Category: Media & Communications

By: Mark Sweet Candidates for political office are using unsolicited bulk e-mails to reach the electorate. Commonly known as “political spam,” this campaign tactic is an inexpensive supplement to television, radio, and print ads. Advocates claim that campaigning via the internet reduces candidates’ dependence on fundraising, but critics detest political spam as the latest nuisance. This iBrief examines the legal basis for political spam, distinguishes political spam from analogous regulated speech, and argues that political spam serves an interest worth protecting. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0001

By: Tia Hall In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0023

By: Dannielle Cisneros Child pornography is an exception to First Amendment freedoms because it exploits and abuses our nation’s youth. The latest trend in that industry is “virtual child” pornography. “Virtual child” pornography does not use real children or images of real identifiable children. When the object of desire is not a child, but merely a combination of millions of computer pixels crafted by a skilled artist, can the government ban this allegedly victimless creation? Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0019

By: Sarah North This iBrief discusses a recent Court of Appeals decision remanding FCC rules on the “unbundling” of Internet services by telephone exchange carriers. These rules ordered many Internet service providers to share their equipment with competitors, so that consumers could choose their providers instead of having to accept all services from the company who installed the physical Internet connection. Cable Internet providers are not included in these rules. This iBrief predicts that cable broadband operators will soon be governed by the same “unbundling” provisions as other ISPs. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0016

By: Allison Stiles Internet publishing is easy and has become commonplace in ourtechnology-focused society. Although this type of publication can beexciting and helpful for those interested in communicating an idea, theissue of anonymous speech on the Internet has created some complications in the rather established tort of defamation. This article will discuss two approaches recently taken by two different courts in response to the Internet-anonymity issue and will evaluate them based on their ability to strike a balance between protecting free speech and protecting against defamation. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0004

By: Aaron Futch & Christine Soares E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0038

By: Aaron Futch The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0033

By: Alexander Davie & Christine Soares On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0031

By: Christine Soares There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0025

By: Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson & Yelena Simonyuk When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0014