Category Archives: Media & Communications

Increasing Copyright Protection for Social Media Users by Expanding Social Media Platforms’ Rights

By: Ryan Wichtowski Social media platforms allow users to share their creative works with the world. Users take great advantage of this functionality, as Facebook, Instagram, Flickr, Snapchat, and WhatsApp users alone uploaded 1.8 billion photos per day in 2014. … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications | Tagged , | Leave a comment

Law Firm Cybersecurity: The State of Preventative and Remedial Regulation Governing Data Breaches in the Legal Profession

By: Madelyn Tarr With the looming threat of the next hacking scandal, data protection efforts in law firms are becoming increasingly crucial in maintaining client confidentiality. This paper addresses ethical and legal issues arising with data storage and privacy in … Continue reading

Posted in CyberCrime, Media & Communications | Tagged | Leave a comment

Websites as Facilities Under ADA Title III

By: Ryan C. Brunner Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies … Continue reading

Posted in Media & Communications

Schools, Speech, and Smartphones: Online Speech and the Evolution of the Tinker Standard

By: Aleaha Jones Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums … Continue reading

Posted in Media & Communications | Tagged

What’s in a Name: Cable Systems, FilmOn, and Judicial Consideration of the Applicability of the Copyright Act’s Compulsory License to Online Broadcasters of Cable Content

By: Kathryn M. Boyd The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications | Tagged

Unprotected and Unpersuaded: The FCC’s Flawed Merger Review Procedures

By: Trey O’Callaghan In CBS Corporation v. FCC, the D.C. Circuit struck down the Federal Communication Commission’s rules for protecting confidential information that it collects during certain merger proceedings. In response, the Commission released a new order, pursuant to the … Continue reading

Posted in Intellectual Property, Media & Communications | Tagged

Police Body Worn Cameras and Privacy: Retaining Benefits While Reducing Public Concerns

By: Richard Lin Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras … Continue reading

Posted in Media & Communications | Tagged ,

The Silence After the Beep: Envisioning an Emergency Information System to Serve the Visually Impaired

By: Elana R. Reman Due to a series of legal and regulatory setbacks, media accessibility regulations for consumers who are blind and visually impaired have lagged significantly behind those for deaf individuals. Until April 2014, when the Federal Communications Commission’s … Continue reading

Posted in Media & Communications

The NLRB’s Purple Communications Decision: Email, Property, and the Changing Patterns of Industrial Life

By: Josh Carroll On December 11th, 2014, in a much-anticipated case, the National Labor Relations Board (“NLRB”) held in a 3-2 decision that employees with access to an employer’s email system had a presumptive right to use that email system … Continue reading

Posted in Media & Communications, Uncategorized | Tagged ,

Legal Nature of Emails: A Comparative Perspective

By: Edina Harbinja There is currently a conflict between laws and the market in their treatment of email. Laws mandate that emails are not protected as property unless copyrightable or protected by another legal mechanism. But the market suggests that … Continue reading

Posted in Copyrights & Trademarks, Media & Communications | Tagged , , ,

Aereo and Internet Television: A Call to Save the Ducks (A La Carte)

By: Pooja Patel If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications, Uncategorized | Tagged ,

Noriega v. Activision/Blizzard: The First Amendment Right to Use a Historical Figure’s Likeness in Video Games

By: Joshua Sinclair Panama’s former dictator, Manuel Noriega, recently sued Activision Blizzard in the California Superior Court for using his likeness and image in the popular video game “Call of Duty: Black Ops II.” In his complaint, Noriega alleged that … Continue reading

Posted in Media & Communications, Uncategorized | Tagged , , ,

Authenticity and Admissibility of Social Media Website Printouts

By: Wendy Angus-Anderson Social media posts and photographs are increasingly denied admission as evidence in criminal trials. Courts often cite issues with authentication when refusing to admit social media evidence. Cases and academic writings separate recent case law into two … Continue reading

Posted in Media & Communications, Uncategorized | Tagged , ,

The Constitutionality and Legality of Internet Voting Post-Shelby County

By: Logan T. Mohs The technological and electoral landscapes have changed drastically since the turn of the century. While it once might have made sense to view voting online as unconstitutional, as opposed to merely impractical, the expanded range of … Continue reading

Posted in Media & Communications | Tagged ,

Tragedy of the Regulatory Commons: LightSquared and the Missing Spectrum Rights

By: Thomas W. Hazlett and Brent Skorup The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing … Continue reading

Posted in Media & Communications

Sharing is Airing: Employee Concerted Activity on Social Media After Hispanics United

By: Ryan Kennedy Section 7 of the United States’ National Labor Relations Act allows groups of American workers to engage in concerted activity for the purposes of collective bargaining or for “other mutual aid or protection.” This latter protection has … Continue reading

Posted in Media & Communications

More from the #Jury Box: The Latest on Juries and Social Media

By: Hon. Amy J. St. Eve,  Hon. Charles P. Burns, & Michael A. Zuckerman This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began … Continue reading

Posted in Media & Communications

Ensuring an Impartial Jury in the Age of Social Media

By: Amy J. St. Eve & Michael A. Zuckerman The explosive growth of social networking has placed enormous pressure on one of the most fundamental of American institutions—the impartial jury. Through social networking services like Facebook and Twitter, jurors have … Continue reading

Posted in Media & Communications

Privacy Expectations and Protections for Teachers in the Internet Age

By: Emily H. Fulmer Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider … Continue reading

Posted in Media & Communications

Who Owns the Virtual Items?

By: Leah Shen Do you WoW? Because millions of people around the world do! Due to this increased traffic, virtual wealth amassed in MMORPGs are intersecting in our real world in unexpected ways. Virtual goods have real-life values and are … Continue reading

Posted in Media & Communications

The Anonymous Poster: How to Protect Internet Users’ Privacy and Prevent Abuse

By: Scott Ness The threat of anonymous Internet posting to individual privacy has been met with congressional and judicial indecisiveness. Part of the problem stems from the inherent conflict between punishing those who disrespect one’s privacy by placing a burden … Continue reading

Posted in Media & Communications

The Future of “Fair and Balanced”: The Fairness Doctrine, Net Neutrality, and the Internet

By: Sasha Leonhardt In recent months, different groups–pundits, politicians, and even an FCC Commissioner–have discussed resurrecting the now-defunct Fairness Doctrine and applying it to Internet communication. This iBrief responds to the novel application of the Doctrine to the Internet in … Continue reading

Posted in Media & Communications

The U.S. On Tilt: Why the Unlawful Internet Gambling Enforcement Act Is a Bad Bet

By: Gerd Alexander The United States federal government’s attempts to curb Internet gambling are beginning to resemble a game of whack-a-mole. The Unlawful Internet Gambling Enforcement Act of 2006 (the “UIGEA” or “Act”) represents its most recent attack on Internet … Continue reading

Posted in Media & Communications

Taxation of Virtual Assets

By: Scott Wisniewski The development of vast social networks through Massively Multiplayer Online Role-Playing Games has created in-game communities in which virtual assets have real-world values. The question has thus arisen whether such virtual assets are legal subjects of taxation. … Continue reading

Posted in Media & Communications

FCC Regulation: Indecency by Interest Groups

By: Patricia Daza FCC regulations are among the most controversial administrative law regulations because of their impact on broadcast television. This iBrief analyzes the history of FCC regulation and highlights the problems associated with the current model. Applying theories of … Continue reading

Posted in Media & Communications