Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites,
2010
Chicago-Kent College of Law
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
Introduction To Essays On The Future Of Digital Communications,
2010
Time Warner Cable
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Civic Engagement In The Digital Age,
2010
Joint Center for Political and Economic Studies
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Future Of Digital Communications Research And Policy,
2010
Technology Policy Institute
The Future Of Digital Communications Research And Policy, Scott Wallsten
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Changing Patterns Of Internet Usage,
2010
University of Pennsylvania
The Changing Patterns Of Internet Usage, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Broadband Capacity,
2010
University of Colorado at Boulder
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency,
2010
Georgetown Law
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Federal Communications Law Journal
In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?,
2010
Boston College Law School
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
Online Gaming: Prohibition Vs. Regulation,
2010
University of Nevada, Las Vegas
Online Gaming: Prohibition Vs. Regulation, Andrew Montgomery
UNLV Theses, Dissertations, Professional Papers, and Capstones
Since online gaming began in 1995, the industry has been unsettled. Despite online gaming being viewed as illegal by the United States government, revenues generated from players in the U.S. grew consistently and rapidly from 1995 to 2006. U.S. lawmakers believed they clarified the legality issue by passing the Unlawful Internet Gambling Enforcement Act in 2006 (UIGEA); however, this legislation did little to discourage people in the U.S. from engaging in online gambling. U.S. lawmakers have long debated prohibition vs. regulation of the industry. Given the apparent ineffectiveness of online gaming prohibition via UIGEA, lawmakers favoring legalization and regulation of …
The Rise Of Computerized High Frequency Trading: Use And Controversy,
2010
Duke Law
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
Duke Law & Technology Review
Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm,
2010
University of Washington School of Law
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Washington Journal of Law, Technology & Arts
In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.
Making Virtual Copyright Work,
2010
University of Richmond
Making Virtual Copyright Work, Matthew R. Farley
Law Student Publications
This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds …
Accessing Truth: Marketplaces Of Ideas In The Information Age,
2010
Loyola Law School, Los Angeles
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …
Space Age Love Song: The Mix Tape In A Digital Universe,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter
Nevada Law Journal
Mix tapes are the classic, iconic form of music sharing. Mix tape creators of the past believed they were making a piece of art larger than the sum of its parts. And even in the face of technological development so rapid and far-reaching as to remove the literal “tape” from “mix tape,” there are nonetheless modern incarnations that crop up on a regular basis, from mix CDs to mix-sharing websites. The technology is different, but the song remains the same.
The Admissibility Of Electronic Business Records,
2010
Schulich School of Law, Dalhousie University
The Admissibility Of Electronic Business Records, Ken Chasse
Canadian Journal of Law and Technology
The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …
Interpreting Copyright Law And Internet Facts,
2010
Schulich School of Law, Dalhousie University
Interpreting Copyright Law And Internet Facts, Cameron Hutchison
Canadian Journal of Law and Technology
This paper probes interpretation issues elicited by the impact of digital technologies and the Internet on copyright law. The purpose of the paper is to instill a coherent framework for analyzing copyright law when it encounters Internet or digital facts. In part one, I propose a methodology of statutory interpretation that helps suitably adapt statutory language to technological developments. In essence it is this: courts should examine the language of the operative provision in its statutory context and in light of its purpose. A contextual interpretation of a broadly conceived rule can reveal a legislative intention that certain kinds of …
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?,
2010
Schulich School of Law, Dalhousie University
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque
Canadian Journal of Law and Technology
In the first part of our analysis, we will examine the impact which pharmacogenomics is expected to have on drug research and development, on the drug approval process and on post-marketing surveillance and clinical practice. This will allow us to show how pharmacogenomic testing could be beneficial to drug companies, regulatory bodies, and patients. The second part of our analysis will focus on the regulatory framework applicable to the approval of pharmacoge- nomic tests in Canada, although we are aware of the fact that most manufacturers decide to approve their tests outside of Canada. As mentioned, the applicable regu- lations …
The Regulation Of Personal Health Record Systems In Canada,
2010
Schulich School of Law, Dalhousie University
The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke
Canadian Journal of Law and Technology
This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is …
Canada's Digital Economy Strategy: Toward An Openness Framework,
2010
Schulich School of Law, Dalhousie University
Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist
Canadian Journal of Law and Technology
This essay is an expanded version of my submission to the digital economy consultation. It opens with general issues such as digital policy leadership, cost issues, and emphasizes the need for a principle-based strategy that embraces the benefits associated with “open,” whether open access, open spectrum or open data. It then provides specific recommendations on a wide range of issues including tele- communications policy, privacy, and copyright.
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities,
2010
Schulich School of Law, Dalhousie University
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Canadian Journal of Law and Technology
In 2008, the online advertising industry was found to be worth 27 billion dollars, a figure that was projected to double over the subsequent four years.1 The reason for this extraordinary market growth can be explained by two factors. To begin with, current technology now makes it possible to gather a great variety of information associated with a particular device or individual, including browsing history, which can be used to create a profile specific to that device or individual. This practice facilitates more personalized advertising, tailored to the interests and tastes of the consumer. Secondly, many online services, in the …
