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Masthead Vol.64 No.1 (2011)

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Editor's Note

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Of Burning Houses and Roasting Pigs: Why Butler v. Michigan Remains a Key...

More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of...

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Is It Time to Recreate the E-rate Program?

The Schools and Libraries program, commonly known as the "E-rate" program, was created by the FCC in 1997, as authorized by the federal Telecommunications Act of 1996. The E-rate program provides...

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Assessing Competition in U.S. Wireless Markets: Review of the FCC’s...

The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its...

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Wiretapping the Internet: The Expansion of the Communications Assistance to...

Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement...

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Consumer Watchdog: The FCC’s Proposed Rulemaking to Help Consumers Avoid Bill...

This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his...

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Survival of the Standard: Today’s Public Interest Requirement in Television...

The notion that broadcasters must broadcast in the public interest has always been a requirement; exactly how this requirement is met has taken many forms. This Note examines the history of the public...

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From Betamax to YouTube: How Sony Corporation of America v. Universal City...

Internet technological innovations, particularly the development of Peer-to-Peer ("P2P") networks and the proliferation of user-generated content sites, have introduced considerable challenges for the...

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Masthead Vol.64 No.2 (2012)

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Editor's Note

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WikiLeaks and the First Amendment

FCBA Distinguished Speaker Series In November 2010, Julian Assange's WikiLeaks collaborated with major media organizations to release thousands of classified U.S. State Department documents. American...

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Law and the Open Internet

The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which...

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The FCC’s Sponsorship Identification Rules: Ineffective Regulation of...

In the contemporary media landscape, the advertising industry is increasingly relying on embedded advertising to reach consumers. The scope of embedded advertising in today's marketplace raises...

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BART Cell Phone Service Shutdown: Time for a Virtual Forum?

The balancing act between protecting First Amendment rights and the necessity of law enforcement to maintain the public order is not simple under normal circumstances. On August 11, 2011, San...

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Behavioral Advertising: The Cryptic Hunter and Gatherer of the Internet

In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and...

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Reforming Retransmission Consent

Under the retransmission consent regulations of the 1992 Cable Act, broadcasters and cable providers must negotiate with one another for permission to retransmit a broadcast signal over a cable...

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Should Cyber Exploitation Ever Constitute a Demonstration of Hostile Intent...

More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks...

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An End to End-to-End? A Review Essay of Barbara van Schewick’s Internet...

Amidst much controversy, the FCC released its landmark "network neutrality" order in December 2010. This regulation prohibits Internet service providers, such as Verizon or Comcast, from...

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Masthead Vol.64 No.3 (2012)

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