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Communications Law Commons™

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2005

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Institution
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Articles 91 - 105 of 105

Full-Text Articles in Communications Law

Military Spying In The United States: When It Is Not Your Neighbor Knocking At Your Door, Where Do You Turn?, Miriam Schneider Jan 2005

Military Spying In The United States: When It Is Not Your Neighbor Knocking At Your Door, Where Do You Turn?, Miriam Schneider

Cardozo Journal of Conflict Resolution

This Note will describe the role of the military in the United States and its relationship to privacy rights. Part I of this Note will describe the historical underpinnings that led to a limited role for the military within the United States territory, beyond defending against attack. Part II will describe the expectations by the courts and legislature for the military. In addition, it will illustrate instances where the military, along with numerous federal agencies, overstepped its traditional, constitutional and legal bounds. Part III will offer the legislature's response to, and its subsequent regulation of, the military and other federal …

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Reparations Talk In College, Alfred L. Brophy Jan 2005

Reparations Talk In College, Alfred L. Brophy

Michigan Journal of Race and Law

Review of Uncivil Wars: The Controversy Over Reparations for Slavery by David Horowitz

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Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth Katkin Jan 2005

Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth Katkin

Vanderbilt Journal of Transnational Law

In 1971, eighty-five nations (including the United States) formed the International Telecommunications Satellite Organization (INTELSAT), a public intergovernmental treaty organization. INTELSAT was charged with operating the world's first global telecommunications satellite system, to guarantee the interconnectedness of the world's communications systems and the availability of international telecommunications service to every nation on earth. By the late 1980s, however, INTELSAT's operations began to experience substantial competition from the private sector. In 2000, the proliferation of privately-owned telecommunications satellites and transoceanic fiber-optic cables led the U.S. Congress to mandate the privatization of INTELSAT. That privatization process began in 2001, and was substantially …

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Whose Idea Is It Anyway? Protecting Idea Purveyors And Media Producers After Grosso V. Miramax, Aileen Brophy Jan 2005

Whose Idea Is It Anyway? Protecting Idea Purveyors And Media Producers After Grosso V. Miramax, Aileen Brophy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs Jan 2005

Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.

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A "Quizzical" Look Into The Need For Reality Television Show Regulation, Tara Brenner Jan 2005

A "Quizzical" Look Into The Need For Reality Television Show Regulation, Tara Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel Jan 2005

Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel

Cardozo Arts & Entertainment Law Journal

Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion as applied by courts, most notably designated two classes of excluded areas: "private" places in which the individual can expect to be free from intrusion, and "non-private" places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held, almost uniformly, that the tort of intrusion could not occur in a public place or in a place …

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A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds Jan 2005

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas Jan 2005

Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Protecting The Future: A Strategy For Creating Laws Not Constrained By Technological Obsolescence, Jay Campbell Jan 2005

Protecting The Future: A Strategy For Creating Laws Not Constrained By Technological Obsolescence, Jay Campbell

Vanderbilt Journal of Entertainment & Technology Law

This note will examine the obsolescence of laws through the lens of recent cases relating to "wiretapping laws" and propose the creation of laws that protect certain rights independent of technology. Recently, a number of courts have held that laws created in the mid-1980's to protect communications do not apply to Internet-related communications, reasoning that the method of transmission falls outside the language of the statutes. As a result, e-mail and other forms of Internet-based communications are treated differently from older forms of communication such as telephone conversations. This note will propose a broad legislative solution with the aim of …

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Fcc’S Crackdown On Broadcast Indecency, Michael Botein Jan 2005

Fcc’S Crackdown On Broadcast Indecency, Michael Botein

Other Publications

No abstract provided.

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Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski Jan 2005

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski

Articles

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.

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Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris Jan 2005

Voice Over Internet Protocol And The Wiretap Act: Is Your Conversation Protected?, Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris

Seattle University Law Review

10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the …

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The Une Anticommons: Why The 1996 Telecom Reforms Blocked Innovation And Investment, Michael A. Heller Jan 2005

The Une Anticommons: Why The 1996 Telecom Reforms Blocked Innovation And Investment, Michael A. Heller

Faculty Scholarship

The United States is losing its competitive edge in telecommunications partly because of FCC mistakes in fragmenting property rights in, and in the regulatory oversight of local telephone facilities and services. As with postsocialist transition, reformers created a "tragedy of the anticommons" in which too many owners and regulators each can block the others' investments and all players forego innovation. By forcing existing companies to unbundle network elements (UNEs) and sell them too cheaply, the FCC has created an industry where the players cannibalize the legacy network, divert resources to regulatory arbitrage, and have little incentive for bold new investments.

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The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley Jan 2005

The Promise Of Internet Intermediary Liability, Ronald J. Mann, Seth R. Belzley

Faculty Scholarship

The Internet has transformed the economics of communication, creating a spirited debate about the proper role of federal, state, and international governments in regulating conduct related to the Internet. Many argue that Internet communications should be entirely self-regulated because such communications cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around Internet communications, based largely on the unexamined view that Internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, some kinds of activity that the Internet facilitates undisputedly violate widely shared …

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