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Archive for the ‘Telecommunications’ Category

D.C. Circuit Denies FCC Jurisdiction to Mandate Net Neutrality By Tyler Lacey – Edited by Jad Mills Comcast Corp. v FCC, No. 08-1291 (D.C. Cir., Apr. 6, 2010) Slip Opinion The United States Court of Appeals for the District of Columbia Circuit vacated an order issued by the Federal Communications Commission (FCC), which had asserted jurisdiction over Comcast’s network management policies and had ordered Comcast to cease discriminating against peer-to-peer network traffic. The D.C. Circuit held that the FCC does ... Read More...
Posted On Apr - 11 - 2010 Comments Off READ FULL POST
District Court Limits the Use of State Secrets Privilege in Warrantless Wiretapping By Kathryn Freund – Edited by Davis Doherty Al-Haramain Islamic Found., Inc. v. Obama, No. 07-0109 (N.D. Cal., Mar. 31, 2010) Memorandum of Decision and Order (hosted by Electronic Frontier Foundation) The District Court for the Northern District of California granted summary judgment for the plaintiffs, the defunct Al-Haramain Islamic Foundation and the charity’s two attorneys, finding that they presented sufficient non-classified evidence to hold the government liable ... Read More...
Posted On Apr - 4 - 2010 Comments Off READ FULL POST
By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
Posted On Mar - 22 - 2010 Comments Off READ FULL POST
By Tyler Lacey RealNetworks Won’t Appeal Decision Declaring Its DVD Copying Software in Violation of DMCA On March 4, Wired reported that RealNetworks plans to cease litigation of a lawsuit filed by the Motion Picture Association of America (“MPAA”) alleging that its DVD copying software, RealDVD, violates the Digital Millennium Copyright Act (“DMCA”).  RealNetworks had initially planned to appeal a California district court’s decision that the software illegally circumvented the DVD encryption technology, Content Scramble System. However, after two years ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
By Conor H. Kennedy Editorial Policy In Citizens United v. Federal Election Commission (“Citizens United”), the Supreme Court nullified a major provision of campaign finance legislation.  The Federal Election Commission (“FEC”) can no longer regulate the mandated disclosure, allowable sources, or contribution limits of corporations’ independent political advocacy. Prominent legal scholar Lucian Bebchuk argues that the “insiders” who manage companies are now empowered to use direct expenditures to legally entrench themselves atop publicly traded companies, their shareholders’ objections notwithstanding.  From ... Read More...
Posted On Mar - 3 - 2010 5 Comments READ FULL POST
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