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Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan 2022 University of Massachusetts School of Law

Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan

University of Massachusetts Law Review

For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and ...


Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley 2022 Villanova University Charles Widger School of Law

Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Empty Promises Of Diversity Mou's: How The Fcc Can Strengthen Commitments To Racial Equity, Jeleesa Omala 2022 St. John's University School of Law

The Empty Promises Of Diversity Mou's: How The Fcc Can Strengthen Commitments To Racial Equity, Jeleesa Omala

Journal of Civil Rights and Economic Development

(Excerpt)

African Americans have been systematically disenfranchised from nearly all sectors of American society since the country’s founding. As such, African Americans do not just perceive the problem of racial discrimination as a matter of personal prejudice but also a matter of survival. Without access to fundamental resources like higher education, healthcare, and economic opportunity, the quality of Black life decreases astronomically. The nation begins to equate being Black with being “less than,” and continues to disinvest in Black populations, which signals to Black people that their lives do not matter.

Nevertheless, determined Black entrepreneurs continue to fight to ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson 2022 University of California, Hastings College of the Law

The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson

Hastings Communications and Entertainment Law Journal

No abstract provided.


Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen 2022 University of California, Hastings College of the Law

Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen

Hastings Communications and Entertainment Law Journal

No abstract provided.


From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe 2022 University of California, Hastings College of the Law

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

Hastings Communications and Entertainment Law Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders ...


Cut! . . . Out Of Credit Arbitration The Case For Giving Hollywood Directors A Formalized Dispute Resolution Procedure For Conflicts Of Attribution, Madeline Giles 2022 University of California, Hastings College of the Law

Cut! . . . Out Of Credit Arbitration The Case For Giving Hollywood Directors A Formalized Dispute Resolution Procedure For Conflicts Of Attribution, Madeline Giles

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung 2022 University of Pennsylvania Carey Law School

The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung

Faculty Scholarship at Penn Law

Although most studies of major communications reform legislation focus on the merits of their substantive provisions, analyzing the political dynamics that led to the enactment of such legislation can yield important insights. An examination of the tradeoffs that led the major industry segments to support the Telecommunications Act of 1996 provides a useful illustration of the political bargain that it embodies. Application of a similar analysis to the current context identifies seven components that could form the basis for the next communications statute: universal service, pole attachments, privacy, intermediary immunity, net neutrality, spectrum policy, and antitrust reform. Determining how these ...


Burning The House To Roast A Pig: Examining Florida’S Controversial Social Media Law, Wes P. Rahn 2022 Mercer University School of Law

Burning The House To Roast A Pig: Examining Florida’S Controversial Social Media Law, Wes P. Rahn

Mercer Law Review

The recent proliferation of social media platforms has revolutionized the way individuals convey ideas and communicate with one another. Social media has quickly become the most dominate form of communication, surpassing more traditional modes of communication such as newspapers and television. It is estimated that over two-thirds of American adults now use social networking sites. Moreover, an astonishing 90% of young adults use social media. Social media has not only become an integral part of American culture in terms of entertainment and communication, but has also become a useful tool for politicians and the electorate who wish to engage in ...


Section 230 Of The Communications Decency Act: The “Good Samaritan” Law Which Grants Immunity To “Bad Samaritans”, Josh Slovin 2022 Mercer University School of Law

Section 230 Of The Communications Decency Act: The “Good Samaritan” Law Which Grants Immunity To “Bad Samaritans”, Josh Slovin

Mercer Law Review

In 1989, the “world wide web” launched in the public domain, creating what we call today the “internet.” However, the internet was slow to catch on. In 1996, there were only 20 million American users on the internet. As the adoption of the internet by Americans slowly increased so did the development of internet websites and internet services. The United States Congress quickly began to see the pitfalls of the internet unfolding before its own eyes. In effect, the internet created a new venue for the dissemination of defamatory and elicit content.

Beginning in 1991, litigation commenced when individuals sought ...


The New Bailments, Danielle D’Onfro 2022 University of Washington School of Law

The New Bailments, Danielle D’Onfro

Washington Law Review

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of ...


Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian 2022 Texas A&M University School of Law (Student)

Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian

Texas A&M Journal of Property Law

Section 230 of the Communications Decency Act (“Section 230”) is the glue that holds the Internet—as we know it today—together. Section 230 says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Simply put, Section 230 says that websites or platforms are not liable for content posted by third parties. There are many critics who attribute the maladies of the online world to Section 230. Section 230 presents issues such as over-moderation by Interactive Computer Service (“ICS”) providers that can go ...


Accidental Wiretaps: The Implications Of False Positives By Always-Listening Devices For Privacy Law & Policy, Lindsey Barrett, Ilaria Liccardi 2022 University of Oklahoma College of Law

Accidental Wiretaps: The Implications Of False Positives By Always-Listening Devices For Privacy Law & Policy, Lindsey Barrett, Ilaria Liccardi

Oklahoma Law Review

No abstract provided.


A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray 2022 University of Kentucky, J.D. Rosenberg School of Law

A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray

FIU Law Review

The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate ...


Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch 2022 American University, Washington College of Law

Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch

American University Business Law Review

No abstract provided.


Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis 2022 Penn State Dickinson Law

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly ...


A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan 2022 DePaul College of Law

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who ...


From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi 2021 Brooklyn Law School

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the ...


Congressional Testimony: Assessing Proposed Reforms To The Twenty-Six Word That Created The Internet, Daniel A. Lyons 2021 Boston College Law School

Congressional Testimony: Assessing Proposed Reforms To The Twenty-Six Word That Created The Internet, Daniel A. Lyons

Boston College Law School Faculty Papers

Professor Lyons' testifimony before House Committee on proposed tech reform bills.


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