The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, 2013 Boston College Law School
The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, Daniel A. Lyons
Daniel Lyons
In recent years, broadband providers have introduced data caps and other plans that charge customers based on use. While regulators have generally approved of this shift, some consumer groups fear that usage-based pricing will lead to higher prices and deteriorating service. They also fear data caps allow companies like Comcast to protect their cable businesses from upstarts like Netflix.
This article evaluates the merits of data caps and other usage-based pricing strategies. Usagebased pricing shifts more network costs onto heavier Internet users. This can reduce costs for others and make broadband more accessible to low-income consumers. Usage-based pricing can also …
Why Broadband Pricing Freedom Is Good For Consumers, 2013 Boston College Law School
Why Broadband Pricing Freedom Is Good For Consumers, Daniel A. Lyons
Daniel Lyons
From the introduction: Usage-based pricing has rapidly become one of the most high-profile topics in Internet policy. In the past few years, many broadband providers have migrated from all-you-can-eat flat-rate pricing to consumption-based pricing models such as tiered service plans or data caps. This trend has been most prominent in the wireless sector, where monthly limits were an almost inevitable solution to the surge in bandwidth demand unleashed by the smartphone revolution. Some fixed broadband providers have adopted much larger data caps for residential broadband use as well.
The Internet As The World's Biggest Copy Machine, And How Plaintiff's Bar Seeks To Monetize It, 2013 Boston College
The Internet As The World's Biggest Copy Machine, And How Plaintiff's Bar Seeks To Monetize It, Daniel Lyons
Daniel Lyons
On February 23, 2013, Professor Lyons presented at the First Circuit Spring Meeting of the American Bar Association Student Division.
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, 2013 Ohio State Moritz College of Law
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman
Christopher M Fairman
Indecency regulation by the Federal Communication Commission and Supreme Court is the product of word taboo—the subconscious, emotional, involuntary avoidance of certain words out of fear that some harm will occur if they are spoken. Acting in tandem, the Court and the Commissioners create institutionalized word taboo based upon the assumption that broadcast media’s pervasive and intrusive presence into the home endangers unsupervised children. Technological innovation renders this premise invalid today, but institutionalized word taboo remains. This article (1) traces the rise of indecency regulation, (2) explains the invalidity of the assumptions used to justify it, (3) introduces word taboo …
Copyright Freeconomics, 2013 University of Memphis, Cecil C. Humphreys School of Law
Copyright Freeconomics, John M. Newman
John M. Newman
Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster’s rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate, still ongoing, among scholars and stakeholders—but this debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.
This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body …
The Implausibility Of Secrecy, 2013 University of Florida
The Implausibility Of Secrecy, Mark Fenster
Mark Fenster
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …
The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., 2013 Pepperdine University
The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., Robert L. Clarkson
Pepperdine Law Review
No abstract provided.
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , 2013 Pepperdine University
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
Pepperdine Law Review
Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …
National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?, 2013 Pepperdine University
National Subscription Television V. S & H, Tv: The Problem Of Unauthorized Interception Of Subscription Television—Are The Legal Airwaves Unscrambled?, Thomas R. Catanese
Pepperdine Law Review
The unending stream of technological innovations that best exemplifies the electronic media has left the law in its wake. Because of rapid advancements in the forms communications may take, the law has sometimes been slow in effectively and rationally affording protection against the piracy of these new types of electronic media. One such type of electronic media is the transmission of over-the-air scrambled broadcasts, more properly "subscription" television, wherein a party pays a subscription fee to receive nonstandard television programming. National Subscription Television v. S & H, TV, in view of prior divided case law, settled the question of whether …
Dc Think Tank Tells Americans That Their Broadband Is Really Great, 2013 Boston College
Dc Think Tank Tells Americans That Their Broadband Is Really Great, Daniel Lyons
Daniel Lyons
No abstract provided.
What Your Tweet Doesn't Say: Twitter, Non-Content Data, And The Stored Communications Act, 2013 University of Washington School of Law
What Your Tweet Doesn't Say: Twitter, Non-Content Data, And The Stored Communications Act, Daniel Shickich
Washington Journal of Law, Technology & Arts
A federal district court in Virginia recently held that Twitter users have no privacy rights regarding non-content information associated with their use of Twitter. The court thus affirmed that the government may obtain Twitter users’ Internet Protocol (IP) addresses without notice to the users. The users in this case were alleged to be members of WikiLeaks. The government obtained an order of production in connection with grand jury proceedings, compelling Twitter to turn over IP address data to the government. After Twitter motioned to have the order unsealed, the alleged WikiLeaks members unsuccessfully attempted to intervene to quash the order …
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, 2013 University of Michigan Law School
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Michigan Law Review
Recent attempts to regulate Crisis Pregnancy Centers, pseudoclinics that surreptitiously aim to dissuade pregnant women from choosing abortion, have confronted the thorny problem of how to define commercial speech. The Supreme Court has offered three potential answers to this definitional quandary. This Note uses the Crisis Pregnancy Center cases to demonstrate that courts should use one of these solutions, the factor-based approach of Bolger v. Youngs Drugs Products Corp., to define commercial speech in the Crisis Pregnancy Center cases and elsewhere. In principle and in application, the Bolger factor-based approach succeeds in structuring commercial speech analysis at the margins of …
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, 2013 Pepperdine University
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, Michael R. Gradisher
Pepperdine Law Review
In Federal Communications Commission v. League of Women Voters, the United States Supreme Court struck down a statute on first amendment grounds which prohibited public broadcasters from editorializing. Those who favor the deregulation of broadcasting and the institution of a free market system hail the decision as a rare step in the right direction, after years of unquestioned congressional right to freely regulate broadcasting. They point to the Court's apparent willingness to reconsider its historical view of broadcasting, which has always received less first amendment protection than the print medium. However, the Court confirms its longstanding view that broadcasting may …
In Re Preserving The Open Internet: Reply Comments Of Professor Daniel A. Lyons, 2013 Boston College Law School
In Re Preserving The Open Internet: Reply Comments Of Professor Daniel A. Lyons, Daniel A. Lyons
Daniel Lyons
Reply Comments on FCC Proposed Rulemaking into Net Neutrality
Brief For Cato Institute Et Al. As Amici Curiae Supporting Petitioners, City Of Arlington Texas Et Al. V. Federal Communications Commission Et Al., 2013 Boston College Law School
Brief For Cato Institute Et Al. As Amici Curiae Supporting Petitioners, City Of Arlington Texas Et Al. V. Federal Communications Commission Et Al., Daniel A. Lyons, Jonathon H. Adler, Roderick M. Hills
Daniel Lyons
No abstract provided.
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, 2013 Pepperdine University
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Pepperdine Law Review
No abstract provided.
Description And Analysis Of Ftc Order Provisions Resulting From References In Advertising To Tests Or Surveys , 2013 Pepperdine University
Description And Analysis Of Ftc Order Provisions Resulting From References In Advertising To Tests Or Surveys , Ivan L. Preston
Pepperdine Law Review
No abstract provided.
Usage-Based Pricing And Net Neutrality, 2013 Boston College
Usage-Based Pricing And Net Neutrality, Daniel Lyons
Daniel Lyons
No abstract provided.
The Impact Of Data Caps And Other Forms Of Usage Based Pricing For Broadband Access, 2013 Boston College
The Impact Of Data Caps And Other Forms Of Usage Based Pricing For Broadband Access, Daniel Lyons
Daniel Lyons
No abstract provided.
Reforming The Universal Service Fund For The Digital Age, 2013 Boston College
Reforming The Universal Service Fund For The Digital Age, Daniel Lyons
Daniel Lyons
No abstract provided.