Communications Law Commons^™

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Right To Attention, Jasper L. Tran

Indiana Law Journal

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.

This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Volition And Copyright Infringement, Robert C. Denicola

Cardozo Law Review

No abstract provided.

The Non-Discrimination Principle In Open Source Licensing, Eli Greenbaum

Cardozo Law Review

Open source communities have required licenses to satisfy requirements of non-discrimination. This principle of non-discrimination, however, has remained peripheral to the interpretation of open source licenses, with legal analysis concentrating on other aspects of open source regimes. This Article argues that non-discrimination, far from being marginal to open source, constitutes the central legal characteristic of the licensing model, and that an appreciation of the non-discrimination requirement is essential for understanding the economic incentives and effects of the open source license. This Article applies this understanding of the non-discrimination principle to interpret specific terms in free and open source licenses. In …

Saving The Internet: Why Regulating Broadband Providers Can Keep The Internet Open, Emma N. Cano

BYU Law Review

No abstract provided.

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.

Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan

Fordham Urban Law Journal

No abstract provided.

Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Balancing Act: The Virtue Of A "Light Touch" Regulatory Framework In The 2015 Open Internet Order, Nia Chung Srodoski

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen

UC Law SF Communications and Entertainment Journal

Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs") …

Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel

UC Law SF Communications and Entertainment Journal

In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three­ person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to be characterized …

There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith

UC Law SF Communications and Entertainment Journal

Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential …

Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff

UC Law SF Communications and Entertainment Journal

Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.

Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah

UC Law SF Communications and Entertainment Journal

Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti­ discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a physical …

Net Neutrality: On Mobile Broadband Carriers And The Open Internet, The Commercially Reasonable Network Management Standard, And The Need For Greater Protection Of The Open Internet, Richard A. Starr

Journal of Business & Technology Law

No abstract provided.

Guns, Speech, And Breathing Space: Response To Andrew Jay Mcclurg's The Second Amendment Right To Be Negligent, Allen K. Rostron

Faculty Works

No abstract provided.

U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones

Faculty Publications

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based …

Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig

Michigan Telecommunications & Technology Law Review

Observing trends in which Wi-Fi and Bluetooth have become widely popular, some argue that unlicensed allocations hosting such wireless technologies are increasingly valuable and that administrative spectrum allocations should shift accordingly. We challenge that policy conclusion. A core issue is that the social value of a given spectrum allocation is widely assumed to equal the gains of the applications it is likely to host. This thinking is faulty, as vividly seen in what we deem the Broadcast TV Spectrum Valuation Fallacy – the idea that because wireless video, or broadcast network programs are popular, TV channels are efficiently defined. This …