Federal Communications Law Journal
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Erasing Transgender Public Figures' Former Identity with the Right to Be Forgotten.
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Response to Harold Furchtgott-Roth.
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If a Picture Is Worth a Thousand Words, Your Mugshot Will Cost You Much More: An Argument for Federal Regulation of Mugshots.
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Sender side transmission rules for the Internet.
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Editor's note.
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The future of digital communications research and policy.
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Smut on the small screen: the future of cable-based adult entertainment following United States v. Playboy Entertainment Group.
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Business-only E-mail Policies in the Labor Organizing Context: It Is Time to Recognize Employee and Employer Rights.
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A New Method to Address Cyberbullying in the United States: The Application of a Notice-and-Takedown Model as a Restriction on Cyberbullying Speech.
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Reflecting on twenty years under the Telecommunications Act of 1996: a collection of essays on implementation.
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Swallows, sausages, and the 1996 Act.
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Does the Communications Act of 1934 contain a hidden Internet kill switch?
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Increasing telephone penetration rates and promoting economic development on tribal lands: a proposal to solve the tribal and state jurisdictional problems.
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EDITOR'S NOTE.
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The legal status of spyware.
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Making and keeping regulatory promises.
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The likely regulators? An analysis of FCC jurisdiction over cybersecurity.
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Toward a limited right of access to jury deliberations.
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Uberregulation without economics: the World Trade Organization's decision in the U.S.-Mexico arbitration on telecommunications services.
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Protecting the e-marketplace of ideas by protecting employers: immunity for employers under section 230 of the Communications Decency Act.
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Betting on the net: an analysis of the government's role in addressing Internet gambling.
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Deal or no deal: reinterpreting the FCC's foreign ownership rules for a fair game.
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The Communications Act: A Legislative History of the Major Amendments, 1934-1996.
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Antitrust language barriers: First Amendment constraints on defining an antitrust market by a broadcast's language, and its implications for audiences, competition, and democracy.
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Investment in minority-owned media: a social investor's perspective.
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A tale of two agencies: exploring oversight of the National Security Administration by the Federal Communications Commission.
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The Public Television Legal Survival Guide, 2d ed.
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Reflections on the FCC'S Recent Approach to Structural Regulation of the Electronic Mass Media.
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Injunctive relief in the Internet age: the battle between free speech and trade secrets.
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Tariffing Internet termination: pricing implications of classifying broadband as a Title II telecommunications service.
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Competition versus regulation: "mediating between right and right" in the wireless and wireline telephone industries.
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In Antitrust We Trust? Big Tech Is Not the Problem - It's Weak Data Privacy Protections.
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Network neutrality and broadband service providers' First Amendment right to free speech.
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Why ADCo? Why now? An economic exploration into the future of industry structure for the "last mile" in local telecommunications markets.
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Twitter, Inc. v. Paxton.
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Montgomery County v. FCC.
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Editor's note.
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Competition after unbundling: entry, industry structure, and convergence.
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Protecting Free Speech in a Post-Sullivan World.
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Protecting the cloak and dagger with an illusory shield: how the proposed Free Flow of Information Act falls short.
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Essential facilities and Trinko: should antitrust and regulation be combined?
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New objectives for CFIUS: foreign ownership, critical infrastructure, and communications interception.
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Endangered species, lassoes, and unmet promises.
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Regulation killed the video star: toward a freer market in broadcast television.
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Dial 911 and report a congressional empty promise: the Wireless Communications and Public Safety Act of 1999.
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Communicating during emergencies: toward interoperability and effective information management.
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Let Me Tell You Who I Am: Establishing a Federal Remedy for Interference with Online Identity.
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The battle for Portland, Maine.
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EDITOR'S NOTE.
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The politics of competition: review of Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research and Government Performance and Mark K. Landy, Martin A. Levin & Martin Shapiro, eds., Creating Competitive Markets: The Politics of Regulatory Reform.
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Pacifica reconsidered: implications for the current controversy over broadcast indecency.
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Recent developments in program content regulation.
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Building Blocks of Privacy: Why the Third-Party Doctrine Should Not Be Applied to Blockchain Transactions.
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The constitutionality of the Driver's Privacy Protection Act: a fork in the information access road.
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Information and Communications for Development 2006: Global Trends and Policies.
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You said what? The perils of content-based regulation of public broadcast underwriting acknowledgments.
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The First Amendment case against FCC IP telephony regulation.
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The "Vast Wasteland" revisited: headed for more of the same?
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EDITOR'S NOTE.
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Finding substance in the FCC's policy of "substantial service".
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The First Amendment and public television advertising: the need for clarity after Minority Television.
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NetChoice, L.L.C. v. Paxton.(censorship of user-generated content)
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A vast ye wasteland: reflections on America's most famous exercise in "public interest" piracy.
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Making Protection Against Copyright Infringement More Accessible in the Social Media Era.
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The rights of common carriers and the decision whether to be a common carrier or a non-regulated communications provider.
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The value of the tax certificate.
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Editor's note.
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An economic approach to the regulation of direct marketing.
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The law of unintended consequences.
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Revisiting the regulatory status of broadband Internet access: a policy framework for net neutrality and an open competitive Internet.
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Data caps: how ISPs are stunting the growth of online video distributors and what regulators can do about it.
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Restraining false light: constitutional and common law limits on a "troublesome tort".
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Editor's note.
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Nueva Esperanza, Inc. v. FCC.
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Taking account of the world as it will be: the shifting course of U.S. encryption policy.
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Liberalized Telecommunications Trade in the WTO: Implications for Universal Service Policy.
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Answering four questions on the anniversary of the Telecommunications Act of 1996.
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Encryption regulation in the wake of September 11, 2001: must we protect national security at the expense of the economy?
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Tennessee v. FCC: 832 F.3d 597 (8th Cir. 2016).
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The AT&T consent decree: in praise of interconnection only.
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From international competitive carrier to the WTO: a survey of the FCC's international telecommunications policy initiatives 1985-1998.
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Of burning houses and roasting pigs: why Butler v. Michigan remains a key free speech victory more than a half-century later.
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Who Controls the Internet? Illusions of a Borderless World.
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City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al.
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Derailed by the D.C. Circuit: getting network management regulation back on track.
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The "Vast Wasteland" speech revisited.
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A policy framework for spectrum allocation in mobile communications.
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Burying the Black Box: AI Image Generation Platforms as Artists' Tools in the Age of Google v. Oracle.(artificial intelligence)
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Ringless Voicemails: How an Emerging Unregulated Technology May Hinder the Intent of Telephone Consumer Protection Act of 1991.
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Use of designated entity preferences in assigning wireless licenses.
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Electronic oases take root in Mr. Minow's vast wasteland.
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Missouri v. Biden.(censorship of user-generated content)
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Communications policy for 2006 and beyond.
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Frank v. Gaos.
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Minow's viewers: understanding the response to the "vast wasteland" address.
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Future imperfect: googling for principles in online behavioral advertising.
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The FCC's minority tax certificate program: a proposal for life after death.
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Deliberative democracy on the air: reinvigorate localism - resuscitate radio's subversive past.
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Reforming retransmission consent.
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Editor's note.
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The fairness doctrine is dead and living in Israel.
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Creation of the Media.
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Net neutrality 10 years later: a still unconvinced commissioner.
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Digital Crossroads: American Telecommunications Policy in the Internet Age.
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Strategies to promote advanced telecommunications capabilities.
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The Law and Economics of Municipal Broadband.
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An oligopoly analysis of AT&T's performance in the wireline long-distance markets after divestiture.
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Editor's note.
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Straight to the Source: Shielding a Journalist's Metadata with Federal Legislation.
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Putting a price on dirt: the need for better-defined limits on government fees for use of the public right-of-way under section 253 of the Telecommunications Act of 1996.
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Overwhelmed by big consolidation: bringing back regulation to increase diversity in programming that serves minority audiences.
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Ten years under the 1996 Telecommunications Act.
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All American Telephone Company, Inc. v. FCC.
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Leased Access: Has the Cable Television Carriage Requirement Become Unconstitutional?
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Beach TV Properties, Inc. v. FCC.
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BART cell phone service shutdown: time for a virtual forum?
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Opening bottlenecks: on behalf of mandated network neutrality.
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Patchwork: Addressing Inconsistencies in Biometric Privacy Regulation.
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Television for all: increasing television accessibility for the visually impaired through the FCC's ability to regulate video description technology.
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Uncreative destruction: the misguided war on vertical integration in the information economy.
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Mako Communications, LLC V. FCC.
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The challenge of developing effective public policy on the use of social media by youth.
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Should cyber exploitation ever constitute a demonstration of hostile intent that may violate UN Charter provisions prohibiting the threat or use of force?
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Crowdsourcing, Kind Of.
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Financing telecommunications projects in Asia: a promising regulatory perspective.
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Editor's note.
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Internet policy's next frontier: usage-based broadband pricing.
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In memoriam.
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The copyright dilemma involving online service providers: problem solved ... for now.
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An efficiency analysis of contracts for the provision of telephone services to prisons.
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Protecting political speech and broadcasters from unnecessary disclosure: why the FCC should not expand sponsorship identification requirements for political issue ads.
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Wireless efficiency versus net neutrality.
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Will access regulation work?
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From the International Competitive Carrier to the WTO: A Survey of the FCC's International Telecommunications Policy Initiatives 1985-1998.
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Competitive Enterprise Institute v. Federal Communications Commission.(standing to challenge FCC merger conditions)
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Taking the sting out of the Stingray: the dangers of cell-site simulator use and the role of the Federal Communications Commission in protecting privacy & security.
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Editor's note.
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The role of efficiencies in telecommunications merger review.
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Limiting Tort Liability for Online Third-party Content Under Section 230 of the Communications Act.
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Editor's note.
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Double Trouble: Why Two Internet Privacy Enforcement Agencies Are Not Better Than One for Businesses or Consumers.
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If it isn't broken, you're not looking hard enough: net neutrality and its impact on minority communities.
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Behavioral advertisement regulation: how the negative perception of deep packet inspection technology may be limiting the online experience.
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The Legality of Web Scraping: A Proposal.
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When Channel Surfers Flip to the Web: Copyright Liability for Internet Broadcasting(*).
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Consumer watchdog: the FCC's proposed rulemaking to help consumers avoid bill shock.
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The Internet ecosystem: the potential for discrimination.
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Spread spectrum is good - but it does not obsolete NBC v. U.S.!
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Interpreting the Copyright Act's Section 201(c) Revision Privilege with Respect to Electronic Media.
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Broadcast technology as diversity opportunity: exchanging market power for multiplexed signal set-asides.
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Restraining Amazon.com's Orwellian potential: the Computer Fraud and Abuse Act as consumer rights legislation.
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Minow and the "Wasteland": time, manner, and place.
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The FCC's knowledge problem: how to protect consumers online.
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Cable Internet unbundling: local leadership in the deployment high speed access.
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Famously Fake: Using the Law to Reverse the Demise of Social Media Credibility.
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Reexamining the legacy of dual regulation: reforming dual merger review by the DOJ and the FCC.
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From ship-to-shore telegraphs to Wi-Fi packets: using section 705(a) to protect wireless communications.
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Cable operators' Fifth Amendment claims applied to digital must-carry.
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A Leap Forward: Why States Should Ratify the Uniform Computer Information Transactions Act.
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Federal preemption of state universal service regulations under the Telecommunications Act of 1996.
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Looking backwards and looking forwards in contemplating the next rewrite of the communications act.
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The Privacy of 'Things': How the Stored Communications Act Has Been Outsmarted by Smart Technology.
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Are regulators forward-looking? The market price of copper versus the regulated price of mandatory access to unbundled local loops in telecommunications networks.
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Saturn Telecommunication Services V. FCC.
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Living in Private: The Fourth Amendment and Perpetual Electronic Surveillance.
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Does Internet gambling strengthen the U.S. economy? Don't bet on it.
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Spectrum miscreants, vigilantes, and kangaroo courts: the return of the wireless wars.
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Judicial review of streamlined tariff protest denials.
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The sound of money: securing copyright, royalties, and creative "progress" in the digital music revolution.
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Will Ideology Block Opportunity? Regulatory Reform in the Infrastructure Industries.
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Bais Yaakov of Spring Valley v. FCC: 852 F.3d 1078 (D.C. Cir. 2017).
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Are you ready for some football? How antitrust laws can be used to break up DirecTV's exclusive right to telecast NFL's Sunday ticket package.
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Global TelLink v. FCC: 859 F.3d 39 (D.C. Cir. 2017).
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Brand X and the Wireline Broadband Report and Order: the beginning of the end of the distinction between Title I and Title II services.
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EDITOR'S NOTE.
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Hello, Congress? The phone's for you: facilitating the IP transition while moving toward a layers-based regulatory model.
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The broadband adoption index: improving measurements and comparisons of broadband deployment and adoption.
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The Colonel's finest campaign: Robert R. McCormick and Near v. Minnesota.
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A birthday party: the terrible or terrific two's? 1996 Federal Telecommunications Act.
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Navigating communications regulation in the wake of 9/11.
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Survival of the standard: today's public interest requirement in television broadcasting and the return to regulation.
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Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation.
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Editor's note.
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The Quadrennial Review: The Federal Communications Commission's Latent Superpower & What Can Be Done to Free It.
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Access to local rights-of-way: a rebuttal.
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Joint Statement of Sumner M. Redstone Chairman and Chief Executive Officer Viacom Inc. and Mel Karmazin President and Chief Executive Officer of CBS Corp.(*).
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Toward a unified theory of access to local telephone networks.
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Direct marketing, mobile phones, and consumer privacy: ensuring adequate disclosure and consent mechanisms for emerging mobile advertising practices.
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From Diet Pills to Truth Serum: How the FTC Could Be a Real Solution to Fake News.
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Debugging the System: Reforming Vulnerability Disclosure Programs in the Private Sector.
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From Vast Wasteland to electronic garden: responsibilities in the new video environment.
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Application of the Telephone Consumer Protection Act to Intrastate Telemarketing Calls and Faxes.
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CBS-Viacom and the Effects of Media Mergers: An Economic Perspective.
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Detariffing and the death of the filed tariff doctrine: deregulating in the "self" interest.
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The enduring lessons of the breakup of AT&T: a twenty-five year retrospective.
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Editor' s note.
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Privatization and the Freedom of Information Act: an analysis of public access to private entities under federal law.
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Deja vu all over again: questions and a few suggestions on how the FCC can lawfully regulate Internet access.
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The Battle Against Breaches: A Call for Modernizing Federal Consumer Data Security Regulation.
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Shrinkwrap and clickwrap agreements: 2B or Not 2B?
