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Telecommunications & Electronic Media

Justice Scalia's Telecommunications Legacy - Event Audio/Video

2016 National Lawyers Convention
Richard A. Epstein, Henry Goldberg, Richard E. Wiley, Don R. Willett November 23, 2016

Justice Scalia first entered public service in 1971, when he was appointed by President Richard Nixon to serve as the General Counsel for the Office of Telecommunications Policy (“OTP") in the White House. From that day in 1971 through his dissent in the Brand X case regarding broadband classification, Justice Scalia brought a deep understanding of technology policy to his career on the Supreme Court. And of course, Justice Scalia was never one to mince words. “It would be gross understatement to say that the Telecommunications Act of 1996 is not a model of clarity. It is in many important respects a model of ambiguity or indeed even self-contradiction," he observed in AT&T Corp. v. Iowa Util. Bd. The Telecommunications & Electronic Media Practice Group has brought together a panel of experts to discuss Justice Scalia's legacy on telecommunications and media issues and discuss current litigation through the lens of his jurisprudence.

This panel was held on November 18, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Telecommunications & Electronic Media: Justice Scalia's Telecommunications Legacy
12:30 p.m. – 2:45 p.m.
Chinese Room

  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, Director, Classical Liberal Institute, New York University School of Law
  • Mr. Henry Goldberg, Goldberg, Godles, Wiener and Wright LLP
  • Mr. Richard E. Wiley, Chairman Emeritus, Wiley Rein LLP
  • Moderator: Hon. Don Willett, Texas Supreme Court

The Mayflower Hotel
Washington, DC

Is Net Neutrality Good Policy?

Short video featuring Marvin Ammori and Ajit Pai
Marvin Ammori, Ajit V. Pai November 13, 2016

Is net neutrality good for innovation? Ajit Pai, Commissioner at the Federal Communications Commission and Marvin Ammori, General Counsel of Hyperloop One, debate the FCC’s 2015 Open Internet Order and what role the government should have in regulating the Internet.

Broadband Privacy: FCC vs. FTC - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Dallas Harris, Michelle Rosenthal, Neil Chilson November 09, 2016

On October 27th, 2016, on a 3-2 party line vote, the Federal Communications Commission adopted controversial new privacy and data security rules for broadband ISPs. The FCC determined such rules were necessary because its Open Internet Order reclassified broadband providers as Title II common carriers. Prior to this reclassification, broadband ISPs operated under the generally applicable privacy and data security framework set forth by the Federal Trade Commission. However, the FCC’s new rules differ from the FTC’s framework in significant ways. Did the FCC need to adopt these new rules to protect consumers, and if so, why? Are there good reasons for these rules to differ from the FTC’s approach, which governs the rest of the Internet? What will be the practical effect of these new rules on companies, competition, and consumers? What might we see from the courts and Congress on this issue in the future? Our panelists discussed these questions and more in a lively Teleforum.

Featuring:

  • Dallas Harris, Policy Fellow, Public Knowledge, 
  • Michelle Rosenthal, Senior Corporate Counsel, T-Mobile
  • Moderator: Neil Chilson, Attorney-Advisor to Commissioner Maureen Ohlhausen, Federal Trade Commission