Communications Law Commons^™

Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach

UC Law SF Communications and Entertainment Journal

YouTube is the internet’s largest and most recognized video streaming platform; the website has millions of daily active users from all over the world and hosts billions of videos. With so much content being hosted on the website, YouTube has developed basic protocol when it comes to copyright issues, including a standardized system for dealing with copyright infringement. But with such a large audience and technology constantly growing and changing, YouTube is constantly faced with new problems. Among content on YouTube, Korean entertainment and pop music (commonly referred to as K-Pop) has quickly become one of the largest markets, with …

Lost In A Novelty Mug: U.S. Telecom, The Fcc, And Policy Resolution For Net Neutrality, Christopher Terry, Scott Memmel, Ashley Turacek

UC Law SF Communications and Entertainment Journal

This paper traces the history of net neutrality and the judicial reviews of the Federal Communication Commission’s multiple attempts at regulation, including the agency’s 2006 guidelines overturned in Comcast v. FCC, the 2010 rules overturned in Verizon v. FCC, and the FCC’s reclassification of broadband in its 2015 net neutrality rules, as well as the contemporary battles over the agency’s decision in November of 2017 to repeal the 2015 rules. As the FCC continues to wrestle with net neutrality and open internet regulations, the agency engaged in a series of continuing delays to impede a potential U.S. Supreme Court review …

Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund

American University National Security Law Brief

No abstract provided.

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper scope of the …

The Department Of Justice Versus Apple Inc. -- The Great Encryption Debate Between Privacy And National Security, Julia P. Eckart

Catholic University Journal of Law and Technology

This article is an attempt to objectively examine and assess legal arguments made by Apple Inc. (Apple) and the Department of Justice (DOJ) concerning the DOJ’s use of the All Writs Act[1] (AWA) to require Apple to provide technical assistance to the DOJ so that it could access the encrypted data from the locked iPhone of Syed Rizwan Farook, commonly referred to as the San Bernardino shooter. The DOJ’s initial ex parte application focused on meeting the requirements of United States v. New York Telephone Co.[2] concluding the court order was authorized and appropriate. Apple not only argued …

Auer Deference Should Be Dead; Long Live Seminole Rock Deference, John B. Meisel

Catholic University Journal of Law and Technology

Deference doctrines should be understood in light of the Administrative Procedures Act’s distinction between legislative rules and interpretive rules and should be based on a solid theoretical foundation. Modern Auer deference calls for categorical deference for an agency’s regulatory interpretation of an ambiguous regulation. This is inconsistent with the APA’s characterization of the purpose of an interpretive rule. Properly construed, interpretive rules clarify the meaning of a legal text which should be justified by use of expository reasoning. These rules deserve a lesser form of deference (Skidmore deference), based on an agency’s unique understanding of its own regulations which …

Let’S Get This Show On The Road: Driverless Cars Have Arrived And It’S Time To Advance The Regulatory Framework, Joshua D. Borneman

Catholic University Journal of Law and Technology

The potential benefits that driverless automobile technology will provide to the U.S. and its roadways are vast. Greatly enhanced safety of American citizens is chief among these benefits. Congressional and administrative support will be required if these benefits are to be completely realized by American society. However, lawmakers are dragging their feet on passing legislation that will allow driverless cars to hit the road in full force. This comment examines the legislative proposals put forth by the House of Representatives and Senate. It argues that the differences between the two versions are inconsequential and urges lawmakers to act in order …

From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe

Catholic University Law Review

In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …

Social Media, Manipulation, And Violence, Allyson Haynes Stuart

South Carolina Journal of International Law and Business

No abstract provided.

All Sex Workers Deserve Protection: How Fosta/Sesta Overlooks Consensual Sex Workers In An Attempt To Protect Sex Trafficking Victims, Heidi Tripp

Penn State Law Review (2003 - Present)

The internet provided consensual sex workers with a sense of safety and community not available on the streets. Screening clients before meeting them, sharing information about dangerous clients, and finding work without relying on pimps turned a historically dangerous profession into a safer, more reliable way to earn a living.

Unfortunately, the internet also provided sex traffickers with a more efficient way to advertise sex trafficking victims without detection by law enforcement. Under Section 230 of the Communications Decency Act, websites hosting advertisements of sex trafficking victims were often immune from liability. Section 230, which meant to promote free speech …

Governing The Internet Of Everything, Scott J. Shackelford

Cardozo Arts & Entertainment Law Journal

Since the term was first coined in the late 1990s, the "Internet of Things" has promised a smart, interconnected world enabling your toaster to text you when your breakfast is ready, and your sweatshirt to give you status updates during your workout. This rise of "smart products" such as Internet-enabled appliances has the potential to revolutionize both business and society. But the smart wave will not stop with stuff with related trends such as the Internet of Bodies now coming into vogue. It seems that, if anything, humanity is headed toward an Internet of Everything. Yet it is an open …

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello

Cardozo Journal of Conflict Resolution

This Note seeks to answer the following question: How Twitter, its users, and the President can participate in a multi-party negotiation to decide on terms to enact into a user agreement for Twitter for the purposes of ensuring citizens' First Amendment rights are not violated if the President blocks them on Twitter. Part II of this Note discusses the role of the government when they suppress speech on public forums. It additionally addresses how Trump's actions of blocking citizens were declared a violation of their First Amendment rights. Part III raises the issues citizens face when naming the President as …

The Peculiar Case Of State Network Neutrality Regulation, Thomas B. Nachbar

Cardozo Arts & Entertainment Law Journal

In the wake of the FCC's recent decision to rescind federal network neutrality rules, several states have implemented their own network neutrality regulations, some in the form of procurement conditions on state contracts and others affirmative mandates requiring broadband Internet service providers to observe neutrality in providing service. The federal government and industry trade associations have challenged the state network neutrality laws as both preempted and unconstitutional under the "dormant Commerce Clause" doctrine.

This paper analyzes those state restrictions as a matter of constitutional law. The Court has recently changed dormant Commerce Clause law, liberalizing those limits with regard to …

Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Since the passage of the Children's Television Act of 1990, broadcast television stations have been required to provide educational programming for children as a condition for license renewal. Since 1996, broadcasters can fulfill this obligation by providing three hours of such programming according to the Federal Communications Commission's (FCC) guidelines. These requirements were later extended to broadcasters' multicast channels. With more children's programming available today than ever before from a wide variety of sources, and with changes in the ways children consume programming, the FCC has proposed to revise its rules to reflect these changes. This Article considers the constitutionality …

Is It Reasonable To Block Unreasonable Advertisements? An Examination Of The Legality Of Ad-Blockers, Andrew Steele

Cardozo Arts & Entertainment Law Journal

No abstract provided.