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A thoroughly updated, comprehensive, and accessible guide to U.S. telecommunications law and policy, covering recent developments including mobile broadband issues, spectrum policy, and net neutrality. In Digital Crossroads, two experts on telecommunications policy offer a comprehensive and accessible analysis of the regulation of competition in the U.S. telecommunications industry. The first edition of Digital Crossroads (MIT Press, 2005) became an essential and uniquely readable guide for policymakers, lawyers, scholars, and students in a fast-moving and complex policy field. In this second edition, the authors have revised every section of every chapter to reflect the evolution in industry structure, technology, and regulatory strategy since 2005. The book features entirely new discussions of such topics as the explosive development of the mobile broadband ecosystem; incentive auctions and other recent spectrum policy initiatives; the FCC's net neutrality rules; the National Broadband Plan; the declining relevance of the traditional public switched telephone network; and the policy response to online video services and their potential to transform the way Americans watch television. Like its predecessor, this new edition of Digital Crossroads not only helps nonspecialists climb this field's formidable learning curve, but also makes substantive contributions to ongoing policy debates.
Controlling market power is a crucial issue in liberalised telecommunications markets. By comparatively analysing five countries, this book explores how the regulatory framework should be designed.
Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.
A detailed examination of how the underlying technical structure of the Internet affects the economic environment for innovation and the implications for public policy. Today—following housing bubbles, bank collapses, and high unemployment—the Internet remains the most reliable mechanism for fostering innovation and creating new wealth. The Internet's remarkable growth has been fueled by innovation. In this pathbreaking book, Barbara van Schewick argues that this explosion of innovation is not an accident, but a consequence of the Internet's architecture—a consequence of technical choices regarding the Internet's inner structure that were made early in its history. The Internet's original architecture was based on four design principles: modularity, layering, and two versions of the celebrated but often misunderstood end-to-end arguments. But today, the Internet's architecture is changing in ways that deviate from the Internet's original design principles, removing the features that have fostered innovation and threatening the Internet's ability to spur economic growth, to improve democratic discourse, and to provide a decentralized environment for social and cultural interaction in which anyone can participate. If no one intervenes, network providers' interests will drive networks further away from the original design principles. If the Internet's value for society is to be preserved, van Schewick argues, policymakers will have to intervene and protect the features that were at the core of the Internet's success.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
When should government intervene in market activity? When is it best to let market forces simply take their natural course? How does existing empirical evidence about government performance inform those decisions? Brookings economist Clifford Winston uses these questions to frame a frank empirical assessment of government economic intervention in Government Failure vs.
Expert authors discuss the First Amendment in detail, as well as defamation and mass communication. Includes a completely new chapter on Internet law, covering issues such as indecency, Web sites with bomb recipes, defamation and anonymous postings, blocking cookies, encryption, spamming, copyright infringement, domain names and convergence. Further highlights include recent Supreme Court rulings on "ride-along" cases, nude dancing, and commercial speech, covering issues such as banning advertising for lawful but harmful products such as tobacco. There is also an expanded discussion of journalists' access to courtroom proceeding and judicial documents.
If your company or your clients have any presence on the Internet, Digital Communications Law (Revised Edition of former Law and the Information Superhighway) is a must-have resource. This complete compendium helps you handle all Internet-related legal issuesand—from questions of liability connected to sales and communications on the Web, to issues of taxation, to problems that you never thought youand’d faceand—until youand’re faced with them! Digital Communications Law is the single, thorough reference that covers all the various laws that affect sales and communications on the Web, including: Liability for harmful communication Taxation Privacy Copyright Trademark Patent Civil litigation Criminal prosecution Constitutional considerations Legal issues in international communication and cross-border commerce As technology advances, Digital Communications Law will keep you current with the laws that arise out of and affect new developments, including disputes and liability connected with: Texting Tweeting Facebook and other social networking sites Net neutrality Dissemination of commercial music and video Advertising Consumer fraud Interoperability and compatibility Accessibility of public information And more!

Code

Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig

Published: 2016-08-31

Total Pages: 378


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There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.