Communications Law Commons^™

Can Law Firms Spam?, Kevin Michael

Washington Journal of Law, Technology & Arts

The CAN-SPAM Act of 2003 presents a compliance problem for law firms that issue periodic newsletters to clients or prospective clients. While the Act does not expressly include such newsletters, nor define commercial advertisement in a manner that suggests newsletters will be included, the advisory opinions from state ethics boards suggest that newsletters are advertisements. Arguments can be made that newsletters to current clients are not advertisements. However, given the low cost of compliance with the Act, firms should treat these newsletters as commercial advertisements and adhere to the provisions of the Act.

Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson

ExpressO

Since its beginning, the actual malice test first announced in 1964 in New York Times v. Sullivan, has suffered from problems that are increasingly traceable to the changing face of journalism. Its demand that the mind of the reporter be proved "with convincing clarity" has adverse consequences for plaintiffs and news organizations alike. End runs around the subjective state of mind inquiry by plaintiffs have become more common. And the actual malice test's predictability, its capacity as a standard of liability to yield consistent and coherent results across a body of cases, remains a hollow promise. As Robert Sack famously …

Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan

Michigan Telecommunications & Technology Law Review

The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …

From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans

Michigan Telecommunications & Technology Law Review

If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …

Resurrecting The Press Clause, David A. Anderson

ExpressO

No abstract provided.

Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell

Rutgers Law School (Newark) Faculty Papers

No abstract provided.

Shin, Israeli Movement For Equal Representation Of Women V. Council For Cable Tv And Satellite Broadcasting, Dalia Dorner, Theodor Or, Eliahu Mazza, Ayala Procaccia, Edmond E. Levy, Asher Grunis, Mishael Cheshin, Jacob Turkel, Dorit Beinisch, Eliezer Rivlin, Aharon Barak

Translated Opinions

Facts: The third respondent held a concession for broadcasting the ‘Playboy’ channel in Israel. This channel shows material of an erotic or pornographic nature. The first respondent gave a licence to respondents 4-7 to broadcast the ‘Playboy’ channel, subject to a number of restrictions relating, inter alia, to the times when the broadcasts were permitted, the manner of subscribing to the channel, and measures that needed to be taken to ensure that the channel was not accessible to persons under the age of 18. The petitioners challenged the decision of the first respondent, on the grounds that the first …

Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim

Federal Communications Law Journal

In this Article, Menahem Blondheim presents a critical historical analysis of the dawn of communications regulation as it began with the evolution of domestic telegraphy and developed into a coherent link between 19th century technological, business, and social developments and twentieth century First Amendment thought. First, the Article examines the political and economic environment which led to the development of national telegraph and news networks, like Western Union and the Associated Press. The Author then proceeds to assess the role of the mid-to-late nineteenth century American legislature, and how the debate over telegraph and wire service regulation realigned the powers …

Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson

Federal Communications Law Journal

This Article by Richard Kielbowicz and Linda Lawson is an exploration of the origins of sponsorship identification regulations as they pertained to early radio and television programming. Beginning with the statutory sponsorship identification requirement enacted in 1927, the Authors trace the development of sponsorship identification rules in the communications industry. By arguing that such rules express a basic goal of American communication law and policy, Kielbowicz and Lawson analyze trends and developments in sponsorship regulation that did not materialize in the 1930s and 1940s because of the nature of early broadcast sponsorship. The Authors then assert that those same early …

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.

Finding Substance In The Fcc's Policy Of "Substantial Service", Jennifer Prime

Federal Communications Law Journal

An FCC license for the use of the electromagnetic spectrum is a valuable asset, but it exists only for a limited duration. Therefore, obtaining a license renewal is vital to a licensee, especially one who has participated in an auction and made substantial investments in order to obtain the rights the license confers. This Note describes the mechanisms by which licensees obtain greater certainty that their licenses will be renewed, including the concept of renewal expectancy. One form of such expectancy is the ambiguous "substantial service" requirement. This Note explains the origins of the term, discusses its current uses, and …

Why The World Radiocommunication Conference Continues To Be Relevant Today, Kathleen Q. Abernathy

Federal Communications Law Journal

This Article by FCC Commissioner Kathleen Q. Abernathy critiques the continued importance of the World Radiocommunication Conference ("WRC"), and its role in international communications affairs. The Article analyzes the most recent WRC in Geneva, Switzerland from a critical modem perspective. Abernathy explores the accomplishments of the most recent WRCs, while addressing concerns that the WRC process is slow and outdated. First, the Author argues that the WRC provides an international forum to maximize the global harmonization of the radiocommunications spectrum resource. Second, the Author posits that the WRC decision-making process creates technical and operational certainty for new and existing users. …

A Losing Battle For All Sides: The Sad State Of Spectrum Management, Gregory L. Rosston

Federal Communications Law Journal

Spectrum Wars: The Policy and Technology Debate, Jennifer A. Manner, Boston: Artech House, 2003, 186 pages.

A review of Spectrum Wars: The Policy and Technology Debate by Jennifer A. Manner. In this 2003 publication, the author goes a level further than most spectrum analyses do, by attempting to integrate the complex relationship between domestic spectrum policy and international spectrum concerns. Spectrum Wars can be divided into three major parts: a deep background of the institutional detail of the frequency management process, a description of the tensions between different theories on how to change spectrum management, and finally, a view about …

Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton

Federal Communications Law Journal

The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …

Masthead Vol.56 No.2 (2004)

Federal Communications Law Journal

No abstract provided.

Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, Madeleine Severin

Cardozo Law Review

No abstract provided.

The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig

ExpressO

After years of legal maneuvering and courtroom skirmishes, the lines in the war between copyright holders and online copyright infringers have been clearly drawn. This conflict, which is poised to erupt in courts across the country, began decades ago with the birth of the Internet, which gave rise to a previously unparalleled opportunity for the dissemination, sharing, and enjoyment of every conceivable form of human expression. In addition to the benefits it has provided, the Internet also has given rise to copyright infringement on a global scale through the unauthorized posting and sharing of digital files. After years of unsuccessfully …

Who Owns The 'First Rough Draft Of History'? Reconsidering Copyright In News, Eric B. Easton

ExpressO

Who Owns the ‘First Rough Draft of History’? suggests the withdrawal of copyright protection from hard-news journalism as a mechanism for “rescuing” the news from the inexorable downward spiral in quality and diversity caused by excessive media concentration. Although copyright represents just one of the factors contributing to the “commodification” of news today, it is a significant factor, and one with a long, unsavory relationship with censorship and monopoly.

The article asserts that newspapers’ quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based ethos, and that removing protection may mark a …

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

PIJIP Faculty Scholarship

In one of his first speeches soon after being sworn in as a commissioner of the Federal Communications Commission, Michael Powell bemoaned the lack of an angel's visit to give him a clearer understanding of the guiding standard in broadcast regulation - the public interest. Without a clear message as to the public interest, he declared the standard too vague.

Five years later, and now serving as Chairman, Powell leads the charge for even further deregulation of the already deregulated broadcast industry. The most recent FCC decision relaxed a wide range of media ownership regulations remaining on the books and …

Keynote Address: Regulating Media Competition: The Development And Implications Of The Fcc's New Broadcast Ownership Rules, Susan Ness

American University Law Review

No abstract provided.

Biographies Of Symposium Participants

American University Law Review

No abstract provided.

Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman

American University Law Review

No abstract provided.

The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger

American University Law Review

No abstract provided.

Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review

American University Law Review

No abstract provided.

Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza

American University Law Review

No abstract provided.

The Politics And Policy Of Media Ownership, Ben Scott

American University Law Review

No abstract provided.

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

American University Law Review

No abstract provided.

Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest

American University Law Review

No abstract provided.

Are You Still Settling For Cable? A Case For Broader Application Of The Fcc’S Over-The-Air Reception Devices Rule, Lavonda N. Reed-Huff

UC Law SF Communications and Entertainment Journal

Many renters in the United States have no choice when it comes to selecting a video or communications service provider for their residence, due to their inability to install satellite dishes on their rental property. Because of this lack of choice, many must rely on traditional broadcast television, cable service and traditional telephone dial-up for receiving video programming and accessing advanced technologies such as the Internet. Others simply go without service altogether. While the FCC has attempted to address this problem, the rule they have promulgated, known as the "OTARD Rule," fails to go far enough to make video and …