Communications Law Commons^™

These Violent Delights Have Violent Ends: When Livestreaming Turns Deadly, Who Takes Responsibility?, Joseph Palumbo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

E-Regulation, Sharon Yadin

Cardozo Arts & Entertainment Law Journal

The new face of the regulatory state is digital. In this era of e-regulation, administrative agencies use social media, web platforms, and mobile applications for regulatory purposes. New forms of online communication now allow regulators to harness public opinion as an enforcement mechanism in such diverse areas as product safety, environmental protection, workplace injury prevention, customer satisfaction in financial services, child safety, restaurant sanitation, and healthcare quality. The use of internet-based naming-and-shaming and data-sharing practices-through tweets, online posts, rankings, scores, star ratings, and other methods-serves to enforce compliance and promote corporate social responsibility. E-regulation constitutes a paradigm shift in government …

Governing The Patent Commons, Dirk Auer, Julian Morris

Cardozo Arts & Entertainment Law Journal

Thousands of patents underpin the technologies that power the digital economy. Coordination among firms developing and implementing these novel technologies has notably been facilitated in large part by Standards Developing Organizations (SDOs). Despite the evident benefits of standardization in general and SDOs in particular, certain aspects of these processes have come under severe scrutiny from scholars, antitrust authorities, and courts. These critics argue that the standardization space suffers from two crippling market failures, namely "patent holdup" and "royalty stacking." They thus conclude that opportunistic firms will squeeze their rivals 'profits, harming consumers and stifling innovation in the process. However, recent …

Transnational Government Hacking, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin

Cardozo Arts & Entertainment Law Journal

The note examines the transformative impact of digital platforms on traditional media and the legal challenges arising from this shift, advocating for updated regulations to ensure accessibility, fairness, and public interest. It argues that the rapid evolution of technology has outpaced regulatory frameworks, necessitating reforms to address media consolidation, accessibility for individuals with disabilities, and the role of the FCC in overseeing new media platforms.

Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

Social Media Platforms And Democratic Discourse, Russell L. Weaver

Lewis & Clark Law Review

This Essay explores how social media platforms have been catalysts for social and political change but have created numerous societal problems. The Essay traces the development of speech technologies and shows how these platforms have influenced the world. These changes are evident in the events of the Arab Spring in the Middle East and even in U.S. political elections (including those of President Obama and President Trump). At the same time, the internet and social media present immense challenges to the democratic process. They have enabled individuals to infect the public debate with so-called “fake news,” and have enabled foreign …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Networks Of Empathy, Thomas E. Kadri

Articles

Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.

Although law can be a powerful tool to regulate digital abuse, legal responses are …

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron

Articles

No abstract provided.

How The Internet Unmakes Law, Mary Anne Franks

Articles

No abstract provided.

The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks

Articles

No abstract provided.

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Articles

Leading figures on both the political right and the political left have concluded that the agency rulemaking process is captured: that it serves to benefit businesses, at the expense of the general public. This perception appears to be supported by recent theoretical and empirical scholarship and has prompted lawmakers to introduce various proposals to reform the federal rulemaking process.

Yet as I will demonstrate in this Article, the view of the rulemaking process as captured is unwarranted. I will show that the academic literature actually provides little guidance as to the magnitude of business influence that is, the extent to …

Net Neutrality And Consumer Welfare: Divergent Approaches To The Egyptian Telecommunication Regulation, Mennatullah Helmy Hamada

Theses and Dissertations

This thesis explores the implications of the debate on net neutrality on telecommunication policy in Egypt. I argue that consumer welfare should be the main determining factor of the effects of net neutrality obligations on the telecom sector. Consumer welfare must remain the focus of any regulator while applying net neutrality obligations. Consumers in any telecom market care about three elements, namely, prices, quality and speed of the internet, and openness and accessibility of the content available over the internet. Meanwhile, the main controllers of the telecom market are torn between preserving the nature of the internet and their own …

Internet Architecture And Disability, Blake E. Reid

Publications

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …

Networking Away The American Dream: How Reinterpreting Title Vii Can Reduce Employer Reliance On Exclusive Networks In Hiring And Broaden Access To Professional Opportunity, Austin Howard

Cardozo Law Review

No abstract provided.

Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan

College of Journalism and Mass Communications: Theses

The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

Articles

In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression-particularly the entangled concepts …

The Eu-U.S. Privacy Shield: An Uncertain Future, Catherine Read

Cardozo International & Comparative Law Review

The note examines the challenges facing the EU-U.S. Privacy Shield due to the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) and the U.S. government's uneven implementation of Privacy Shield recommendations. It argues that without reforms, such as incorporating Presidential Policy Directive-28 (PPD-28) protections into Section 702, maintaining a fully staffed Privacy and Civil Liberties Oversight Board (PCLOB), and enforcing stricter compliance measures, the future of the Privacy Shield and transatlantic data flows remains uncertain.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Imaginary Bottles, Jessica Litman

Duke Law & Technology Review

No abstract provided.

The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto

Duke Law & Technology Review

No abstract provided.

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

Combating Fake News And Censorship In The Digital Age: How The United Kingdom Serves As A Model For Future Regulatory Intervention In Multimedia M&A Deals, Jake Kline

Cornell International Law Journal

This Note examines how countries should balance the delicate issue of promoting mergers and allowing business owners to make their own decisions while simultaneously preventing any corporation from cornering too large a portion of any multimedia market. While in the past the general public was concerned that their respective governments would suppress the freedom of the press, they now face the reality that corporations likewise engage in censorship activities. The sheer size of the top multimedia corporations today, compounded with unprecedented technological abilities to target each consumer individually, mean their influence upon their audiences has never been stronger. M&A deals …

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.

The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich

Brooklyn Law Review

U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not to the entire email population. Neither the law …