Communications Law Commons^™

Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper

UIC Law Review

No abstract provided.

Authors And Readers: Conceptualizing Authorship In Copyright Law, Alina Ng

UC Law SF Communications and Entertainment Journal

Copyright law recognizes authors as the first owners of copyright. However, there is paucity in literature in copyright analysis of the author and the rights which should be granted by virtue of the very act of creativity in the production of literary and artistic works. This indicates insufficient attention paid to a concept that is so central to a law that primarily aims to encourage authorship for society's benefit. The idea of the author and authorship as a creative process is central to copyright analysis. Deeper analysis of the author and creative authorship will provide insights into how the law …

Greenberg V. National Geographic Society: The Eleventh Circuit Clarifies The Privileged Revision Doctrine Of The Copyright Act, Joseph Siprut

UC Law SF Communications and Entertainment Journal

This case comment discusses the landmark decision of the Eleventh Circuit, Greenberg v. National Geographic Society, in which the court clarified the privileged revision doctrine of the Copyright Act. This case comment specifically discusses the many implications resulting from this decision and navigates the reader through the current doctrinal landscape pertaining to privileged revisions of published works under Section 201(c) of the Copyright Act. Unlike existing commentary pieces announcing the result of this case, this piece examines the underlying legal doctrines and complicated procedural backstory to the case because of the extensive research gathered from copies of unpublished opinions and …

Keeping The Internet Neutral: Net Neutrality And Its Role In Protecting Political Expression On The Internet, Jennifer L. Newman

UC Law SF Communications and Entertainment Journal

In Buckley v. Valeo, the Supreme Court found that discussion of public issues and debate on the qualifications of candidates is essential to the operation of the U.S. government. The Internet has become an important medium of political communication and this can arguably be attributed to its open nature and the large amount of control afforded to its users in selecting content. This note suggests that Congress must create proper regulations to ensure protection of political expression on the Internet. While discussing the two competing lobbying campaigns, net neutrality and net competition, this note ultimately promotes legislation currently pending in …

Social Networking And Sexual Predators: The Case For Self-Regulation, Sander J. C. Van Der Heide

UC Law SF Communications and Entertainment Journal

The proliferation of social networking as a means of communicating and organizing online social relationships has created fora for sexual predation, cyberbullying, and harassment. Increasingly, minors are joining social networks, like MySpace and Facebook, which raise several legal and moral issues regarding the obligations and duties social networking sites have to their users. This note provides a history of social networking sites and the dangers associated with their use. After examining various common law and statutory attempts to regulate social networking sites, this note concludes that because of immunity under the Communications Decency Act and the impractibility of regulating the …

Taking Safety Seriously: Using Liberalism To Fight Pornography, John M. Kang

Michigan Journal of Gender & Law

Liberalism, as a jurisprudential principle, need not be pornography's indifferent observer or spineless sycophant; liberalism can be used to fight pornography. In this Article, the author proposes to illuminate what appears to be the most essential aspect of liberalism in its inviolable dedication to peace and safety. By drawing upon the work of the early liberals, the author argues that liberalism's most basic ethos is conceptually incompatible with pornography, as the latter celebrates an unjustified form of violence as its own end.

A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel

Michigan Telecommunications & Technology Law Review

The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …

When Mobile Phones Are Rfid-Equipped - Finding E.U.-U.S. Solutions To Protect Consumer Privacy And Facilitate Mobile Commerce, Nancy J. King

Michigan Telecommunications & Technology Law Review

New mobile phones have been designed to include delivery of mobile advertising and other useful location-based services, but have they also been designed to protect consumers' privacy? One of the key enabling technologies for these new types of phones and new mobile services is Radio Frequency Identification (RFID), a wireless communication technology that enables the unique identification of tagged objects. In the case of RFID-enabled mobile phones, the personal nature of the devices makes it very likely that, by locating a phone, businesses will also be able to locate its owner. Consumers are currently testing new RFID-enabled phones around the …

Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi

Articles

No abstract provided.

Myspace Is Also Their Space: Ideas For Keeping Children Safe From Sexual Predators On Social-Networking Sites, Susan Hanley Duncan

Kentucky Law Journal

No abstract provided.

Reasonable Foreseeability In Information Security Law: A Forensic Analysis, Meiring De Villiers

UC Law SF Communications and Entertainment Journal

Businesses, non-profit organizations and government agencies regularly compile and maintain electronic databases of information about individuals who interact with these institutions. This article presents an analysis of civil liability for failure to safeguard confidential information. It focuses on the situation where a database owner failed to patch a computer security vulnerability which facilitated compromise of sensitive information. In a civil action against a database owner, foreseeability of exploitation of the vulnerability at issue is a key element of the liability analysis. The article provides judicial decision makers with the theoretical basis and a practical methodology to make an informed and …

Spam Works: Evidence From Stock Touts And Corresponding Market Activity, Laura Frieder, Jonathan Zittrain

UC Law SF Communications and Entertainment Journal

We assess the impact of spain that touts stocks upon the trading activity of those stocks and sketch how profitable such spamming might be for spammers and how harmful it is to those who heed advice in stock-touting e-mails. We find convincing evidence that stock prices are being manipulated through spam. We suggest that the effectiveness of spamrnmed stock touting calls into question prevailing models of securities regulation that rely principally on the proper labeling of information and disclosure of conflicts of interest as means of protecting consumers, and we propose several regulatory and industry interventions.

Based on a large …

The Federal Communications Commission And The Nsa Call Database: The Duty To Investigate, Alan J. Chang

UC Law SF Communications and Entertainment Journal

In May of 2006, news broke out across the United States that the National Security Agency had compiled a call record database that consisted of numerous American consumers' private phone records. The NSA apparently obtained this data directly from four of the nation's largest phone providers at the time: AT&T, BellSouth, Verizon, and SBC. Although Congress called for an FCC investigation as to whether or not these phone companies broke the law, the Commission ultimately refused to involve itself in the matter despite the potentially immense breach of consumer privacy involved. Based on the minimal precedent to have covered this …

The Taming Of The Internet: A New Approach Third-Party Internet Defamation, Amanda Groover Hyland

UC Law SF Communications and Entertainment Journal

This article examines the liability of interactive Internet forum operators for defamatory statements written by third parties. It discusses Section 230 of the Communications Decency Act and how the courts have applied it to third-party Internet defamation. The article concludes that the courts' various approaches fail to adequately protect the various interests involved, as immunizing distributors fails to adequately protect defamation victims, and notice-based liability fails to adequately protect free expression on the web. Policy challenges and the constitutional foundations of libel law should be jointly considered to create a new test to evaluate liability for third-party libel on the …

Get Ready Cause Here They Come: A Look At Problems On The Horizon For Authorship And Termination Rights In Sound Recordings, Abbott Marie Jones

UC Law SF Communications and Entertainment Journal

Record companies have long included language in standard recording contracts declaring all sound recordings made by the artist works made for hire. Contractual provisions alone, however, will not be enough to confer work-for-hire status on sound recordings. Thus, record companies also require that artists assign some or all of their copyrights in the recordings to the record company. Beginning in 2013, authors of sound recordings will have the opportunity to exercise their right to terminate and renegotiate those assignments, their bargaining power increased by years of success in the music industry. Whether sound recordings will in fact be considered works …

The Four Eras Of Fcc Public Interest Regulation, Lili Levi

Articles

No abstract provided.

Network Neutrality And The False Promise Of Zero-Price Regulation, C. Scott Hemphill

Center for Contract and Economic Organization

This Article examines zero-price regulation, the major distinguishing feature of many modern "network neutrality" proposals. A zero-price rule prohibits a broadband Internet access provider from charging an application or content provider (collectively, "content provider") to send information to consumers. The Article differentiates two access provider strategies thought to justify a zero-price rule. Exclusion is anticompetitive behavior that harms a content provider to favor its rival. Extraction is a toll imposed upon content providers to raise revenue. Neither strategy raises policy concerns that justify implementation of a broad zero-price rule. First, there is no economic exclusion argument that justifies the zero-price …

Hidden Costs Of The Wireless Broadband Lifestyle: Comparing Consumer Protections In The United States, Canada, And The European Union, Renee Dopplick

Richmond Journal of Law & Technology

Spurred by relatively inexpensive and widely available retail equipment and increased residential Internet penetration, consumer demand for more wireless broadband options continues at a rapid rate. Now, with consumers increasingly looking for mobile Internet interconnectivity over greater distances and with greater flexibility, technology companies are pushing the next generation of wireless broadband technologies with the promise of freeing consumers from location-based Internet access. These newer technologies can provide robust video and audio capabilities, such as digital television, on-demand video, and VoIP on a variety of digital devices. Yet, the rise of wireless

broadband networks and the roll-out of new technologies …

Telemarketers Gone Mobile: The Telephone Consumer Protection Act Of 1991 And Unsolicited Commercial Text Messages, J. Wesley Harned

Kentucky Law Journal

No abstract provided.

Bridging The Digital Divide: Improving Broadband Access For Rural Americans, Brian Witkowski

Public Interest Law Reporter

No abstract provided.

Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield

Publications

No abstract provided.

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

Privacy, Visibility, Transparency, And Exposure, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay considers the relationship between privacy and visibility in the networked information age. Visibility is an important determinant of harm to privacy, but a persistent tendency to conceptualize privacy harms and expectations in terms of visibility has created two problems. First, focusing on visibility diminishes the salience and obscures the operation of nonvisual mechanisms designed to render individual identity, behavior, and preferences transparent to third parties. The metaphoric mapping to visibility suggests that surveillance is simply passive observation, rather than the active production of categories, narratives, and, norms. Second, even a broader conception of privacy harms as a function …

Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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

Articles & Chapters

No abstract provided.

Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian

Cardozo Journal of Conflict Resolution

The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.

Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lobbying Is An Honorable Profession: The Right To Petition And The Competition To Be Right, Nick Allard

Faculty Scholarship

No abstract provided.

Paparazzi/Blogger Face-Off: Opportunity Knocking For A Fair Use Limit?, Eaton O'Neill

Cardozo Arts & Entertainment Law Journal

No abstract provided.