Communications Law Commons^™

Needed: More Than A Paper Shield, Sandra Davidson, David Herrera

William & Mary Bill of Rights Journal

No abstract provided.

Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming

Indiana Law Journal

No abstract provided.

Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose

Cardozo Law Review

No abstract provided.

Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert

Federal Communications Law Journal

More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …

Is It Time To Recreate The E-Rate Program?, Lynne Holt, Mary Galligan

Federal Communications Law Journal

The Schools and Libraries program, commonly known as the "E-rate" program, was created by the FCC in 1997, as authorized by the federal Telecommunications Act of 1996. The E-rate program provides eligible schools and libraries with discounts of 20 to 90 percent from the rates charged by providers of telecommunications services, Internet access, and internal network connections. These discounts are paid from the federal Universal Service Fund under the regulatory oversight of the FCC. The FCC has modified certain aspects of the program since its inception but has not modified its highest programmatic funding priorities-support for telecommunications and Internet access. …

Editor's Note, Sarah L. Kellogg

Federal Communications Law Journal

No abstract provided.

Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw

Federal Communications Law Journal

The notion that broadcasters must broadcast in the public interest has always been a requirement; exactly how this requirement is met has taken many forms. This Note examines the history of the public interest requirement in broadcasting-from vagueness to regulation to good faith and presumptions of compliance-and considers the appropriate direction for the public interest requirement's future. The deregulation of the 1980s served a valuable purpose at the time by lifting burdens and sparking innovation. It is time to examine those innovative methods of ascertaining the needs of our communities and providing desired programming, in order to determine ways in …

From Betamax To Youtube: How Sony Corporation Of America V. Universal City Studios, Inc. Could Still Be A Standard For New Technology, Veronica Corsaro

Federal Communications Law Journal

Internet technological innovations, particularly the development of Peer-to-Peer ("P2P") networks and the proliferation of user-generated content sites, have introduced considerable challenges for the application of copyright law and infringement liability. The response from the courts and Congress has been mixed, with severe legal curtails being applied to P2P technology while usergenerated content sites have been afforded a level of protection against infringement claims as part of the Digital Millennium Copyright Act's section 512 "safe harbor" provisions. However, these provisions have raised concerns about the issue of secondary copyright liability, a matter that has still been left undefined. This Note will …

Masthead Vol.64 No.2 (2012)

Federal Communications Law Journal

No abstract provided.

Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer

Federal Communications Law Journal

The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its competitive assessment. The reports are silent on how to interpret this evidence. In contrast, modem antitrust analysis relies far more on direct evidence. In failing to put more weight on the relevant direct market evidence to reach an informed competitive assessment, the 14th and 15th reports invite erroneous conclusions about the state of competition in wireless markets. The authors are concerned that these erroneous conclusions eventually could adversely influence regulatory …

Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard

Federal Communications Law Journal

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …

Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson

Federal Communications Law Journal

This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his or her cellular phone that is much higher than expected, usually on account of roaming charges. This Note will argue in favor of rulemaking by the FCC and explain how the consumer will be empowered against the confusion of the current system.

Cyberbullying: What's The "Status" In England?, Krupa A. Patel

San Diego International Law Journal

This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …

Check-In, Attendees Of The Symposium

NJTIP Annual Symposium

Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium

Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr

Pepperdine Law Review

No abstract provided.

Privacy, Copyright, And Letters, Jeffrey L. Harrison

UF Law Faculty Publications

The focus of this Essay is the privacy of letters – the written manifestations of thoughts, intents, and the recollections of facts directed to a person or a narrowly defined audience. The importance of this privacy is captured in the novel Atonement by Ian McEwan and in the film based on the novel. The fulcrum from which the action springs is a letter that is read by someone to whom it was not addressed. The result is literally life-changing, even disastrous for a number of characters. One person dies, two people seemingly meant for each other are torn apart and …

Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin

University of Michigan Journal of Law Reform

This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

All Faculty Scholarship

In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan

All Faculty Scholarship

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …

Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern

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

No abstract provided.

Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans

Michigan Telecommunications & Technology Law Review

This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …

What If The Big Bad Wolf In All Those Fairy Tales Was Just Misunderstood?: Techniques For Maintaining Narrative Rationality While Altering Stock Stories That Are Harmful To Your Client’S Case, Jennifer Sheppard

UC Law SF Communications and Entertainment Journal

Cognitive researches have established that humans think in terms of stories and, consequently, are persuaded by stories. That means that lawyers must be wary of stock stories that effect how an audience views a given set of circumstances. When a stock story is so pervasive that it will not allow a lawyer to ignore it or a more favorable alternative story does not exist, a lawyer can present the client's story from an alternative perspective that will not evoke the embedded knowledge structures triggered by the unfavorable stock story. The lawyer can accomplish this by tinkering with the different threads …

Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming

UC Law SF Communications and Entertainment Journal

Major League Baseball has evolved over the years. What was once a game played by residents of small towns across the country is now a multibillion dollar industry with international ties and ever-expanding exposure. With this transformation, the needs of the game have changed and its place in the judicial framework is unsettled. Currently, there is a growing discrepancy between small-market and large-market Major League Baseball teams. In part, the first-year amateur draft often fails to steer the most talented players to the worst teams because of financial concerns surrounding signing rookies. Major League Baseball had the opportunity to fix …

Libel Capital No More? Reforming British Defamation Law, Stephen Bates

UC Law SF Communications and Entertainment Journal

London has long been known as the libel capital of the world. Through substantive law, expansive jurisdiction, and high litigation costs, the British courts strongly favor libel plaintiffs. Aspects of the system have come under increasing criticism from a variety of sources, including academics, nongovernmental organizations, the United Nations Human Rights Committee, the European Court of Human Rights, the British Ministry of Justice, and a committee of the House of Commons. In March 2011, the British government proposed far-reaching reforms. Four months later, however, new revelations emerged about phone-hacking by Rupert Murdoch's News of the World. As a consequence, the …

Parody Or Identity Theft: The High-Wire Act Of Digital Doppelgangers In California, Katharine Malone

UC Law SF Communications and Entertainment Journal

Several recent high-profile instances of cyberbullying and online impersonation have prompted state legislatures to take action against this real and growing problem. As part of this trend, California recently enacted Senate Bill 1411, which criminalizes "e-personation." At first glance, this statute looks perfectly reasonable: it is short, filled with good intentions, and merely applies existing harassment, intimidation and fraud laws to the relatively recent medium of the Internet. However, a thorough read reveals vague and overly broad language which could result in chilled political activism and free speech. This note analyzes the statute and attempts to provide some guidance on …

Privacy In Social Media: The Right Of Publicity, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

The increasing ubiquity of social media websites like Facebook and Twitter, has led to a growing concern regarding the right of privacy on the internet. The myriad of common law cases on the issue provide website operators (and their advertisers) with little or no clear direction as to what is and is not permitted. At the same time, as websites monetize using an advertising model, that monetization is colliding with privacy rights, specifically, the right of publicity. The right of publicity has been heavily litigated lately, in particular against Facebook as it attempts to monetize its massive user base. This …

Ambush Marketing: Dissecting The Discourse, Brian Lee Pelanda

UC Law SF Communications and Entertainment Journal

This article discusses the problematic discourse in which scholars and corporate complainants such as the International Olympic Committee have discussed the issue of ambush marketing. It argues that those who persistently complain about ambush marketing have wielded the term far too liberally, and thus a great deal of confusion exists between the generally accepted definition of ambush marketing and the reality of the circumstances surrounding the numerous marketing strategies that the term is commonly used to describe. While much of the current literature on the subject concludes that the existing state of the law in the United States is not …

“I Agreed To What?”: A Call For Enforcement Of Clarity In The Presentation Of Privacy Policies, David Thompson

UC Law SF Communications and Entertainment Journal

Though the federal government has enacted statutes regulating privacy policies in limited contexts, there is no generally applicable law governing the nature of privacy policies across all industries. In light of the ever-increasing prevalence of user data collection and the widespread failure of companies under the self-regulatory model to make their policies readable, of reasonable length, and placed in a noticeable location, I argue that such a regulation should be promulgated.

This note will address the difficulties of preserving one's privacy in the digital era, discuss common shortcomings of privacy policies, explore the negative consequences of these shortcomings, then analyze …

Dropped Calls: The Extent Of The Free Speech Guarantee To Wireless Communications Service, Candice Shin

UC Law SF Communications and Entertainment Journal

From former President Hosni Mubarak's final days as ruler of Egypt to the Bay Area Rapid Transit's response to the protests on August 11, 2011, governmental entities have increasingly responded to civil unrest by restricting or shutting down wireless communication networks to thrwart further coordination among civilian agitators. Whether BART itself faces another occasion in which to consider disabling its wireless infrastructure, future protests and threats to public safety in the United States are inevitable. To that end, Congress has considered bills that would grant the President the ability to essentially shut down the Internet, including the Protecting Cyberspace as …

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore

Scholarship and Professional Work - Communication

Commentators differ on whether a diminished constitutional status for profit-driven speech is consistent with free speech theory. Most recently, the Supreme Court of the United States in Citizens United v. Federal Election Commission largely embraced an unfettered marketplace approach for political speech financed by corporate treasuries. Given the harm a free market approach is said to have produced in the economic realm, is this approach useful for structuring the constitutional protection economic expression receives? This article discusses the placement of economic expression within First Amendment theory and contends that restrictions on economic speech should be aimed at combating deceptive economic …