This paper examines data property with an eye toward offering definitions that distinguish this type of property interest from that available for conventional intellectual property. The paper also will identify the legal rights vested in data creators as well as data protection rights for...

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not...

This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having...

A sizable gap exists between the vision of what telecommunications and information processing networks can provide and what they currently deliver. Some people already have accrued benefits from a wired community and many embrace much touted concepts of "personal empowerment" and "frictionless...

Many advocates for less intrusive government oversight of telecommunications support the migration from regulation by an expert agency to the use of judicial remedies largely guided by antitrust/competition policy principles. They believe that reviewing courts can resolve disputes after they...

This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward...