federal district court in Florida recently held Broward County’s open access ordinance unconstitutional on the grounds that it would force speech – in the form of Internet content – on to the local cable company. If the district court’s analysis is correct, then open access …

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Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo Jan 2001

Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Vertical Integration And Self-Dealing In The Television Industry: Should Profit Participants Be Owed A Fiduciary Duty?, Marc Simon Jan 2001

Vertical Integration And Self-Dealing In The Television Industry: Should Profit Participants Be Owed A Fiduciary Duty?, Marc Simon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore Jan 2001

Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore

Vanderbilt Journal of Entertainment & Technology Law

We must acknowledge that some questions remain unanswered. Have we entered an era in which record labels, recording artists, record producers, and musicians will finally earn royalties for the public performance of their creations? Will the recent Copyright Office action be a watershed development in United States copyright law? Or will the broadcasters and their well-funded and powerful lobbying arm, the NAB, prevail in the end--if not in the courts, then in Congress? The only clear answer is simply this: not if the RIAA, the record labels' own well-funded and powerful lobbying arm, has anything to do with it. It …

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Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel Jan 2001

Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen Jan 2001

Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Unnecessary Privacy , Carl Felsenfeld Jan 2001

Unnecessary Privacy , Carl Felsenfeld

Faculty Scholarship

An individual's right to privacy in an electronic society has gained international attention as a booming new field. Its birth may roughly be marked to coincide with the birth of the Internet. The flow of information without limit or boundary has raised concerns with the consumer spokespeople in the Western World that personal information about them may flow as easily as general information about Machu Pichu, Keynesian economics, or Harvard College. The fear is that will cause individuals harm, ranging from personal embarrassment to a loss of civil liberties. Therefore, movements are developing to limit this flow of information. The …

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Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser Jan 2001

Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser

Publications

No abstract provided.

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Patterns Of Courtroom Justice, Jessica Silbey Jan 2001

Patterns Of Courtroom Justice, Jessica Silbey

Faculty Scholarship

Any one film can sustain a myriad of compelling interpretations. A collection of films, however, sharing formal and substantive qualities, reveals a common effect more than a diversity of meanings. This essay traces the shared formal and substantive qualities of a group of films, as I name them 'trial films'. It documents this genre of film by identifying the genre's norms of viewing and identification. It also investigates the peculiar hybrid discourse of the trial film genre that combines both filmic and legal discursive practices to show how trial films cultivate support for the American system of law through its …

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Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Walter W. Miller Jr., Maureen A. O'Rourke Jan 2001

Bankruptcy Law V. Privacy Rights: Which Holds The Trump Card?, Walter W. Miller Jr., Maureen A. O'Rourke

Faculty Scholarship

The Internet's emergence as a retail marketplace has both posed new issues and cast old problems in a new light. As technology, particularly software, has advanced over time, traditional bricks and mortar firms have acquired the capability of tracking and analyzing all sorts of information about their customers, including purchasing patterns and demographic information. For years, firms have been licensing and selling such customer data both in and out of bankruptcy without much fear of legal limitations. In particular, the law has generally not adopted privacy rules that would present a barrier to commerce in personal information.

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What The Future Holds: Policy Choices In A Global Marketplace, Maureen A. O'Rourke Jan 2001

What The Future Holds: Policy Choices In A Global Marketplace, Maureen A. O'Rourke

Faculty Scholarship

This essay's title is a misnomer. No one knows "What the Future Holds" in the global marketplace. We can, however, make some educated guesses about the issues that will assume particular importance in the next year or so. Thus, the essay might be more accurately titled, "What May or May Not Be the Important Issues in Internet Commerce in the Next Year or So'"-less catchy, admittedly, but closer to the truth.

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Berne Without Borders: Geographic Indiscretion And Digital Communications, Jane C. Ginsburg Jan 2001

Berne Without Borders: Geographic Indiscretion And Digital Communications, Jane C. Ginsburg

Faculty Scholarship

This lecture examines the role of borders in the Berne Convention at the time of the treaty's first passage in 1886, and today. The later 19th century was an era of increasing commerce and communication among countries whose domestic production and reproduction of works of authorship had vastly increased, thanks in part to new technologies, such as photography, lithography, and high-speed printing. But at that time, the frontiers between nations often frustrated authors' hopes for control over, or at least compensation for, the international exploitation of their works. Authors' rights ceased at their national boundaries; the world beyond foreboded not …

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