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Volume 69.3 Full Issue EDITOR’S NOTE Welcome to the third issue of Volume 69 of the Federal Communications Law Journal (“FCLJ”), the official journal of the Federal Communications Bar Association (“FCBA”). Over the summer, the FCLJ welcomed 50 new talented individuals to our membership. Our team has worked tirelessly to create a satiating Annual Review issue that encompasses a range of topics, including data security regulation, media ownership rules, Open Data Initiatives (“ODIs”), and international cybersecurity regimes. In the first Note, Alex Bossone addresses the lack of federal consumer data security regulation in an age where consumers suffer from identity thefts and cyber-attacks. Mr. Bossone suggests an augmentation of the FTC’s existing data security powers and an emulation of the FCC Enforcement Bureau’s approach to mandate an effective legal framework. In the second Note, Bryan Schatz explores the shortcomings of the current media ownership rules. Mr. Schatz proposes solutions that can free up the Quadrennial Review and help the FCC promulgate and enforce new media ownership rules. In the third Note, Monica Savukinas examines how the Obama administration encouraged federal agencies to use ODIs for innovation. Ms. Savukinas suggests that the FCC use ODIs through prize contests, hackathons, and open dialogue with developers, as part of its innovation policy. This issue also features an interesting article on international cybersecurity, penned by Zahra Dsouza, who is currently a Law Clerk at Kohn Swift & Graf P.C. and an LL.M. graduate of Temple University Law School. Noting the growing problem of malicious cybersecurity incidents, Ms. Dsouza assesses the futility of Cybersecurity Incident Response Teams (“CSIRTs”) as a response to such incidents, as they have been without a clear mandate. Ms. Dsouza proposes structural recommendations that may enable CSIRTs to respond to cybersecurity incidents at a global level. Finally, the FCLJ proudly presents a series of case briefs to provide an overview of the significant legal movements in the communications law field in the past year. The editorial board is grateful for the support of the FCBA and The George Washington University Law School this year, as we have enjoyed the addition of new FCLJ Committee members, adjunct professors, and faculty advisor. For this issue, the FCLJ sends a special thanks to the lawyers who shared their insights at the FCC’s Year-in-Review CLE Seminar, as the event has provided the editorial board with guidance on structuring the case briefs. We welcome your feedback or questions to [email protected], and please direct article submissions to [email protected]. This issue and our archive will be available at www.fclj.org. Jane Lee Editor-in-Chief Editor-in-Chief JANE LEE Senior Managing Editor Senior Production Editor DONALD L. CROWELL III HALEIGH S. DAVIS Senior Articles Editor Senior Notes Editor CASSANDRA HORTON ALISON CHEPERDAK Senior Publications Editor Executive Editor DEVRON BROWN ROSIE BRINCKERHOFF Managing Editors Articles Editors Production Editor Notes Editors RYAN FARRELL ERICA PERLMUTTER KRISTIN CAPES ROSIE BRINCKERHOFF OMID RAHNAMA MCKENZIE SCHNELL ANTIONETTE CARRADINE AMY LOPEZ CHRISTINA REESE Associates LINDSEY BERGHOLZ SAMANTHA DORSEY TINA DUKANDAR MICHAEL FARR KATHERINE GRABAR DYLAN KNIGHT BETHANY KRYSTEK AUSTIN POPHAM JARRED RAMO ADAM SANDLER NEGHEEN SANJAR PHIL TAFET MICHAEL WALLACE Members IRELA ALEMAN AANJALI' ANDERSON JOY BAGWELL ABIGAIL BECNEL BRETT BENNETT JUSTIN CONIARIS STEPHEN CONLEY YEH DAHM KWEON AUSTIN DE SOTO ERICA DEL VALLE ANH DO SENRUI DU HISHAM EL MAWAN CHRISTOPHER FREY AARON GUSHIN WILLIAM F. HANRAHAN JR. TIMOTHY HARTMAN DANIELLE HERNANDEZ KIMBERLY HONG GEORGE HORNEDO LEIGH IDLEMAN KRISTA JOHNSON KURT KESSLER ALICIA KINGSTON KATHERINE KREMS SEUNG KWAN SHIN CHRISTY LEWIS TESS MACAPINLAC GEVORG MARGARYAN MARINE MARGARYAN NA NA JEON DANIELLE NEAL CHRISTA NICOLS LAURA NOWELL CASEY PATCHUNKA JOSEPH QUARCOO KEVIN ROAN JOHN ROBERTS ALAA SALAHELDIN DESPENA SARAMADIS BISMA SHAHBAZ DANIEL SMALL JUN SONG BYRON STARKEY AYESHA SYED LAURA TAVERAS LANTIGUA BROOKE T HOMPSON MILLICENT USORO JOHN WOOD JU YUN SON Faculty Advisors PROFESSOR ARTURO CARRILLO PROFESSOR DAWN NUNZIATO Adjunct Faculty Advisors JODIE GRIFFIN ETHAN LUCARELLI SARAH MORRIS MEREDITH ROSE SHERWIN SIY Published by THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL and the FEDERAL COMMUNICATIONS BAR ASSOCIATION Federal Communications Law Journal The Federal Communications Law Journal is published jointly by the Federal Communications Bar Association and The George Washington University Law School. The Journal publishes three issues per year and features articles, student notes, essays, and book reviews on issues in telecommunications, the First Amendment, broadcasting, telephony, computers, Internet, intellectual property, mass media, privacy, communications and information policymaking, and other related fields. As the official journal of the Federal Communications Bar Association, the Journal is distributed to over 2,500 subscribers, including Association members as well as legal practitioners, industry experts, government officials and academics. The Journal is also distributed by Westlaw, Lexis, William S. Hein, and Bloomberg Law and is available on the Internet at http://www.fclj.org. The Journal is managed by a student Editorial Board, in cooperation with the Editorial Advisory Board of the FCBA and two Faculty Advisors. Federal Communications Bar Association The Federal Communications Bar Association (FCBA) is a volunteer organization of attorneys, engineers, consultants, economists, government officials and law students involved in the study, development, interpretation and practice of communications and information technology law and policy. From broadband deployment to broadcast content, from emerging wireless technologies to emergency communications, from spectrum allocations to satellite broadcasting, the FCBA has something to offer nearly everyone involved in the communications industry. That is why the FCBA, more than two thousand members strong, has been the leading organization for communications lawyers and other professionals since 1936. Through its many professional, social, and educational activities, the FCBA offers its members unique opportunities to interact with their peers and decision-makers in the communications and information technology field, and to keep abreast of significant developments relating to legal, engineering, and policy issues. Through its work with other specialized associations, the FCBA also affords its members opportunities to associate with a broad and diverse cross-section of other professionals in related fields. Although the majority of FCBA members practice in the metropolitan Washington, D.C., area, the FCBA has ten active regional chapters: Atlanta, Carolina, Florida, Midwest, New England, New York, Northern California, Pacific Northwest, Rocky Mountain, and Texas. The FCBA has members from across the United States, its territories, and several other countries. FCBA Officers and Executive Committee Members 2017–2018 Julie M. Kearney, President Robert E. Branson Lee G. Petro, President-Elect Karen Brinkmann Megan Anne Stull, Treasurer Micah M. Caldwell Natalie G. Roisman, Assistant Treasurer Stacy Robinson Fuller Joshua S. Turner, Secretary Russell P. Hanser Ari Q. Fitzgerald, Assistant Secretary Diane Griffin Holland M. Anne Swanson, Delegate to the ABA Barry J. Ohlson Joiava T. Philpott, Chapter Representative Roger C. Sherman Robyn R. Polashuk, Chapter Representative Angela M. Simpson Kristine Fargotstein, Young Lawyers Representative Krista Witanowski FCBA Staff Kerry K. Loughney, Executive Director Janeen T. Wynn, Senior Manager, Programs and Special Projects Wendy Jo Parish, Bookkeeper Megan N. Tabri, Member Services Administrator/Receptionist FCBA Editorial Advisory Board Lawrence J. Spiwak Jeffrey S. Lanning Emily Harrison Jeremy Berkowitz The George Washington University Law School Established in 1865, The George Washington University Law School is the oldest law school in Washington, DC. The school is accredited by the American Bar Association and is a charter member of the Association of American Law Schools. The Law School is located on the GW campus in the downtown neighborhood familiarly known as Foggy Bottom. GW Law has one of the largest curricula of any law school in the nation with more than 250 elective courses covering every aspect of legal study. GW Law's home institution, The George Washington University, is a private, nonsectarian institution founded in 1821 by charter of Congress. The Federal Communications Law Journal is published by The George Washington University Law School and the Federal Communications Bar Association three times per year. Offices are located at 2028 G Street NW, Suite LL-020, Washington, DC 20052. The Journal can be reached at [email protected], and any submissions for publication consideration may be directed to [email protected]. Address all correspondence with the FCBA to the Federal Communications Bar Association, 1020 19th Street NW, Suite 325, Washington, DC 20036-6101. Subscriptions: Subscriptions are $30 per year (domestic), $40 per year (Canada and Mexico), and $50 per year (international). Subscriptions are to be paid in US dollars, and are only accepted on a per-volume basis, starting with the first issue. All subscriptions will be automatically renewed unless the subscriber provides timely notice of cancellation. Address changes must be made at least one month
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