Communications Law Commons^™

Facebook And Social Networks: The Government’S Newest Playground For Information And The Laws That Haven’T Quite Kept Pace, Danielle Levine

UC Law SF Communications and Entertainment Journal

With the rise of social networking sites such as Facebook, individuals are sharing information about themselves at alarming rates. With such copious amounts of personal information on the Internet, it is unsurprising that the government is using social networking sites to gain access to data for use in criminal investigations and prosecutions. This paper examines the ways in which social networking sites and the government's search for information collide. Part I looks at Facebook and discusses the ways the government has used Facebook and similar social networking sites in its investigations. Part II outlines the statutory framework through which the …

Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, Shelly Rosenfeld

UC Law SF Communications and Entertainment Journal

Cyberbullying became a major news story after a MySpace message took a deadly toll on a teenager. This paper examines how injurious speech case law in traditional print and broadcast media balances protecting victims who suffer emotional or physical harm while still preserving publisher's First Amendment rights. These cases provide a framework within which the injurious speech jurisprudence can be applied to emerging forms of communication, including the Internet.

By exploring the injurious speech cases from broadcast and print, this Note deals with the following issues: Can a public figure sue the press for intentionally inflicting emotional distress? What are …

Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, Rob Frieden

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission desires to apply a single regulatory category to services and service providers, a process the Commission can achieve when ventures concentrate on one function and offer one readily identifiable service, such as telephony. However, technological convergence, digitization and the ability of the Internet to handle many different service types within a single bitstream now make it possible for companies to offer "quadruple play" bundles of wireless and wireline telephony, video, and Internet access services. Following Comcast Corp. v. FCC, the FCC must rethink how to best serve the public interest and safeguard consumers. Absent a legislative …

The Parents Television Council Uncensored: An Inside Look At The Watchdog Of The Public Airwaves And The War On Indecency With Its President, Tim Winter, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

This article addresses the Federal Communication Commission's ("FCC") controversial and contested regulation of indecency on the broadcast airwaves. It pivots on an exclusive in-person interview conducted by the authors in Los Angeles in June 2010 with Tim Winter, president of the Parents Television Council ("PTC"). The PTC is perhaps the most vociferous-and controversial-public watchdog on broadcast indecency, with its members filing thousands and thousands of indecency complaints with the FCC each year. The article is especially timely because, in July 2010, the U.S. Court of Appeals for the Second Circuit in Fox Television Stations v. FCC declared the FCC's indecency …

All Your Face Are Belong To Us: Protecting Celebrity Images In Hyper-Realistic Video Games, Krista Correa

UC Law SF Communications and Entertainment Journal

As the law is currently structured, there is no clear protection for a celebrity who is personally offended (but not financially harmed) by another party's use of that celebrity's image. This lack of clarity is particularly problematic today due to the hyperrealism of nextgeneration video games. This article begins with a review of the legal rights and remedies currently available to a celebrity whose face or image is used by a game developer without the celebrity's consent. Part II of the article considers whether the current regime provides sufficient protection, while Part III turns to other sources of law and …

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …

Busting Blocks: Revisiting 47 U.S.C. §230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor

Scholarly Works

This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, with a specific focus on block lists and automated spam filters, and describes how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes some possible claims under U.S. law, then argues for a revision to current statutes to mandate a higher …

Teacher Cell Phone Searches In Light Of Ontario V. Quon, Joseph O. Oluwole

Richmond Journal of Law & Technology

Technological innovations permeate almost every inch of society. From the government and corporate workforce to family and social settings, technology seemingly knows no boundaries. Technology’s limitless reach has even crossed into the realm of public schools, where, according to teacher Lyn Newton, “[s]chool principals are witnessing more and more cell phone use by their teachers.” Teachers, like other cell phone users, use cell phones not only for making phone calls, but also for taking pictures and texting, which has landed some teachers in trouble for inappropriate communications. Indeed, the sexting wave has not eluded teachers.

Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi

Articles

No abstract provided.

Community As A Redistricting Principle: Consulting Media Markets In Drawing District Lines, Jason C. Miller

Indiana Law Journal

With the 2011 redistricting process poised to commence across the country, debates are raging as to who should draw district lines, how to keep those individuals from drawing them for partisan advantage, and the best way to draw minority districts. This paper addresses the largely overlooked area of media markets. Districts drawn to conform with media markets experience higher voter turnout. Moreover, linking a city and its economically-connected suburbs together is simply common sense. Discussing the impact of district conformity, or lack thereof, with media market boundaries on campaign strategy, news reporting, voter participation, grassroots organizing, and candidate recruitment, this …

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Political Satire And Political News: Entertaining, Accidentally Reporting Or Both? The Case Of The Daily Show With Jon Stewart (Tds), Dana Neacsu

Law Faculty Publications

For the last decade, The Daily Show with Jon Stewart (TDS), a (Comedy Central) cable comedy show, has been increasingly seen as an informative, new, even revolutionary, form of journalism. A substantial body of literature appeared, adopting this view. On closer inspection, it became clear that this view was tenable only in specific circumstances. It assumed that the comedic structure of the show, TDS' primary text, promoted cognitive polysemy, a textual ambiguity which encouraged critical inquiry, and that TDS' audiences perceived it accordingly. As a result I analyzed, through a dual - encoding/decoding - analytical approach, whether TDS' comedic discourse …

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar

NYLS Law Review

No abstract provided.

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.

Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang

NYLS Law Review

No abstract provided.

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.

The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag

NYLS Law Review

No abstract provided.

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.

Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez

NYLS Law Review

No abstract provided.

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.

Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Culture, Creativity, & Copyright, David A. Simon

Cardozo Arts & Entertainment Law Journal

Recent literature in copyright law has attacked the traditional theory that economic incentives motivate people to create. Although the onslaught of criticism has come from different directions, it all shares a similar goal. to move copyright law in a direction that reflects actual creative processes and motivations. This Article adds to and diverts from these accounts, arguing that creativity may be a product of memes: units of culture, analogous to genes, that replicate by human imitation.

A memetic theory of creativity focuses on memes as the reference point for thinking about creativity. Under this view, the creator is a brain …

The Difficult With Regulating Network Neutrality, Eric Null

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?, Jeena Moon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla

Cardozo Arts & Entertainment Law Journal

No abstract provided.

How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney

Articles, Book Chapters, & Popular Press

If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …