Federal Communications Law Journal

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The defamation of choice-of-law in cyberspace: countering the view that the restatement (second) of conflict of laws is inadequa
So she sat on, with closed eyes, and half believed herself in Wonderland, though she knew she had but to open them again and all would change to dull reality.... --Lewis Carroll (1) I. INTRODUCT . . .

Smut on the small screen: the future of cable-based adult entertainment following United States v. Playboy Entertainment Group.
I. INTRODUCTION On May 22, 2000, the Supreme Court narrowly affirmed a decision of the United States District Court for the District of Delaware, holding that section 505 of the Telecommunications . . .

Detariffing and the death of the filed tariff doctrine: deregulating in the "self" interest.
I. INTRODUCTION After nearly two decades (1) and several trips to the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit Court"), (2) the Federal Communications Commission's . . .

A common carrier approach to Internet interconnection.
I. INTRODUCTION The Internet is rife with disputes over interconnection. These disputes take many forms, ranging from complaints over unfair peering policies by "backbones," to assertions that ins . . .

My view from the doorstep of FCC change.
I. INTRODUCTION As a new commissioner at the Federal Communications Commission ("FCC" or "the Commission"), I have developed five key principles that inform my regulatory philosophy and that will . . .

International Communications: Continuity and Change.
International Communications: Continuity and Change, Daya Kishan Thussu, Oxford University Press, Inc., 2000, 342 pages. In International Communication: Continuity and Change, Daya Kishan Thussu p . . .

An uphill battle: the difficulty of deterring and detecting perpetrators of Internet stock fraud.
I. INTRODUCTION When fifteen-year-old Jonathon Lebed of New Jersey was convicted of securities fraud through the Internet by the Securities and Exchange Commission ("SEC") in September of 2000, it . . .

The persistence of the dirigiste model: wireless spectrum allocation in Europe, a la francaise.
I. INTRODUCTION The process of allocating radio spectrum for Third Generation ("3G") wireless communications (1) in the European Union ("EU" or "the Union") illustrates the convergence of serious . . .

Does Internet gambling strengthen the U.S. economy? Don't bet on it.
I. INTRODUCTION Commercial gambling in the United States is a mammoth industry. In the past few decades, the United States developed from a country with few gambling options to one permitting some . . .

The private workplace and the proposed "Notice of Electronic Monitoring Act": Is "notice" enough?
I. INTRODUCTION On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Repres . . .

Dial 911 and report a congressional empty promise: the Wireless Communications and Public Safety Act of 1999.
I. INTRODUCTION On Thanksgiving Day 1997, Greg and Luann Bertaux were traveling from their Kansas home to Eureka Springs, Arkansas, when they observed a nearby green minivan darting dangerously in . . .

A tale of three cities: "diverse and antagonistic" information in situations of local newspaper/broadcast cross-ownership.(Chica
I. INTRODUCTION For more than half a century, a fundamental principle of communications policy in the United States has been that the "widest possible dissemination of information from diverse and . . .

Acquisitions by partially privatized firms: the case of Deutsche Telekom and VoiceStream.
I. INTRODUCTION A recent phenomenon in American competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. . . .

Use of public record databases in newspaper and television newsrooms.(Statistical Data Included)
I. INTRODUCTION The right of access to public record information can be found in the statements of this country's Founders,(1) state and federal statutes,(2) and decisions of the Supreme Court.(3) . . .

Paved with good intentions: how interLATA data relief undermines the competitive provisions of the 1996 Act.(local access and tr
I. INTRODUCTION Just over five years ago, former President Clinton signed the Telecommunications Act of 1996 ("1996 Act") into law, effectively opening long-shut doors to competition.(1) Today, Co . . .

The best laid plans: how unrestrained arbitration decisions have corrupted the Uniform Domain Name Dispute Resolution Policy.
I. INTRODUCTION In any expanding environment, limitations are sometimes needed to provide order and stability. The Internet revolution has penetrated every corner of the globe. National boundaries . . .

The FCC's main studio rule: achieving little for localism at a great cost to broadcasters.
The old adage, "a moving target is harder to hit," should not apply to government regulation. Unluckily, Jones Eastern has learned the hard way that the vagaries of imprecision apply to many things . . .

The public interest standard: is it too indeterminate to be constitutional?
I. INTRODUCTION More than three hundred years ago, in the second of his famous Two Treatises, John Locke wrote that the legislature "cannot transfer the [p]ower of [m]aking [l]aws to any other han . . .

A subsidy by any other name: First Amendment implications of the Satellite Home Viewer Improvement Act of 1999.
I. INTRODUCTION The Satellite Home Viewer Improvement Act ("SHVIA")(1) changed the face of the market for television video services by authorizing direct broadcast satellite ("DBS") carriers to ca . . .

The Communications Act: A Legislative History of the Major Amendments, 1934-1996.(Review)
THE COMMUNICATIONS ACT: A LEGISLATIVE HISTORY OF THE MAJOR AMENDMENTS, 1934-1996, Max D. Paglin ed., Pike & Fischer, Inc., 1999, 438 pages. A second volume of the important literary legacy of the . . .

Protecting privacy and enabling pharmaceutical sales on the Internet: a comparative analysis of the United States and Canada.
I. INTRODUCTION The Internet offers the potential to revolutionize the manner in which people receive health information and treat their health conditions. More than 40.9 million Americans were ex . . .

Connecting the world: the development of the global information infrastructure.
I. INTRODUCTION In 1844, the first message was sent over a telegraph line between Washington and Baltimore.(1) By 1855, people communicating over long distances commonly used telegraphy.(2) As a r . . .

Taking account of the world as it will be: the shifting course of U.S. encryption policy.
It is change, continuing change, inevitable change, that is the dominant factor in society today. No sensible decision can be made any longer without taking into account not only the world as it is, . . .

Is ISP-bound traffic local or interstate?(Internet service providers)
I. INTRODUCTION On February 26, 1999, the Federal Communications Commission ("FCC" or "Commission") issued a Declaratory Ruling that "ISP-bound traffic is jurisdictionally mixed and appears to be . . .

Filth, filtering, and the First Amendment: ruminations on public libraries' use of Internet filtering software.
I. INTRODUCTION When First Amendment lawyers wax eloquent about freedom of speech, they almost invariably turn to New York Times v. Sullivan,(1) a decision that unquestionably qualifies as a First . . .

Tangled Web: Tales of Digital Crime from the Sadows of Cyberspace.(Review)
Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages. Richard Power's Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace presents . . .

The FCC and section 312(a)(7) of the Communications Act of 1934: the development of the "unreasonable access" clause.
I. INTRODUCTION On September 7, 1999, the Federal Communications Commission ("FCC" or "Commission") issued a Memorandum Opinion and Order in which it ruled "that a broadcast station should not be . . .

Increasing telephone penetration rates and promoting economic development on tribal lands: a proposal to solve the tribal and st
I. INTRODUCTION The Telecommunications Act of 1996(1) ("1996 Act") instructed the Federal Communications Commission ("FCC" or "Commission") to ensure that all Americans have access to affordable t . . .

Universal service high-cost subsidy reform: hindering cable-telephony and other technological advancements in rural and insular
I. INTRODUCTION Policymakers advanced the concept of universal service in an effort to ensure that all United States citizens receive widespread access to affordable telecommunications services. I . . .

The rights of common carriers and the decision whether to be a common carrier or a non-regulated communications provider.
I. INTRODUCTION A new communications venture can sometimes choose between (1) accepting regulation as a common carrier, or (2) avoiding regulation almost entirely by providing service as a private . . .

The FCC's financial qualification requirements: economic evaluation of a barrier to entry for minority broadcasters.
I. INTRODUCTION In 1965, the Federal Communications Commission ("Commission" or "FCC") articulated certain financial requirements that applicants for broadcast licenses must satisfy. Specifically, . . .

Too much power, too little restraint: how the FCC expands its reach through unenforceable and unwieldy "voluntary" agreements.
Those who really deserve praise are the people who, while human enough to enjoy power, nevertheless pay more attention to justice than they are compelled to do by their situation. -- Thucyclides . . .

The FCC's implementation of the 1996 act: agency litigation strategies and delay.
I. INTRODUCTION Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996 ("1996 Act"),(1) the Federal Communications Commission ("Commi . . .

Communications media and the First Amendent: a viewpoint-neutral FCC is not too much to ask for.
I. INTRODUCTION In the "new economy" driven by the telecommunications industry, the Federal Communications Commission ("FCC" or "Commission") is a busy agency. Given the myriad legal issues faced . . .

Editor's note.
Welcome to the first issue of Volume 53 of the Federal Communications Law Journal. Our staff has several exciting initiatives in store for the Journal this year--in print, on the Web, and at the Ind . . .

Code and Other Laws of Cyberspace.
Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages. I. INTRODUCTION Just as Rachel Carson's classic Silent Spring awakened the world to environmental pollution i . . .

A Leap Forward: Why States Should Ratify the Uniform Computer Information Transactions Act.
I. INTRODUCTION As a new century dawns, the American economy continues to evolve. Long gone are the days when the United States dominated the world economy by manufacturing goods. Today, our econo . . .

Business-only E-mail Policies in the Labor Organizing Context: It Is Time to Recognize Employee and Employer Rights.
I. INTRODUCTION Technological advances are expanding the medium and increasing the speed of communication. Society is adapting and so must the law. The Uniform Commercial Code (UCC) reflects these . . .

Interpreting the Copyright Act's Section 201(c) Revision Privilege with Respect to Electronic Media.
I. INTRODUCTION "Both the language and the legislative history of section 201(c) suggest that when in doubt, courts should construe the rights of publishers narrowly rather than broadly in relatio . . .

The Availability of the Fair Use Defense in Music Piracy and Internet Technology.
I. INTRODUCTION As technology advances, musical artists and the recording industry face new challenges for protecting the copyrights of their works. Much of the new technology is inexpensive and r . . .

Editorial Rights of Public Broadcasting Stations vs. Access for Minor Political Candidates to Television Debates.
I. INTRODUCTION Television has been an increasingly predominant player in American election politics over the years, especially with presidential elections in the United States. In 1993, Newton M. . . .

Application of the Telephone Consumer Protection Act to Intrastate Telemarketing Calls and Faxes.
I. INTRODUCTION They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone right out o . . .

Limiting Tort Liability for Online Third-party Content Under Section 230 of the Communications Act.
I. INTRODUCTION On December 2, 1999, the New York Court of Appeals resolved a long-running dispute pitting Prodigy, one of the nation's largest online service providers (OSPs),(1) against Alexande . . .

When Channel Surfers Flip to the Web: Copyright Liability for Internet Broadcasting(*).
I. INTRODUCTION This Article argues that retransmission of video and television (TV) broadcasts on Internet Web sites should benefit from some system of compulsory (or statutory) copyrights. Howev . . .

Reflections on the FCC'S Recent Approach to Structural Regulation of the Electronic Mass Media.
I. INTRODUCTION Today's media marketplace showcases the rapid development of the new medium of the Internet, the consolidation of old, established mass media, and the combination of the two. The m . . .

From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Access.
I. INTRODUCTION Constructing our information environment as one composed of information "from diverse and antagonistic sources"(1) has been a central focus of structural regulation and its First A . . .

Structural Regulation of the Media and the Diversity Rationale.
Structural regulations of the media--such as the multiple ownership rules--play a useful role in media governance in the United States. Under Chairman William E. Kennard, the Federal Communications . . .

Growing Media Consolidation Must Be Examined to Preserve Our Democracy.
The proposed acquisition of CBS by media giant Viacom, along with the recent wave of mergers among media companies, raises some very troubling questions for our system of representative democracy an . . .

CBS-Viacom and the Effects of Media Mergers: An Economic Perspective.
I. INTRODUCTION Like other large-scale mergers between media corporations, the proposed CBS-Viacom combination has attracted a great deal of public attention. It immediately rose to the top of the . . .

The CBS-Viacom Merger: Impact on Journalism.
Society of Professional Journalists I. INTRODUCTION "There exists in America a control of news and of current comment more absolute than any monopoly in any other industry."(1) With the Septem . . .