2014 National Lawyers Convention
In today’s rapidly evolving telecommunications landscape, the development of new technologies and distribution platforms are driving innovation and growth at a breakneck speed across the Internet ecosystem. Broadband connectivity is increasingly important to our civil discourse, our economy, and our future. What is the proper role of government in facilitating robust investment and competition in this critical sector? When technology companies constantly have to reinvent themselves and adapt to survive – what role should government play? Our panel of experts will discuss the current regulatory environment and how government policies – particularly regarding transactions and the Open Internet proceeding – could affect the competitive marketplace.
The Federalist Society's Telecommunications & Electronic Media Practice Group presented this panel on "Competition Policy in the Telecommunications Space" on Thursday, November 13, during the 2014 National Lawyers Convention.
- Mr. Gene Kimmelman, President and CEO, Public Knowledge
- Hon. Maureen K. Ohlhausen, Federal Trade Commission
- Hon. Michael O’Rielly, Federal Communications Commission
- Prof. Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, and Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School
- Moderator: Hon. Stephen F. Williams, Senior Circuit Judge, U.S. Court of Appeals, D.C. Circuit
Mayflower Hotel Short video with Orin Kerr discussing Elonis v. United States
Orin S. Kerr September 26, 2014
Prof. Orin Kerr previews the upcoming Supreme Court case which concerns when it is a federal crime to make threatening statements, including messages or postings on social networking web sites such as Facebook. Telecommunications & Electronic Media Practice Group Podcast
After suffering two judicial setbacks already, most recently in the D.C. Circuit’s Verizon v. FCC decision this past January, the Federal Communications Commission is once again proposing to adopt new net neutrality regulations. The proposed regulations would bar internet service providers from blocking access to any lawful website or from engaging in commercially unreasonable practices. A key aspect of the FCC’s proposal drawing considerable attention concerns whether the FCC should bar so-called paid prioritization of internet traffic.
In this Teleforum, three experts with divergent views addressed whether there is any need for the FCC to adopt any new neutrality regulations and, if so, whether the agency possesses the legal authority to do so. Two principal legal theories that may support FCC action were discussed – using the FCC’s existing authority under Section 706 of the Communications Act or classifying internet service providers as common carriers under Title II of the Act. The panelists also discussed the most important question of all: whether and how net neutrality regulation might affect consumer welfare.
International & National Security Law Practice Group Podcast
- Maureen K. Ohlhausen, Commissioner, Federal Trade Commission
- Prof. Daniel Lyons, Boston College Law School
- Michael Weinberg, Vice President, Public Knowledge
- Moderator: Randolph J. May, President, The Free State Foundation
The recent discussion of whether the National Security Agency knew about and exploited the Heartbleed bug demonstrates a larger cybersecurity dilemma. The NSA has two missions: conducting foreign cyber spying operations and protecting key U.S. cyber networks from external breach. In carrying out these missions, there is an inherent tension whenever a vulnerability is discovered. "Zero-day vulnerabilities" are software defects that are unknown before they are exploited. When should they be exposed and eliminated, and when should they be preserved and exploited? Encryption protects privacy and communications security. When, if ever, should the NSA seek to subvert, undermine, or weaken the encryption systems of commercially available software?
- Paul Rosenzweig, former Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security, and Principal, Red Branch Law and Consulting
- Chris Soghoian, Principal Technologist and Senior Policy Analyst, Speech, Privacy and Technology Project, American Civil Liberties Untion
- Moderator: Vincent J. Vitkowsky, Partner, Seiger Gfeller Laurie LLP