Communications Law Commons^™

Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

The End-To-End Argument And Application Design: The Role Of Trust, David D. Clark, Marjory S. Blumenthal

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

Policy debates about the evolution of the Internet show varying degrees of understanding about the underlying technology. A fundamental principle of the design of the Internet, from the early 1980s, is the so-called "end-to-end argument" articulated in a seminal technical paper. Intended to provide guidance for what kind of capability is built into a network as opposed to the devices that use the network, the end-to-end argument has been invoked in …

Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders

Federal Communications Law Journal

In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …

Access To Media All A-Twitter: Revisiting Gertz And The Access To Media Test In The Age Of Social Networking, Ann E. O'Connor

Federal Communications Law Journal

Plaintiffs' access to media has long been a factor in defamation cases, enabling courts to determine whether that plaintiff is a public figure who must meet the actual malice standard, or whether that plaintiff is a private figure worthy of greater protection from defamation. This component of the public-private distinction can no longer be applied with clear precision, given the advent of social networking and today's world of widespread media access. In light of the massive changes that have taken place in the media world, the access to media test must be revisited and appropriately retailored to avoid an inappropriate …

Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank

Cardozo Law Review

No abstract provided.

Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft

BYU Law Review

No abstract provided.

Craigslist, The Cda, And Inconsistent International Standards Regarding Liability For Third-Party Postings On The Internet, Peter Adamo

Pace International Law Review Online Companion

This Comment explores the nature and purpose of the Communications Decency Act (CDA), the legislative upbringing, and the application of the CDA to Craigslist. It compares the CDA to approaches taken abroad through legislation and judicial proceedings. It explains, contrary to the one other commentator to broach the subject matter, how the CDA continues to provide robust protection to Craigslist. Finally, it explores potential avenues for redrafting the CDA as well as the difficulties and trade-offs associated with implementing such change.

The Journalism Ratings Board: An Incentive-Based Approach To Cable News Accountability, Andrew Selbst

University of Michigan Journal of Law Reform

The American establishment media is in crisis. With newsmakers primarily driven by profit, sensationalism and partisanship shape news coverage at the expense of information necessary for effective self-government. Focused on cable news in particular this Note proposes a Journalism Ratings Board to periodically rate news programs based on principles of good journalism. The Board will publish periodic reports and display the news programs' ratings during the programs themselves, similar to parental guidelines for entertainment programs. In a political and legal climate hostile to command-and-control regulation, such an incentive-based approach will help cable news fulfill the democratic function of the press.

More Speech: Preempting Privacy Tourism, Stephen Bates

UC Law SF Communications and Entertainment Journal

Many commentators have decried the phenomenon of "libel tourism," where a plaintiff brings a libel suit in a country that affords minimal protection to free expression, even though the defendant and the publication at issue have little connection to the country. In particular, London has often been called the libel capital of the worldfirst, because British libel law strongly favors plaintiffs; and second, because a British court will accept jurisdiction over a libel suit if only a few copies of the publication have circulated there. In 2010, the United States responded to the threat of libel tourism by enacting the …

The Better Angels Of Our Fanfiction: The Need For True And Logical Precedent, Stacey M. Lantagne

UC Law SF Communications and Entertainment Journal

Music sampling has become a well-respected form of art. So why isn't the same true of fanfiction, which follows similar parameters? Without the benefit of a true and well-reasoned legal precedent, fanfiction has existed in a gray area dominated by highly emotional arrguments. However, most of the emotional arguments offered against fanfiction actually support a finding that fanfiction is fair use. Authors would be better served by stripping the emotion from the discussion.

Antitrust Review Of The At&T/T-Mobile Transaction, Maurice E. Stucke, Allen Grunes

College of Law Faculty Scholarship

In this Essay, we review AT&T Inc.’s proposed $39 billion acquisition of T-Mobile USA, Inc., under federal merger law, under the U.S. Department of Justice and Federal Trade Commission’s 2010 Horizontal Merger Guidelines, and with a focus on possible remedies. We find, under a rule of law approach, that the proposed acquisition is presumptively anticompetitive, and the merging parties in their public disclosures have failed to overcome this presumption. Next we find that under the Merger Guidelines, there is reason to believe that the transaction may result in higher prices to consumers under several different plausible theories. Finally, we turn …

Trademark's Unfair Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, Tom Abeles

UC Law SF Communications and Entertainment Journal

This article is concerned with the problem when an in-house attorney with vast resources and experience sends a cease and desist letter to a smaller review site, who may not have the resources to hire an attorney. A modest website may surrender to the request of a powerful corporation, especially if the cease and desist letter was overly intimidating. Website owners who are unfamiliar with trademark law present an attractive target in this situation and may not see a nominative fair use defense, which is not strong enough to protect these types of users. Review sites providing useful commentary or …

A Modern Library Class Action: The Google Book Settlement And The Future Of Digital Books, Courtney Nguyen

UC Law SF Communications and Entertainment Journal

In this modern age, electronic readers, devices used to read digital copies of books, are fast saturating the market. The Google Books Library Project ("Project") is but one source of digital books, albeit a hotly contested one. Since inception the Project has encountered sundry problems, ranging from copyright disputes to accusations of monopoly and unfair competition. Though Google has settled with several author's groups, the legality of the Project and the resulting Settlement Agreement is still challenged.

This note posits that in light of the ongoing legal problems and other troubles the Project faces, a private settlement agreement is not …

Leaks, Leakers, And Journalists: Adding Historical Context To The Age Of Wikileaks, Sandra Davidson

UC Law SF Communications and Entertainment Journal

The United States government has charged Pfc. Bradley Manning with leaking to Julian Assange and WikiLeaks unprecedented amounts of classified information. Prior to publishing the Afghan War Logs, WikiLeaks provided the documents to The New York Times and other newspapers around the world. This article begins by reviewing how Manning reportedly leaked the documents about the wars in Afghanistan and Iraq, as well as diplomatic cables. It then traces decades of legal precedents surrounding leaks, leakers, and journalists in the United States, suggesting similarities and differences between the past and present. This article thus provides a historical context for the …

Supervising Managed Services, James B. Speta

Faculty Working Papers

Many Internet-access providers simultaneously offer Internet access and other services, such as traditional video channels, video on demand, voice calling, and other emerging services, through a single, converged platform. These other services—which can be called "managed services" because the carrier offers them only to its subscribers in a manner designed to ensure some quality of service—in many circumstances will compete with services that are offered by unaffiliated parties as applications or services on the Internet. This situation creates an important interaction effect between the domains of Internet access and managed services, an effect that has largely been missing from the …

The Fairness Doctrine In Light Of Hostile Media Perception, R. Trevor Hall, James C. Phillips

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

The Smart Grid: The Complexities And Importance Of Data Privacy And Security, H. Russell Frisby Jr., Jonathan P. Trotta

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

The Ncaa And The Right Of Publicity: How The O'Bannon/Keller Case May Finally Level The Playing Field, Julia Brighton

UC Law SF Communications and Entertainment Journal

This note explores the potential impact of litigation pending against the National Collegiate Athletic Association ("NCAA"), the national governing body that.oversees college sports. The NCAA and its licensing partners make enormous profits from the sale of collegiate-branded merchandise. College athletes, on the other hand, are prevented from making money from commercial use of their names and likenesses by the NCAA's strict rules regarding amateurism. Former collegiate stars Ed O'Bannon and Sam Keller have accused the NCAA of profiting beyond the bounds of fairness by securing for itself and its member universities the exclusive right to all of the proceeds from …

I Can Has Lawyer? The Conflict Between The Participatory Culture Of The Internet And The Legal Profession, Lucille A. Jewel

UC Law SF Communications and Entertainment Journal

The Internet allows citizens to comment on public affairs with an amplified and unfiltered voice, creating an open, community-based "participatory culture" where robust debate flourishes. However, many of the ideals and practices of participatory culture clash with the traditional legal culture as it exists in the United States. This cultural conflict can be seen in emerging narratives, in the form of web blogs and lawyer emails that go "viral," in which lawyers comment on the lack of humanism within big law firm hiring and firing practices; expose the alienating work environments experienced by low-level contract attorneys; or criticize judges who …

Cultural Losses And Cultural Gains: Ethical Dilemmas In Wwii-Looted Art Repatriation Claims Against Public Institutions, Erin L. Thompson

UC Law SF Communications and Entertainment Journal

Alongside their campaign of physically exterminating the Jewish population of Europe, the Nazis carried out a highly organized plan of cultural genocide which involved the confiscation or forced sale of hundreds of thousands of pieces of art. Although a sizable number of these works were returned to their owners or their heirs by the Allied forces after the war, many disappeared into the hands of private possessors. Many remain hidden in private collections, but a number of these artworks were given to or purchased by museums or other public institutions. In recent decades, the heirs of Holocaust victims have been …