Communications Law Commons^™

Fighting Telemarketing Scams, Hebe R. Smythe

UC Law SF Communications and Entertainment Journal

Interstate telemarketing fraud has become an increasing problem in recent years. Unscrupulous telephone sellers victimize all segments of society, costing consumers tens of billions of dollars each year. Moreover, the costs of this type of fraud extend beyond consumers to credit card companies, banks, and legitimate telemarketers. Most of these con artists are never caught, however, because gaps in enforcement permit them to operate undetected and unprosecuted, and because sanctions against them are often impossible to enforce. This Note discusses the scope of the telemarketing fraud problem, analyzes the limitations of current detection, prosecution, and enforcement mechanisms, and proposes national …

Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu

UC Law SF Communications and Entertainment Journal

This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.

The Rise And Fall Of The Fcc's Financial Interest And Syndication Rules, Christopher J. Pepe

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The 1992 Cable Act And The First Amendment: What Must, Must Not, And May Be Carried, Gary S. Lutzker

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Must Carry And The Courts: Bleak House, The Sequel, Nick Allard

Faculty Scholarship

No abstract provided.

Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fostering Development Of Advanced Telecommunications Technologies: The F.C.C., The Pioneer's Preference & Personal Communications Services, John Friedman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Role Of The Copyright Office In The Age Of Information, Eric Schwartz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic

Seattle University Law Review

This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the …

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

A Law Antecedent And Paramount, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The Future Of Communications Policymaking, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Letters Of Welcome, Bill Clinton

Federal Communications Law Journal

No abstract provided.

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

Letters Of Welcome, Evan Bayh

Federal Communications Law Journal

No abstract provided.

Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall

Federal Communications Law Journal

Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

Masthead Vol.46 No.1 (1993)

Federal Communications Law Journal

No abstract provided.

Article Digest

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

Editor's Note, Thomas E. Deer

Federal Communications Law Journal

No abstract provided.

Reinventing Rate Regulation, Nicholas W. Allard

Federal Communications Law Journal

One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …

Telecommunications Competition In Florida: A Look At House Bill 1531, Marc W. Dunbar

Florida State University Law Review

No abstract provided.

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.

Communications Policy Making, Competition, And The Public Interest: The New Dialogue, Fred H. Cate

Indiana Law Journal

No abstract provided.

Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner

University of Michigan Journal of Law Reform

This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …