27582 FCLJ 63-2 Text C3

EDITOR’S NOTE Welcome to the second Issue of the sixty-third Volume of the Federal Communications Law Journal, the nation’s premier communications law journal and the official journal of the Federal Communications Bar Association. The Journal staff is excited to present the Symposium Articles and the Notes in this Issue. The Issue begins with a series of Articles presenting analysis of the intersection between engineering principles in the Internet and broadband policy. The Articles included here are the result of a Symposium that took place at the University of Pennsylvania’s Center for Technology, Innovation and Competition on May 6–7, 2010. The conference, “Rough Consensus and Running Code: Integrating Engineering Principles into the Internet Policy Debates,” brought together a number of engineering, policy, regulatory, academic, and Internet experts to discuss the architecture of the Internet and the interaction between that technical structure and broadband policy. Christopher Yoo, professor of law at the University of Pennsylvania, provides an introduction to the following pieces, as well as an overview of the presentations made at the conference last May. He emphasizes the discussions’ focus on the technical considerations of the Internet and the important role of such considerations on the formation of broadband policy. The first Article in the Symposium series, which represents a sampling of the presentations from the conference, is by Marjory Blumenthal, associate provost and academic at Georgetown University, and David Clark, senior research scientist at the MIT Computer Science and Artificial Intelligence Laboratory. They present an expansion on the discussion of the end-to-end argument, focusing on the role of trust in decision making with respect to applications that use the Internet. Through this interpretation of the end-to-end argument, they emphasize the importance of the end user’s control over trust decisions. Next, Andrea Matwyshyn, assistant professor of Legal Studies and Business Ethics at the Wharton School at the University of Pennsylvania, presents a discussion of the ways users interact with technology. She frames her argument in developmental psychology and discusses the implications of these interactions on data privacy law. Professor Matwyshyn calls for user resilience on the Internet as a basis for a more secure information technology marketplace. Dirk Grunwald, the Wilfred and Caroline Slade Endowed Professor in the Department of Computer Science, the Department of Electrical and Computer Engineering, and the Interdisciplinary Telecommunications Program at the University of Colorado, next tackles the network neutrality debate. In doing so, he explores the architecture of “cloud computing” and other services that can enable competition for services, content, and innovation. He argues for a cautious approach to the regulation of potentially anti-competitive practices in the Internet. In the next Article, Charles Jackson, an electrical engineer and adjunct professor at The George Washington University who has extensive experience in communications and wireless, presents a discussion of congestion and congestion control in the Internet. Dr. Jackson discusses the potential role for priority routing in wireless and the impact of regulation on such priority routing. He emphasizes the possibility of increased efficiency and decreased costs through the implementation of priority routing and other forms of congestion control. In the final Symposium Article, Christian Sandvig, associate professor of communication at the University of Illinois at Urbana- Champaign, turns the discussion to spectrum and the potential impact of the open spectrum model on wireless telecommunications and communication law. Professor Sandvig explores the subject through case studies involving private entrepreneurs and competing Wireless Internet Service Providers, providing theories as to what these case studies mean for the future of open spectrum regimes. The Issue then shifts to our Notes, written by third-year members of the Journal staff. The first Note is authored by myself, and focuses on shifts in the media landscape and how those shifts impact the access to media test in defamation law. I specifically focus on the ubiquity of social networking in today’s media environment and the effect on the distinction between public and private figures. Next, Alicia Sanders offers an argument regarding the Computer Fraud and Abuse Act and the unique nature of e-book purchases. She argues that the CFAA offers consumers protections that are tailored to the unique nature of e-book ownership, which amounts to a bargained-for set of rights in a file. Finally, Joshua Robare takes a close look at television accessibility for the visually impaired. Mr. Robare argues that new legislation or increased funding would afford video descriptions the same wide acceptance and use as closed captioning. The Editorial Board would like to express its appreciation to the Authors for their contributions and cooperation throughout the editing process. We would also like to extend our gratitude to the Federal Communications Bar Association for its continued support and guidance. Finally, we would like to thank the editors and staff of the Journal who worked diligently over these past few months to prepare these Articles and Notes for publication. The Journal is committed to providing its readership with broad coverage of interesting and important communications topics, and we sincerely appreciate the continued support of contributors and readers alike. As always, we welcome your feedback or submissions—any questions or comments you might have about this Issue or our future issues can be sent to [email protected], and any submissions for consideration in our future issues should be sent to [email protected]. Finally, this Issue and past issues can be accessed at http://law.indiana.edu/fclj. Ann E. O’Connor Editor-in-Chief FEDERAL COMMUNICATIONS LAW JOURNAL VOLUME 63 2010–2011 NUMBER 2 Editor-in-Chief ANN E. O’CONNOR Senior Managing Editor Senior Production Editor JESSICA FARLEY PATRICK J. SMITH Senior Articles Editor Senior Notes Editor KIERSTEN A. KAMMAN JESSICA P. MEREDITH Executive Editor JULIE A. JANSEN Articles Editors Managing Editors Notes Editors BRANDON J. ALMAS CARIDAD AUSTIN RICHARD Y. CHASNEY NOAH PRILUCK JESSICA E. BAUML NATHAN T. GEORGE SETH L. WILLIAMS SARAH E. CALDWELL ANTHONY C. MAREK T. ALLON RENFRO ELIZABETH H. STEELE JOSHUA A. ROBARE ALLISON Z. WEIMER Review Editor CHRISTINE L. ZOOK Website Editor JUSTIN D. RODDYE MATTHEW J. PISCHE Editorial Staff ALLISON N. CARDINAL COLLIN P. MCCREADY ALICIA C. SANDERS LAUREN E. DIMMITT MICHAEL M. MORRIS CHRISTOPHER L. TUCKER LORI A. JOHNSTON RACHEL B. WETZEL Associates JOSHUA P. ASTIN BRANDON T. HARVEY BRIAN T. NOACK IVO A. AUSTIN CHRISTA M. HIBBARD JAMES G. PARKER AMBER N. BENSON DANIEL A. HUNTLEY CHRISTOPHER A. PIERCE JESSICA L. BERGER SARAH L. KELLOGG CAMERON E. ROBINSON ISABELLA H. BRAVO ANGELUS T. KOCOSHIS EVAN T. SAROSI ARIEL Y. BUBLICK MATTHEW W. KROUSE DREW T. SIMSHAW KELLY A. BURKHART TIMOTHY M. KUBIK JUSTIN O. SORRELL JERRY U. CARTER ERIN M. LANGE SUSAN L. TANNER BRANDON M. COPELAND BRITTANY E. MCCLURE MARIO TRETO JR. VERONICA M. CORSARO JAY C. MCVEY CASEY J. TROYER EWA C. DAWSON TRENTON B. MORTON MATHEW D. WIERWILLE Faculty Advisor PROFESSOR JODY L. MADEIRA Published by the INDIANA UNIVERSITY MAURER SCHOOL OF LAW and the FEDERAL COMMUNICATIONS BAR ASSOCIATION Federal Communications Law Journal The Federal Communications Law Journal is co-published by the Federal Communications Bar Association and the Indiana University Maurer School of Law. The Journal publishes three issues per year, including articles, student notes, commentaries, and book reviews examining a wide range of domestic and international communications and information issues, including telecommunications, the First Amendment, broadcasting, telephony, computers, mass media, intellectual property, communications and information policy making, and related fields. As the official journal of the Federal Communications Bar Association, the Journal is distributed to the Association’s more than 2,000 members and almost 400 additional legal practitioners, industry experts, government officials, and academics. The Journal is also distributed by Westlaw and Lexis and is available on the Internet at http://www.law.indiana.edu/fclj. The Journal is managed by a student Editorial Board, in cooperation with the Law Journal Committee and Editorial Advisory Board of the FCBA, and a Faculty Advisor. Federal Communications Bar Association The Federal Communications Bar Association is a nonprofit member-supported organization of attorneys and other professionals, including engineers, consultants, economists, and government officials, involved in the development, interpretation, and practice of communications law and policy. The FCBA promotes fairness and efficiency in the development and application of communications law and policy at all levels of government; excellence and integrity in the profession; education and training for those involved in communications law and policy; and equality of opportunity in the profession of law. Founded in 1936, the FCBA has more than 2,500 members, the majority of whom are lawyers who practice in the metropolitan Washington, D.C. area. The FCBA’s roster also includes members from almost all of the fifty states, several territories, and many foreign countries. The FCBA is represented as an affiliated organization

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