Editor's note.

• Author: Kellogg, Sarah L.

Welcome to the third and final Issue of the sixty-fourth Volume of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Communications Bar Association. On behalf of the Volume 64 Journal staff, I am pleased to present the Articles and Notes of this Issue.

The Issue opens with a speech by University of Chicago professor Geoffrey Stone on the intersection of First Amendment jurisprudence and the prosecution of leakers of classified information. Delivered as part of the FCBA's Distinguished Speaker Series, Stone examines how the SHIELD Act applies both to leaks by government employees like Bradley Manning, and also to the dissemination of those leaks by news outlets like WikiLeaks. He concludes that the SHIELD Act violates the First Amendment if applied to news outlets, unless courts apply a version of the clear and present danger test famously articulated in Schenck v. United States.

Next, Michigan State University professor Adam Candeub and attorney Daniel McCartney tackle the FCC's recent Internet access regulations that would prohibit broadband service providers from discriminating against unaffiliated content providers. The Authors suggest that legal concepts of discrimination and equal treatment are ill-fitted to Internet traffic management engineering, and instead urge a "bottom up" approach to Internet regulation that would create a common law of acceptable network practice.

The Issue then turns to our Notes, written by members of the Journal staff. First, Jennifer Fujawa outlines the growing popularity of embedded advertising, arguing that increased regulation is necessary to protect consumers. Next, Rachel Lackert examines the implications of San Francisco Bay Area Rapid Transit's ("BART") August 2011 decision to cut off cell phone and Internet service to prevent a protest, and advocates recognition of a "virtual forum" in First Amendment jurisprudence. Third, Joanna Penn discusses the advent of "behavioral advertising," surveying various methods to protect Internet consumers from unbridled behavioral tracking. Meg Burton then illuminates the...