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State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah 2019 Selected Works

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Lee Fisher

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which ...


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Abc V. Aereo And The Humble Judge, James Y. Stern 2019 William & Mary Law School

Abc V. Aereo And The Humble Judge, James Y. Stern

James Y. Stern

No abstract provided.


Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin 2019 William & Mary Law School

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Congress, The Fcc, And The Search For The Public Trustee, Neal Devins 2019 William & Mary Law School

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Neal E. Devins

No abstract provided.


Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen 2019 Duke Law

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.


Imaginary Bottles, Jessica Litman 2019 Duke Law

Imaginary Bottles, Jessica Litman

Duke Law & Technology Review

No abstract provided.


The Enigma Of Digitized Property: A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto 2019 Duke Law

The Enigma Of Digitized Property: A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto

Duke Law & Technology Review

No abstract provided.


Revisiting Barlow's Misplaced Optimism, Benjamin Edelman 2019 Duke Law

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.


The Past And Future Of The Internet: A Symposium For John Perry Barlow, 2019 Duke Law

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.


Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn 2019 Wharton School at the University of Pennsylvania

Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn

Andrea Matwyshyn

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.

In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed ...


"Maybe Someone Dies": The Dilemma Of Domestic Terrorism And Internet Edge Provider Liability, Emily B. Tate 2019 Boston College Law School

"Maybe Someone Dies": The Dilemma Of Domestic Terrorism And Internet Edge Provider Liability, Emily B. Tate

Boston College Law Review

In the aftermath of a string of highly publicized violent attacks motivated by far-right extremism, the public spotlight has swung its harsh light over tech companies—particularly social media platforms—for hosting extremism and allegedly facilitating radicalization online. With commentators across the political spectrum searching for solutions to a growing problem, the rumbling discourse has inevitably pivoted toward those platforms, with some suggesting that they should be liable for the content they host. Federal terrorism law and § 230 of the Communications Decency Act pose seemingly insurmountable hurdles to this end, but both recent congressional challenges to the CDA and increasingly ...


The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich 2019 Brooklyn Law School

The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich

Brooklyn Law Review

U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not ...


The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver 2019 Notre Dame Law School

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Russell L. Weaver

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems ...


Streaming Is The Name Of The Game: Why Sports Leagues Should Adapt To Consumers And Follow Ad Dollars Towards Live Streaming, Gregory Bailey 2019 Villanova University Charles Widger School of Law

Streaming Is The Name Of The Game: Why Sports Leagues Should Adapt To Consumers And Follow Ad Dollars Towards Live Streaming, Gregory Bailey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Does A Non-Extreme Answer To Extremism Exist?, Jeffrey Levicki 2019 University of Michigan Law School

Does A Non-Extreme Answer To Extremism Exist?, Jeffrey Levicki

University of Michigan Journal of Law Reform

Foreword for the Journal of Law Reform symposium entitled Alt-Association: The Role of Law in Combatting Extremism.


Policing Hate Speech And Extremism: A Taxonomy Of Arguments In Opposition, Leonard M. Niehoff 2019 University of Michigan Law School

Policing Hate Speech And Extremism: A Taxonomy Of Arguments In Opposition, Leonard M. Niehoff

University of Michigan Journal of Law Reform

Hate speech and extremist association do real and substantial harm to individuals, groups, and our society as a whole. Our common sense, experience, and empathy for the targets of extremism tell us that our laws should do more to address this issue. Current reform efforts have therefore sought to revise our laws to do a better job at policing, prohibiting, and punishing hate speech and extremist association.

Efforts to do so, however, encounter numerous and substantial challenges. We can divide them into three general categories: definitional problems, operational problems, and conscientious problems. An informed understanding of these three categories of ...


Social Media, Venue And The Right To A Fair Trial, Leslie Y. Garfield Tenzer 2019 Elisabeth Haub School of Law at Pace University

Social Media, Venue And The Right To A Fair Trial, Leslie Y. Garfield Tenzer

Pace Law Faculty Publications

Judicial failure to recognize social media's influence on juror decision making has identifiable constitutional implications. The Sixth Amendment right to a fair trial demands that courts grant a defendant's change of venue motion when media-generated pretrial publicity invades the unbiased sensibility of those who are asked to sit in judgment. Courts limit publicity suitable for granting a defendant's motion to information culled from newspapers, radio, and television reports. Since about 2014, however, a handful of defendants have introduced social media posts to support their claims of unconstitutional bias in the community. Despite defendants' introduction of negative social ...


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