Communications Law Commons^™

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

ExpressO

In 1971, 85 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, in order 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, …

Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle

ExpressO

This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …

Cyberspace Cartography: The Case Of On-Line Territorial Privacy, Daniel Benoliel

ExpressO

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 …

Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman

ExpressO

No abstract provided.

Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons

ExpressO

Unlike Dr. Bowdler, who republished the works of Shakespeare with the naughty bits removed, the modern digital Bowdlerizer deletes offensive content from digital works in a variety of ways. This Essay will analyze the technologies used by the modern Bowdlerizer to determine when, if, and which technologies make copies in violation of the copyright owner’s § 106(1) right to control reproduction or make derivative copies of a preexisting work that may infringe the copyright owner’s 17 U.S.C. § 106(2) right to authorize the creation of derivative works. These technologies not only support militant prudery, but they also may add new …

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 …

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.

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 …

Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein

Articles

The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.

Telecommunications In The Twenty-First Century: Global Perspectives On Community And Diaspora Among Netcitizens, Madeleine M. Plasencia

Articles

The Internet brings heady communications opportunities to those who have access to the Internet. Yet, mounting evidence has proven that a gap or divide exists on Internet usage and access. The divide exists within the United States and, increasingly, on a global basis. Part I of this Article introduces the term "digital divide" and explores the deployment of advanced telecommunications in the United States. Part II traces patterns of access to the Internet based on race and income and subordinates the statistical evidence to the realities of lack of access, and lends a human face to contextualize the real losses …

News Media Coverage Of The United States Supreme Court, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

Articles

The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Ideology Between Fiction And Fantasy, Slavoj Zizek

Cardozo Law Review

In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine

Cardozo Law Review

No abstract provided.

Defending The "Time Culture": The Public And Private Interests Of Media Corporations, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Part I of this essay discusses the “public interest” standard under the Federal Communications Act and describes parallels in corporation doctrine. Part II considers whether broadcasters satisfy their public interest obligations by addressing audience interest. Part III discusses the prerogatives of the management of the corporate broadcaster to consider non-financial factors in selecting programming. Part IV describes the non-traditional philosophy of the corporation's legitimate object, which led to the subject case. Part V discusses the central legal issues of the cognizable business interests of corporations. Finally, the Conclusion offers a view on desirable public interest objectives of media corporations.

Self-Censorship By Media Industries, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz

Cardozo Law Review

No abstract provided.

Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson

Cardozo Law Review

No abstract provided.

The Supreme Court’S Public Forum Doctrine And The Return Of Formalism, Keith Werhan

Cardozo Law Review

No abstract provided.

Electrifying The First Amendment, Mark S. Nadel

Cardozo Law Review

No abstract provided.

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.

Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale

Cardozo Law Review

No abstract provided.