Communications and Internet Law

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Overview

Media may be broadly grouped into two categories: print media, which includes newspapers, magazines and books, and telecommunications media, which includes radio, television, wire, satellite, cable, and the Internet. Some media laws—such as the First Amendment, state defamation and invasion of privacy laws, and federal and state open government laws—impact all forms of media. Other media laws, such as Federal Communications Commission (FCC) regulations, target only telecommunications.

First Amendment: Freedom of the Press

The First Amendment to the U.S. Constitution provides that "Congress shall make no law...abridging the freedom...of the press." This provision now protects the freedom of the press from government interference, subject to some limitations. Judicial precedent has given Congress the authority to balance competing interests and create some limitations on free speech. For example, the FCC regulates obscene and indecent speech on the radio and television.

Reporters' Privilege: Shield Laws

A reporters' privilege refers to the limited First Amendment right many jurisdictions in the United States have given to journalists. This privilege, which comes from statutory law or judicial decisions, allows journalists to protect their confidential sources from disclosure and varies by state as to who may assert the privilege, what types of confidential information are protected, and the types of proceedings during which the privilege may be asserted.

Traditionally, states have only extended the reporters' privilege to individuals working for mainstream news media organizations. However, in California, an appeals court ruled that the same shield laws that protect print and broadcast journalists also protect online reporters, commentators and bloggers.

No federal shield law exists. In recent years, journalists have pressed Congress harder for one, particularly in the wake of the Central Intelligence Agency (CIA) leak scandal, in which federal investigators subpoenaed reporters who learned the name of undercover CIA agent Valerie Plame in order to learn what government sources leaked the information to the press. The reporters refused to comply with the federal grand jury subpoenas, asserting reporters' privilege. However, the courts rejected the claims for privilege and jailed reporter Judith Miller of The New York Times for not complying with the subpoena. Congress took up the issue of reporters' privilege in 2005 with the introduction of the Free Flow of Information Act of 2005, a shield law designed to protect reporters who seek to protect their anonymous sources in federal court proceedings. The bill did not become federal law and reporters may not rely on a reporters' privilege to avoid federal subpoenas.

The U.S. Department of Justice adheres to self-imposed guidelines for use of subpoenas, which are intended to protect the press by requiring that "all reasonable attempts should be made to obtain information from alternative sources" before issuing a subpoena to a journalist.

Federal Regulation of the Media

Several federal statutes seek to ensure the freedom of the press guaranteed by the First Amendment, such as the Freedom of Information Act and the Privacy Act. The Freedom of Information Act of 1966 (FOIA) applies to the federal government and allows citizens or organizations to request information from federal sources. This law specifies procedures for applying for documents from federal agencies, which are subject to penalties for failing to process a petition for information. FOIA has nine exemptions that may prevent the release of some information, such as those protecting individuals' privacy and national security interests. The Privacy Act of 1974 is a similar federal law that provides access to government documents.

The Communications Act of 1934 (47 U.S.C. § 151 et seq.) created the Federal Communications Commission (FCC), which regulates interstate and foreign communications by radio, television, wire, satellite, and cable. The FCC replaced the Federal Radio Commission, created by the 1927 Radio Act, in order to combine telecommunication regulation of all wired and wireless services. FCC jurisdiction covers all 50 states, the District of Columbia, and U.S. possessions, and it is responsible for processing applications for radio and television station licenses and other filings, addressing listener and viewer complaints, conducting investigations, and developing and implementing regulations to protect the public interest in the airwaves. Separate branches of the FCC oversee different forms of media.

Congress overhauled the Communications Act of 1934 when it enacted the Telecommunications Act of 1996 with the goal of deregulating the telecommunication industry. The new law created comprehensive regulations for radio and television broadcasting, cable television and telephone services, Internet and on-line computer services, and telecommunications equipment manufacturing. In 1998, Congress enacted the Digital Millennium Copyright Act (DMCA), which prohibits the making or selling of devices or services that are used to circumvent copy protection methods.

Media Regulation by States

State laws commonly affecting the media involve actions in tort for defamation, which is an untrue statement communicated to another person that harms the reputation of a person or organization, including attacks on a person's integrity, honesty, or virtue, resulting in public contempt, ridicule, or financial injury. Defamation can take two forms: libel, which is a printed form of the harmful statement; or slander, which is spoken. If a defamatory publication by the media harms a person's reputation, he or she may be entitled to money damages against the news organization. It is much easier for a private citizen to prove that his or her reputation has been harmed by libel or slander than a public official or public figure. Corporations may also sue for harm to their reputation caused by the media. Government agencies generally cannot sue for defamation.

Although the First Amendment guarantees press freedom, members of the news media must still comply with state and federal laws while reporting stories. State law and judicial decisions regulate acts committed by journalists, such as fraud, trespass, intrusion, eavesdropping and wiretapping, while reporting their stories.

All states also have passed their own, varying versions of the Freedom of Information Act that require disclosure of state and local government records, sometimes called "sunshine laws." Many states also have enacted open meetings laws. Open meetings laws do not always allow all citizens to attend meetings of state and local governments and regulatory authorities, but they do provide that media and representatives of the public can attend, and that the decisions and records be made available to the public. Some states combine their laws providing access to government records and meetings, and some states offer much broader access than others.

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Featured Cases

Skiles v. Facebook,Inc
5:2012cv00468
Filed in California Northern District Court
Type of Suit: Other Statutory Actions
Plaintiff: Stacie Skile. Defendant: Facebook, Inc.
Judge: Paul Singh Grewal
Cause Of Action: Fed. Question
(January 29, 2012)
Carroll v. Facebook, Inc.
3:2012cv00370
Filed in California Northern District Court
Type of Suit: Other Statutory Actions
Plaintiff: Julian Carroll. Defendant: Facebook, Inc.
Judge: Maria-Elena James
Cause Of Action: Fed. Question
(January 23, 2012)
Guyton v. Facebook, Inc.
3:2011cv05701
Filed in California Northern District Court
Type of Suit: Other Civil Rights
Plaintiff: Montez Guyton. Defendant: Facebook, Inc.
Judge: Jeffrey S. White
Cause Of Action: Fed. Question
(December 15, 2011)
Greenspan v. Random House, Inc. et al
1:2011cv12000
Filed in Massachusetts District Court
Type of Suit: Copyrights
Plaintiff: Aaron Greenspan. Defendant: Random House, Inc., Mezco, Inc., Benjamin Mezrich and Columbia Pictures Industries, Inc.
Judge: Robert B. Collings
Cause Of Action: Copyright Infringement
(December 12, 2011)
Burdick et al v. Facebook Inc et al
5:2011cv01214
Filed in Oklahoma Western District Court
Type of Suit: Other Statutory Actions
Plaintiff: Jacqueline Burdick. Defendant: Facebook Inc and Does One Through Ten.
Judge: David L. Russell
Cause Of Action: Fed. Question
(November 22, 2011)

More Featured Cases

Legislation

Bill Signed by President: S.602 Child Safe Viewing Act of 2007
A bill to develop the next generation of parental control technology.
December 01, 2008: Signed by President.
(November 30, 2008)
Bill Enacted: H.R.7084 Webcaster Settlement Act of 2008
To amend section 114 of title 17, United States Code, to provide for agreements for the reproduction and performance of sound recordings by webcasters.
October 15, 2008: Became Public Law No: 110-435.
(October 14, 2008)
Bill Signed by President: H.R.928 Improving Government Accountability Act
To amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes.
October 13, 2008: Signed by President.
(October 12, 2008)
Bill Enacted: S.3477 Presidential Historical Records Preservation Act of 2008
A bill to amend title 44, United States Code, to authorize grants for Presidential Centers of Historical Excellence.
October 12, 2008: Became Public Law No: 110-404.
(October 11, 2008)
Bill Enacted: S.3325 The Enforcement of Intellectual Property Rights Act of 2008
A bill to enhance remedies for violations of intellectual property laws, and for other purposes.
October 12, 2008: Became Public Law No: 110-403.
(October 11, 2008)

More Legislation

Regulations

Proposed Rule - Outage Reporting to Interconnected Voice Over Internet Protocol Service and ...
Federal Communications Commission
Proposed Rule
Outage Reporting to Interconnected Voice Over Internet Protocol Service and Broadband Internet Service Providers
,
33686-33699 [2011-14311]
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 4 [PS Docket No. 11-82; FCC 11-74] Proposed Extension of Part 4 of the Commission's Rules Regarding Outage Reporting to Interconnected Voice Over Internet Protocol Service Providers and Broadband Internet Service Providers AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The purpose of this document is to seek comment on a proposal to extend the Commission's communications outage reporting requirements to... [read document]
View Document | Download PDF
(June 8, 2011)
Rule - Television Broadcasting Services: Nashville, TN
Federal Communications Commission
Rule
Television Broadcasting Services:
Nashville, TN
,
33656-33657 [2011-14313]
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 11-29; RM-11622, DA 11-949] Television Broadcasting Services; Nashville, TN AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Commission grants a petition for rulemaking filed by NewsChannel 5 Network, LLC (``NewsChannel 5''), the licensee of WTVF(TV), requesting the substitution of channel 25 for channel 5 at Nashville. According to NewsChannel 5, after WTVF(TV) transitioned from its pre-transition... [read document]
View Document | Download PDF
(June 8, 2011)
Rule - Maritime Communications
Federal Communications Commission
Rule
Maritime Communications
,
33653-33656 [2011-14314]
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2, 80 and 90 [WT Docket No. 04-344; FCC 11-80] Maritime Communications AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document, the Federal Communications Commission (Commission or FCC) denies a petition for reconsideration of the period in which inland VPCSA incumbents must vacate Channel 87B, and declines to extend this period generally to non-AIS operations because such an extension would undermine the primary... [read document]
View Document | Download PDF
(June 8, 2011)
Proposed Rule - Provisions of Fixed and Mobile Broadband Access, Educational and Other Advanced ...
Federal Communications Commission
Proposed Rule
Provisions of Fixed and Mobile Broadband Access, Educational and Other Advanced Services:
2150-2162 and 2500-2690 MHz Bands
,
32901-32906 [2011-14001]
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 27 [WT Docket No. 03-66; RM-11614; FCC 11-81] The Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: In this document, the Commission seeks comment on a proposal to use wider channel bandwidths for the provision of broadband services in certain spectrum bands. Specifically, we consider changes to... [read document]
View Document | Download PDF
(June 6, 2011)
Rule - Cable Landing Licenses; Correction
Federal Communications Commission
Rule
Cable Landing Licenses; Correction
,
32866-32867 [2011-14009]
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [DA 11-668] Cable Landing Licenses; Correction AGENCY: Federal Communications Commission. ACTION: Correcting amendment. SUMMARY: This document contains a corrected mailing address for the Defense Information Systems Agency in the regulations that we published in the Federal Register of January 14, 2002, 67 FR 1615. DATES: Effective June 7, 2011. FOR FURTHER INFORMATION CONTACT: Adrienne Downs at (202) 418-0412 or JoAnn Sutton at (202) 418-1372 of... [read document]
View Document | Download PDF
(June 6, 2011)

More Regulations

Articles

The Internet as a Game Changer: Reevaluating the True Threats Doctrine
Texas Tech Law Review, Vol. 44, p. 183, 2011, Georgia State University College of Law, Legal Studies Research Paper No. 2012-01 Eric Segall Georgia State University College of Law Date Posted: February 14, 2012 Accepted Paper Series 8 downloads CyberInfants Pepperdine Law Review, Vol. 39, pp. 225-278, 2012 Cheryl B. Preston Brigham Young University - J. Reuben Clark Law School Date Posted: February 13, 2012 Accepted Paper Series 4 downloads The Facebook Disruption: How Social Media May Transform Civil Litigation and Facilitate Access to Justice Arkansas Law Review, Forthcoming, Case Legal Studies Research Paper No. 2012-5 Cassandra Burke Robertson Case Western Reserve University School of Law Date Posted: February 13, 2012 Last Revised: February 17, 2012
(February 16, 2012)
Creativity, Improvisation, and Risk:Copyright and Musical Innovation
Notre Dame Law Review, Vol. 86, No. 5, p. 1829, 2011, UC Irvine School of Law Research Paper No. 2012-7 Olufunmilayo Arewa University of California, Irvine School of Law Date Posted: February 17, 2012 Accepted Paper Series Wet Draait Door: 'Wetsvoorstel' FICQ tegen Neptweets geen Goed Idee (Why FICQ's 'Legislative Proposal' Against Identity Theft on Twitter and Other Social Media Is a Bad Idea) Mediaforum, Vol. 2, p. 37, 2012 Alexander Tsoutsanis Leiden Law School Date Posted: February 15, 2012 Accepted Paper Series 5 downloads Blurred Boundaries: Social Media Privacy and the Twenty-First-Century Employee American Business Law Journal, Vol. 49, No. 1, pp. 63-124, 2012 Patricia SÃ¡nchez Abril , Avner Levin and Alissa Del Riego University of Miami Business Law Dept. , Ryerson University, Ted Rogers School of Management and affiliation not provided to SSRN Date Posted: February 14, 2012 Accepted Paper Series 5 downloads Conflicting Issues and Challenges Related to Common Property Management and Customary Rights of the Indigenous People of Chittagong Hill Tracts in Bangladesh Monjurul Ahsan Center for Natural Resource Studies Date Posted: February 14, 2012 Last Revised: February 16, 2012
(February 15, 2012)
Symposium Overview: Perspectives on Innovative Marriage Procedure
Michigan State Law Review, Vol. 2011, p. 1, 2011, MSU Legal Studies Research Paper No. 10-02 Mae Kuykendall and Adam Candeub Michigan State University College of Law and Michigan State University College of Law Date Posted: February 14, 2012 Last Revised: February 15, 2012
(February 14, 2012)
How to Determine Whether a Traffic Management Practice is Reasonable
TPRC 2009 Scott Jordan and Arijit Ghosh University of California, Irvine - Donald Bren School of Information and Computer Sciences and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 2 downloads Infrastructure Indicators as a Window into Understanding International Internet Growth and Development TPRC 2009 Kiran Duwadi and Irene Wu Government of the United States of America, Federal Communications Commission (FCC), International Bureau, Strategic Analysis and Negotiations Division and Georgetown University - Communications, Culture, and Technology Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Spectrum Auction Design TPRC 2009 Peter Cramton University of Maryland - Department of Economics Date Posted: February 06, 2012 Accepted Paper Series 3 downloads State-Level Cybersecurity Policy Review, No. 171, February/March 2012 Michael J. Glennon Tufts University - The Fletcher School of Law and Diplomacy Date Posted: February 06, 2012 Accepted Paper Series 6 downloads The Evolution of Internet Congestion TPRC 2009 Steven Bauer , David D. Clark and William Lehr Massachusetts Institute of Technology (MIT) - Laboratory for Computer Science (LCS) , Massachusetts Institute of Technology (MIT) and Massachusetts Institute of Technology (MIT) Date Posted: February 06, 2012 Accepted Paper Series 1 downloads The Internet and Local Wages: Convergence or Divergence? TPRC 2009 Chris Forman , Avi Goldfarb and Shane M. Greenstein Georgia Institute of Technology - College of Management , University of Toronto - Rotman School of Management and Northwestern University - Kellogg School of Management Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Using Online Tools to Estimate the Geographic and Demographic Profile of Potential Business Software Piracy in China Kyle Hutzler and Katherine Linton Yale University and affiliation not provided to SSRN Date Posted: February 06, 2012 Working Paper Series 2 downloads Will the Web Break? Philosophical Transactions of the Royal Society A, Forthcoming Jonathan Zittrain Harvard Law School and Kennedy School Date Posted: February 06, 2012 Accepted Paper Series 10 downloads Chinese Internet Sovereignty INSTANTANE 2012, pp. 44-53, PolitisLab, 2012 Min Jiang University of Pennsylvania - Center for Global Communication Studies Date Posted: February 05, 2012 Accepted Paper Series 4 downloads Infancy Doctrine Inquiries Santa Clara Law Review, Vol. 52, pp. 47-80, 2012 Cheryl B. Preston and Brandon T. Crowther Brigham Young University - J. Reuben Clark Law School and Brigham Young University - J. Reuben Clark Law School Date Posted: February 05, 2012 Last Revised: February 09, 2012
(February 8, 2012)
Online, Distance Legal Education as an Agent of Social Change
Pacific McGeorge Global Business & Development Law Journal, Vol. 24, pp. 95, 2011, NYLS Clinical Research Institute Paper No. 02/12 Michael L. Perlin New York Law School Date Posted: February 11, 2012 Accepted Paper Series 4 downloads Reverse Engineering Informational Privacy Law Michael Birnhack Tel Aviv University - Buchmann Faculty of Law Date Posted: February 10, 2012 Working Paper Series 42 downloads Top 10 Law School Home Pages of 2011 Journal of Law, Vol. 2, (Journal of Legal Metrics, Vol. 1), No. 1, pp. 25-52, 2012 , Georgetown Public Law Research Paper No. 12-012 Roger V. Skalbeck Georgetown University Law Center Date Posted: February 10, 2012 Accepted Paper Series 90 downloads Infrastructure: the Social Value of Shared Resources (Introduction) B. Frischmann, INFRASTRUCTURE: THE SOCIAL VALUE OF SHARED RESOURCES, Oxford University Press, 2012 Brett M. Frischmann Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: February 09, 2012 Accepted Paper Series 5 downloads Major Changes in Asia Pacific Data Privacy Laws: 2011 Survey Privacy Laws & Business International Report, Issue 113: 1, pp. 5-14, October 2011, UNSW Law Research Paper No. 2012-3 Graham Greenleaf Faculty of Law, University of New South Wales Date Posted: February 09, 2012 Accepted Paper Series 6 downloads Privacy Enforcement Strengthens in Australia & New Zealand Privacy Laws & Business International Report, Issue 115, February 2012, UNSW Law Research Paper No. 2012-4 Graham Greenleaf and Katrine Evans Faculty of Law, University of New South Wales and Government of New Zealand - Office of the New Zealand Privacy Commissioner Date Posted: February 09, 2012 Accepted Paper Series 7 downloads Voices of Many or a Few? Predicting Active Engagement with Participatory Web Sites TPRC 2009 Eszter Hargittai affiliation not provided to SSRN Date Posted: February 07, 2012 Accepted Paper Series What's at Stake for Tribes? â The U.S. Department of Justice Office of Legal Counsel Opinion on Internet Gaming, Testimony of Dean Kevin K. Washburn, Oversight Hearing Before the United States Senate Committee on Indian Affairs, 112th Congress, Second Session Kevin K. Washburn University of New Mexico - School of Law Date Posted: February 07, 2012 Working Paper Series 72 downloads Do Municipal Broadband Networks Foster Network Competition?: Case Study Evidence from the Netherlands TPRC 2009 Bert M. Sadowski and Marcel de Pender Eindhoven University of Technology (TUE) and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Getting Beyond the Usual Suspects: Policy and Culture in ICT Adoption TPRC 2009 Dawn Nafus , Philip N. Howard and Ken Anderson Intel Corp. - Intel Lab , Department of Communication, University of Washington and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Global Data Privacy Laws: 89 Countries, and Accelerating Privacy Laws & Business International Report, Issue 115, Special Supplement, February 2012, Queen Mary School of Law Legal Studies Research Paper No. 98/2012 Graham Greenleaf Faculty of Law, University of New South Wales Date Posted: February 06, 2012 Last Revised: February 09, 2012
(February 8, 2012)

News

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Blogs

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Communications and Internet Law

Overview

First Amendment: Freedom of the Press

Reporters' Privilege: Shield Laws

Federal Regulation of the Media

Media Regulation by States

Featured Cases

Skiles v. Facebook,Inc

Carroll v. Facebook, Inc.

Guyton v. Facebook, Inc.

Greenspan v. Random House, Inc. et al

Burdick et al v. Facebook Inc et al

Legislation

Bill Signed by President: S.602 Child Safe Viewing Act of 2007

Bill Enacted: H.R.7084 Webcaster Settlement Act of 2008

Bill Signed by President: H.R.928 Improving Government Accountability Act

Bill Enacted: S.3477 Presidential Historical Records Preservation Act of 2008

Bill Enacted: S.3325 The Enforcement of Intellectual Property Rights Act of 2008

Regulations

Proposed Rule - Outage Reporting to Interconnected Voice Over Internet Protocol Service and ...

Rule - Television Broadcasting Services: Nashville, TN

Rule - Maritime Communications

Proposed Rule - Provisions of Fixed and Mobile Broadband Access, Educational and Other Advanced ...

Rule - Cable Landing Licenses; Correction

Articles

The Internet as a Game Changer: Reevaluating the True Threats Doctrine

Creativity, Improvisation, and Risk:Copyright and Musical Innovation

Symposium Overview: Perspectives on Innovative Marriage Procedure

How to Determine Whether a Traffic Management Practice is Reasonable

Online, Distance Legal Education as an Agent of Social Change

News

Blogs

Maxwell Charles Livingston Esq.

Kimberly K. Schreiber

Cedulie Renee Laumann

Mark A. Siesel

Burton A. Padove

Andrew Bresalier