Network Neutrality: Verizon V. Fcc,
2012
University of Michigan Law School
Network Neutrality: Verizon V. Fcc, Anna S. Han
University of Michigan Journal of Law Reform Caveat
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemoth, Verizon, over the issue of network neutrality. Although this conflict between the government and corporate giants is far from new, recent events have forced courts to give it close scrutiny. Given the explosive pace at which technology has expanded and permeated citizens’ daily lives, the judgments rendered have greater significance now than ever before.
Graduated Response By Industry Compact: Piercing The Black Box,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Scholarly Works
No abstract provided.
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Scholarly Works
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …
"Like" Your President: A Case For Online Voting,
2012
University of Michigan Law School
"Like" Your President: A Case For Online Voting, Jeremy Garson
University of Michigan Journal of Law Reform Caveat
In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act),
2012
University of Michigan Law School
Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han
University of Michigan Journal of Law Reform Caveat
Earlier, I posted about a network neutrality case, Verizon v. FCC, which could have far-reaching consequences for the Internet industry. Another concerted attempt to regulate the Internet, disguised in the form of a piracy protection bill, recently came before the House Judiciary Committee and garnered widespread disapproval. Representative Lamar Smith (R-TX) and a bipartisan group of twelve co-sponsors introduced the “Stop Online Piracy Act” (“SOPA”) on October 26, 2011, which punishes websites that are accused of facilitating copyright infringement. Although touted by its supporters as a weapon against foreign sites that steal and sell American inventions, SOPA is problematic because …
Technology Convergence And Federalism: The Case Of Voip Regulation,
2012
Boston College Law School
Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons
University of Michigan Journal of Law Reform Caveat
The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one-third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply before offering service. If not, …
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012),
2012
UIC School of Law
Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney
UIC Review of Intellectual Property Law
Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012),
2012
UIC School of Law
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012), Thomas Hemnes
UIC Review of Intellectual Property Law
Personally Identifiable Information (“PII”) has never been more valuable. In today’s networked world, seemingly trivial facts can be collected, molded into a marketable economic profile, and transferred in the blink of an eye. To be sure, the commodification of PII allows for provision of dramatically more efficient and effective services. Yet the potential for privacy abuses is substantial. What interest does one have in the constellation of facts that defines one’s identity? Is it something one can own, like their right of publicity? Or are others free to use what they learn about a person? This article surveys current privacy …
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012),
2012
UIC School of Law
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
Prosecuting The Mean Girls: The Viability Of Using Existing State Criminal Laws To Combat Cyberbullying,
2012
Seton Hall Law
Prosecuting The Mean Girls: The Viability Of Using Existing State Criminal Laws To Combat Cyberbullying, Anna Tse
Student Works
No abstract provided.
User Generated Revolution And Censorship: Is There A Right To Revolution?,
2012
Seton Hall Law
User Generated Revolution And Censorship: Is There A Right To Revolution?, Chris Desimone
Student Works
No abstract provided.
Virtual Child Pornography: The Children Aren't Real, But The Dangers Are; Why The Ashcroft Court Got It Wrong,
2012
Seton Hall Law
Virtual Child Pornography: The Children Aren't Real, But The Dangers Are; Why The Ashcroft Court Got It Wrong, Brian Goldblatt
Student Works
No abstract provided.
Enhancing Public Access To Online Rulemaking Information,
2012
University of Pennsylvania Law School
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
Michigan Journal of Environmental & Administrative Law
One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …
China's Current Intellectual Property Plan, Policies & Practices,
2012
Southern Methodist University
China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen
SMU Science and Technology Law Review
No abstract provided.
Chinese Intellectual Property Judges Panel,
2012
Southern Methodist University
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
SMU Science and Technology Law Review
No abstract provided.
China's Global Business Perspectives And Intellectual Property,
2012
Southern Methodist University
China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen
SMU Science and Technology Law Review
No abstract provided.
A Blueprint For Blogger Involvement In Academic Legal Symposia,
2012
Elisabeth Haub School of Law at Pace University
A Blueprint For Blogger Involvement In Academic Legal Symposia, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This essay reflects on my experience as the “featured blogger” at the Michigan State Law Review symposium Gender and the Legal Profession's Pipeline to Power and maps out possible models for future blogger involvement in other academic legal symposia. Successful blogger involvement in live academic events requires contributors who will write without much time to revise and organizers who will cede control over the way the conference is interpreted and discussed by others. Ultimately, I judge this experiment at the intersection of scholarly dialogue, legal education, and cyberspace to be a success. Blog-based conversations continued after the actual symposium and …
Employee 2.0,
2012
Seton Hall Law
Check In On Your Privacy,
2012
Seton Hall Law
Disclosure’S Effects: Wikileaks And Transparency,
2012
University of Florida Levin College of Law
Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster
UF Law Faculty Publications
Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm and stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones—what I have described as transparency’s balance. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’ ability to receive and distribute leaked information cheaply, quickly, and …
