By: Christopher P. Raab The USA PATRIOT Act is tremendously controversial, both lauded by law enforcement and decried by civil liberties groups. This iBrief considers two of the Act’s communications monitoring provisions, concluding that each compromises civil liberties to a greater degree than is necessary to combat terrorism. Accordingly, Congress should revise the USA PATRIOT Act, bringing it into line with the Constitution. Download Full Article (PDF) Cite: 2006 Duke L. & Tech. Rev. 0003
Month: January 2006
Anti-Employer Blogging: Employee Breach of the Duty of Loyalty and the Procedure for Allowing Discovery of a Blogger’s Identity Before Service of Process Is Effected
By: Konrad Lee The rapid rise in anonymous anti-employer internet blogs by disgruntled employees has created a tension between the liberty interests of employees in free speech and privacy and employers’ rights to be free from defamation, disparagement and disclosure of confidential information by an employee. This iBrief argues that the anonymity of anti-employer bloggers should not shield employees from breach of the duty of loyalty claims under tort and contract law, and that Congress should enact rules to govern the disclosure of blogger identity. Download Full Article (PDF) Cite: 2006 Duke L. & Tech. Rev. 0002
Completing the Connection: Achieving Universal Service Through Municipal Wi-Fi
By: K. Joon Oh The federal universal service scheme is designed to ensure that everyone has affordable access to advanced telecommunications and information services. Despite the development of cost-effective technologies that drastically reduce the cost of telephone services vis-à-vis the Internet and Wi-Fi networks, federal regulations generally prevent municipalities or private companies from providing wireless Internet access with universal service funds. Federal regulations have replaced technology costs, lack of business incentives, and consumer affordability as the primary barrier to universal service. Competitive neutrality, the pro-competitive and technology-neutral approach to universal service funding, must be fully embraced in order to empower local communities with the choice of technologies that best suits their residents in providing universal and affordable access to advanced telecommunications and information services. Download Full Article (PDF) Cite: 2006 Duke L. & Tech. Rev. 0001