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Communications Law Commons

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2015

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Articles 1 - 30 of 87

Full-Text Articles in Communications Law

Table Of Contents Dec 2015

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Masthead Dec 2015

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia Dec 2015

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler Dec 2015

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.


Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore Dec 2015

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.


Radio Kol Baramah V. Kolech – Religious Women’S Forum, Yoram Danziger, Daphne Barak-Erez, Esther Hayut Dec 2015

Radio Kol Baramah V. Kolech – Religious Women’S Forum, Yoram Danziger, Daphne Barak-Erez, Esther Hayut

Translated Opinions

The District Court certified the application of Kolech – Religious Women’s Forum Organization (hereinafter: Kolech) to bring a class action against the radio station Kol BaRamah Ltd. (hereinafter: the radio station), holding that the declared policy adopted by the radio station in the years 2009-2011, whereby women could not be heard on the station’s broadcasts, constituted prohibited discrimination under the Prohibition against Discrimination in Products, Services and Entry to Places of Entertainment and Public Places Law, 5761-2000 (hereinafter: Prohibition against Discrimination Law). (It should be noted that the change in the management of the radio station as of the year …


Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn Oct 2015

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …


For Whom The Data Tolls: A Reunified Theory Of Fourth And Fifth Amendment Jurisprudence, Bryan H. Choi Oct 2015

For Whom The Data Tolls: A Reunified Theory Of Fourth And Fifth Amendment Jurisprudence, Bryan H. Choi

Cardozo Law Review

Data privacy demands a reunified theory of the Fourth and Fifth Amendments. Data technologies allow personal information to be disembodied from physical bodies and "possessed" simultaneously by both first persons and third parties. As a result, the government has been able to use a divide-and-conquer strategy to obtain incriminating evidence alternately from the data intermediary or from the suspect.

Currently, Fourth Amendment doctrine and Fifth Amendment doctrine work at cross-purposes. The privacy community has already sounded the alarm on the "third-party doctrine," which allows the government to sidestep the Fourth Amendment when demanding evidence from third parties. But few have …


Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law Sep 2015

Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The 4th Annual Professor Anthony J. Santoro Business Law Lecture Series: Consumer Protection In The Broadband Era: The Role Of The Fcc, Roger Williams University School Of Law Sep 2015

The 4th Annual Professor Anthony J. Santoro Business Law Lecture Series: Consumer Protection In The Broadband Era: The Role Of The Fcc, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance, Kayla Robinson Aug 2015

Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance, Kayla Robinson

Cardozo Law Review

No abstract provided.


Deregulation Of Telephone Services In Ohio, Frank P. Darr Jul 2015

Deregulation Of Telephone Services In Ohio, Frank P. Darr

Akron Law Review

Part I reviews the market changes that exist and which, in part, drive the regulatory changes and have emerged because of them. Parts II and III establish the basic regulatory schemes that existed prior and subsequent to divestiture and deregulation at the federal level. Part IV sets out the Ohio regulatory structure which previously controlled the actions of the Ohio commission. Parts V and VI then address the response of the Ohio commission and supreme court to the changes at the federal level and note some potential institutional barriers to deregulation. Part VII introduces the legislative response to deregulation, House …


Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter Jul 2015

Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter

Indiana Law Journal

This Note will give an in-depth review of the legality and policy implications of Verizon’s lengthy certification process. Part I will give a short background of the time leading up to Verizon’s purchase of the C-Block. It will then review the actual rules of the agreement between Verizon and the FCC at the time of the purchase, as well as the pertinent history following the purchase. Part II will analyze whether Verizon’s lengthy certification process violates the C-Block rules or the general spirit of Verizon’s agreement to abide by the rules. Part III will then argue that, even if Verizon’s …


Towards An Internet Bill Of Rights, Giovanna De Minico Jul 2015

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg Jun 2015

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky May 2015

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of …


Masthead May 2015

Masthead

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani May 2015

Going Dark: Scratching The Surface Of Government Surveillance, Abdulmajeed Alhogbani

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers May 2015

Data Roaming Regulation: The Commercially Reasonable Standard And Its Increasing Need For Clarity, Lucas Childers

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane May 2015

Printing A War In Three Dimensions: Expanding "Article" To Include Electronic Transmissions Before The Itc, Daniel T. Kane

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Selected Docket And Legislative Summaries May 2015

Selected Docket And Legislative Summaries

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin May 2015

Net Neutrality At 10+; National Broadband Plan At 5; Civic Internet Of Things At Birth: Lessons In Government Action In A Changing Landscape, Blair Levin

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester May 2015

Lost In Translation: The Case For The Addition Of A Directness Test In Online True Threat Analysis, Megan Chester

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, Aalok Mehta, J. Armand Musey, Cfa, Jd/Mba May 2015

Overestimating Wireless Demand: Policy And Investment Implications Of Upward Bias In Mobile Data Forecasts, Aalok Mehta, J. Armand Musey, Cfa, Jd/Mba

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Universal Service In An All-Ip World, Jodie Griffin May 2015

Universal Service In An All-Ip World, Jodie Griffin

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

For more than 100 years, the United States has used a variety of policy tools to encourage and ensure ubiquitous, affordable basic communications service. Universal and accessible communications services have been the foundation upon which our economy, personal communications, and civic participation depend. The laws and rules used to achieve universal service, however, have evolved with new technologies and markets and now, as the network is in the midst of several new technology transitions, the question of how to achieve and measure universal service arises again.

This article examines the basic question of what the “basic service” is in today’s …


The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn Apr 2015

The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.


Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson Apr 2015

Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson

Georgia Journal of International & Comparative Law

No abstract provided.


Worker Collective Action In The Digital Age, Jeffrey M. Hirsch Apr 2015

Worker Collective Action In The Digital Age, Jeffrey M. Hirsch

West Virginia Law Review

No abstract provided.