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Design Mandate Proposals Threaten American AI Leadership

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Scholars often cite the 1984 Betamax case as a pivotal moment in the development of modern American tech policy. The entertainment industry sought to prohibit Sony from selling its videocassette recorder, because it could be—and largely was—used by consumers for copyright infringement. But the Court declined, finding that the device was “capable of substantial noninfringing use” and limiting the studios to identifying and suing those who actually used the product illegally.

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Protecting Kids and Adults Online: Device-Level Age Authentication

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Recently, the Supreme Court heard oral arguments in Free Speech Coalition v. Paxton, which involves a constitutional challenge to a Texas age verification law for websites containing sexually explicit material. The case offers the Court the opportunity to revisit two cases decided at the dawn of the Internet Age finding such requirements violated the First Amendment. This post looks at the legal and practical arguments against the law, and asks whether shifting verification from websites to devices might alleviate some of those concerns.

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After Net Neutrality: The Return of the States

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

I recently discussed the Sixth Circuit decision classifying broadband as a Title I information service and effectively eliminating the Federal Communications Commission’s (FCC) general power to regulate broadband. But like nature, regulators abhor a vacuum. While closing the door to federal regulators, the decision also creates opportunities for states to act. This post examines the present and potential future of state-level broadband regulation.

Historically, state regulators were key players in the telecommunications space. The Communications Act of 1934 divided the telecommunications world into two neat hemispheres: The FCC regulated interstate long-distance service, while state commissions regulated local and intrastate long distance. This division of authority made sense in a world where 98 percent of calls were local, and long-distance calls were a luxury. But the Telecommunications Act of 1996 dramatically rearranged the balance of power between the federal government and the states. Meanwhile, local telephone service largely disappeared as a separate market, before communication shifted from the telephone to broadband networks. As a result, most states shuttered their telecommunications regulators early in the 21st century.

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Telegram CEO Arrest and Brazil’s X Ban Raise Free Speech and Privacy Concerns

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Last week, global headlines spotlighted two separate flashpoints in the battle by governments to police social media networks. In Paris, Telegram CEO Pavel Durov was arrested for complicity in distribution of child sexual abuse imagery. And in Brazil, a judge banned X (formerly Twitter) nationwide after the company refused to block certain users on the eve of election season.  While both incidents can be couched as failures to comply with national law, the unusually harsh remedies raise important concerns about free speech and privacy online.

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Net Neutrality, and other FCC Initiatives Jeopardized Post-Chevron

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

It has been a big week for tech policy at the Supreme Court. As my AEI colleague Clay Calvert discussed, the NetChoice cases endorsed social media platforms’ First Amendment right of editorial control. But for the Federal Communications Commission (FCC) and other agencies, Loper Bright, which overturned Chevron, looms largest. The FCC in particular has long benefited from Chevron’s command that agencies, not courts, are the primary arbiters of an ambiguous statute’s meaning. Overturning this regime, and restoring that authority to courts, is likely to pose additional challenges for net neutrality, digital discrimination, and other FCC initiatives that capitalized on ambiguous language to accomplish the agency’s policy objectives.

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Facing Cable Cord-Cutting, Cities Fight to Tax Broadband

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Broadband has been a bright spot in America’s grim inflationary landscape. While consumer prices rose 4.9 percent last year, two recent reports show that consumer broadband prices fell, both in absolute terms and cost per gigabyte. But where many see a victory, some cities sense an opportunity. Stung by declining cable franchise fees, local governments are pushing to tax broadband. This effort faces severe regulatory headwinds, but if successful could erode consumer gains and drive broadband prices higher.

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It’s a Bad Idea, Right? F– It, It’s Fine.

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This guest post by BC Law Professor Brian Quinn first appeared in the M&A Law Prof Blog.

Hi. Back again. I’ve generally taken a hiatus from blogging, but felt it important to come back and put some things on the record, as it were. If this has not been on your radar, in the past two months or so, Delaware has been on a mad rush to make some significant amendments to its corporate law. This, after having previously signaled it wasn’t going to make any amendments this year. I’ll go into each of the proposed amendments in subsequent posts and the problems I see with the process, but in this post I want to focus on one of the potential reasons for moving so quickly to make changes to the law. 

The amendment themselves are what are being called market practice amendments. Earlier this year the Chancery Court asked itself: “What happens when the seemingly irresistible force of market practice meets the traditionally immovable object of statutory law? A court must uphold the law, so the statute prevails.” Moelis. In all three of these cases, the court effectively dealt a knuckle-wrapping to practitioners.

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New York Tests FCC’s “No Rate Regulation” Pledge

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Reclassification opponents have long warned that net neutrality could be a Trojan horse for broadband rate regulation. Partly in response to this criticism, the Federal Communications Commission’s recent Title II reclassification order expressly reiterated its commitment to the agency’s long-standing, bipartisan commitment to keeping the Internet free from price controls. But even before the order had been finalized, New York’s Affordable Broadband Act began testing the strength of that commitment—and the agency’s initial response seems to be reinforcing its critics’ concerns.

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Law School in Action: Amicus Brief Clinic

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Boston College Law School gives its students a wide range of classes to take that are taught by some of the best scholars in the field. Yet, while learning about the law in a classroom is crucial to becoming a successful attorney, nothing prepares you for day-to-day practice more than getting hands-on experience before graduating. That’s where BC Law’s clinics come in.

Law students in their second and third years of study can apply for coveted spots in any of the school’s fifteen clinics. No matter what someone’s legal interest is, there’s a clinic for them! To help students better understand the opportunities available to them, the BC Law Impact Blog is highlighting each of these clinics this semester. Here is our interview with the director of the Amicus Brief Clinic, Tom Carey.

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Law School in Action: Compassionate Release and Parole Clinic

/ Tess Halpern / Leave a comment

Boston College Law School gives its students a wide range of classes to take that are taught by some of the best scholars in the field. Yet, while learning about the law in a classroom is crucial to becoming a successful attorney, nothing prepares you for day-to-day practice more than getting hands-on experience before graduating. That’s where BC Law’s clinics come in.

Law students in their second and third years of study can apply for coveted spots in any of the school’s fifteen clinics. No matter what someone’s legal interest is, there’s a clinic for them! To help students better understand the opportunities available to them, the BC Law Impact Blog is highlighting each of these clinics this semester. Here is our interview with the director of the Compassionate Release and Parole Clinic, Frank Herrmann.

Tell us about your clinic!

Prisoners who have become eligible for parole after serving at least fifteen years in prison on life sentences (“lifers”) often appear before the Massachusetts Parole Board without representation. Students help prepare these individuals for their parole release hearings, and even represent them at the hearings. Representation includes learning about a client’s life before the underlying crime; the facts of the underlying crime; the client’s institutional history; any of the client’s physical, medical, or mental health conditions; and the client’s risk to re-offend. Ordinarily, students learn about all of the above during visits with their clients in prison, though contact with clients is also sometimes conducted via Zoom and telephone due to COVID-19. Additionally, students prepare memoranda in support of parole, including re-entry plans that they draft with the help of social work students.

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