Communications Law Commons^™

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 (1994 - )

No abstract provided.

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 expand …

Petition For A Writ Of Certiorari, Gonzalez V. Google, 143 S.Ct. 1191 (2023) (No. 21-1333), Eric Schnapper, Robert J. Tolchin, Keith L. Altman, Daniel Weininger

Court Briefs

QUESTION PRESENTED: Section 203(c)(1) of the Communications Decency Act immunizes an “interactive computer service” (such as YouTube, Google, Facebook and Twitter) for “publish[ ing] ... information provided by another” “information content provider” (such as someone who posts a video on YouTube or a statement on Facebook). This is the most recent of three court of appeals’ decisions regarding whether section 230(c)(1) immunizes an interactive computer service when it makes targeted recommendations of information provided by such another party. Five courts of appeals judges have concluded that section 230(c)(1) creates such immunity. Three court of appeals judges have rejected such immunity. …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

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

UC Law SF Communications and Entertainment 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

UC Law SF Communications and Entertainment Journal

No abstract provided.

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

UC Law SF Communications and Entertainment 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? Moreover, …

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

UC Law SF Communications and Entertainment Journal

No abstract provided.

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 care …

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

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 …

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 as far …

Institutional Considerations For The Regulation Of Internet Service Providers, Daniel Deacon

Articles

Written to commemorate the twenty-fifth anniversary of the Telecommunications Act of 1996, this Essay looks forward at possible settlements regarding the nagging question of whether and how best to regulate Internet service providers. Rather than start from the standpoint that this or that policy, such as net neutrality, is good or bad, I ask more broadly who should regulate ISPs and under what general framework. I assess and critique various frameworks, including reliance on markets and antitrust; state-level regulation under a federal Title I regime; various frameworks set forward in Republican sponsored bills; and the Save the Internet Act. I …

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski

Catholic University Journal of Law and Technology

No abstract provided.

The Supervisory Role Of The Emirates Securities And Commodities Authority Over The Company's Buyback Of Its Shares With The Intention Of Reselling Amidst The Outbreak Of The Corona Pandemic- A Comparative Study, Dr.Mohammad Saad Al Armman

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

With the prevalence of the term "buyback" of the company's shares, especially amidst the crisis faced by the countries of the world, the latest of which is the corona pandemic, many companies have resorted to buying their shares offered in the trading markets for many reasons. The public Shareholding company may see that the value of its share is valued at less than nominal value that is traded in the market, and this Will prompt it to invest its money by repurchasing its shares, the reason may be the company's desire to motivate investors to buy its shares, which will …

Something For Nothing: Untangling A Knot Of Section 230 Solutions, Nicholas Bradley

Cardozo Law Review de•novo

Social media platforms have become the dominant public forum of the modern age but there is a big problem: they are privately owned and can moderate content however they like. This right is protected both by the First Amendment and Section 230 of the Communications Decency Act, the latter of which creates immunity from suit for platforms that exercise their right to moderate content by removing—or not removing—objectionable content. Politicians on both sides of the aisle have complained that platforms are abusing this immunity and, while they have put forward a wide variety of legislative solutions, none of them have …

A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis

Elisabeth Haub School of Law Faculty Publications

The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms--no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution.

In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …

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.

Masthead, Lead Article Editor

Catholic University Journal of Law and Technology

No abstract provided.

Table Of Contents, Lead Article Editor

Catholic University Journal of Law and Technology

No abstract provided.