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Telecommunications Law in the Internet Age

Book Description


For companies in and around the telecommunications field, the past few years have been a time of extraordinary change-technologically and legally. The enacting of the Telecommunications Act of 1996 and the development of international trade agreements have fundamentally changed the environment in which your business operates, creating risks, responsibilities, and opportunities that were not there before.


Until now, you'd have had a hard time finding a serious business book that offered any more than a cursory glance at this transformed world. But at last there's a resource you can depend on for in-depth analysis and sound advice. Written in easy-to-understand language, Telecommunications Law in the Internet Age systematically examines the complex interrelationships of new laws, new technologies, and new business practices, and equips you with the practical understanding you need to run your enterprise optimally within today's legal boundaries.

* Offers authoritative coverage from a lawyer and telecommunications authority who has been working in the field for over three decades.
* Examines telecommunications law in the U.S., at both the federal and state level.
* Presents an unparalleled source of information on international trade regulations and their effects on the industry.
* Covers the modern telecommunications issues with which most companies are grappling: wireless communication, e-commerce, satellite systems, privacy and encryption, Internet taxation, export controls, intellectual property, spamming, pornography, Internet telephony, extranets, and more.
* Provides guidelines for preventing inadvertent violations of telecommunications law.
* Offers guidance on fending off legal and illegal attacks by hackers, competitors, and foreign governments.
* Helps you do more than understand and obey the law: helps you thrive within it.

Table of Contents

  1. Cover image
  2. Title page
  3. Table of Contents
  4. Inside Front Cover
  5. Copyright
  6. Dedication
  7. Preface
  8. Chapter 1: Introduction—The New Telecommunications Environment
    1. 1.1 NEW TRANSPORT TECHNOLOGIES
    2. 1.2 CONVERGED VOICE, DATA, VIDEO, AND GRAPHICS SYSTEMS
    3. 1.3 LEGAL CHANGES
    4. 1.4 INTERNATIONAL TELECOMMUNICATIONS EQUIPMENT MARKETS
    5. 1.5 TECHNICAL STANDARDS
    6. 1.6 WHAT IS COMMUNICATED?
    7. 1.7 WITH WHOM ARE WE COMMUNICATING?
    8. 1.8 WHERE ARE WE COMMUNICATING?
    9. 1.9 NEW LOCAL ACCESS OPTIONS
    10. 1.10 UNIVERSAL SERVICE FUND SUPPORT OF INTERNET CONNECTIONS
    11. 1.11 STRUCTURAL CHANGES
    12. CONCLUSION
    13. ENDNOTES
  9. PART I: THE NEW COMPETITIVE TELECOMMUNICATIONS ENVIRONMENT
    1. Chapter 2: Competition and Regulation—A Continuing Telecommunications Cycle
      1. 2.1 COMPETITION VERSUS REGULATION—SEEKING A BALANCE
      2. 2.2 EARLY COMPETITION IN THE COMMUNICATIONS INDUSTRY
      3. 2.3 THE RISE OF THE BELL SYSTEM DOMINANCE
      4. 2.4 REGULATION OF THE COMMUNICATIONS INDUSTRY
      5. 2.5 TECHNOLOGICAL CONVERGENCE AND RENEWED COMPETITION
      6. CONCLUSION
      7. ENDNOTES
    2. Chapter 3: The Telecommunications Act of 1996
      1. 3.1 PURPOSE OF THE TELECOMMUNICATIONS ACT OF 1996
      2. 3.2 STRUCTURE AND ORGANIZATION OF THE 1996 ACT—47 U.S.C. §§ 151 et seq.
      3. 3.3 DEFINITIONS—SECTION 3 OF THE TELECOMMUNICATIONS ACT OF 1996
      4. 3.4 PROVISIONS TO OPEN THE COMPETITIVE MARKET
      5. 3.5 DUTIES AND OBLIGATIONS OF CARRIERS
      6. 3.6 CHALLENGES TO THE CONSTITUTIONALITY OF SECTION 271 REQUIREMENTS
      7. CONCLUSION
      8. ENDNOTES
    3. Chapter 4: Outstanding Issues from the Telecommunications Act of 1996
      1. 4.1 LOCAL NUMBER PORTABILITY
      2. 4.2 UNIVERSAL SERVICE
      3. 4.3 ACCESS
      4. 4.4 RECIPROCAL COMPENSATION—PAYMENT FOR TRANSPORT AND TERMINATION OF COMMUNICATIONS
      5. CONCLUSION
      6. ENDNOTES
  10. PART II: EMBRACING THE EXPANDED GLOBAL TELECOMMUNICATIONS MARKET
    1. Chapter 5: The World Trade Organization and Its Telecommunications-Related Agreements
      1. 5.1 HISTORICAL INTERNATIONAL TRADE—GOODS, NOT SERVICES
      2. 5.2 1948—THE GENERAL AGREEMENT ON TARIFFS AND TRADE
      3. 5.3 DECEMBER 1992—NORTH AMERICAN FREE TRADE AGREEMENT NAFTA
      4. 5.4 MARCH 1994—THE GLOBAL INFORMATION INFRASTRUCTURE (GII) CONCEPT IS INTRODUCED
      5. 5.5 APRIL 15, 1994—URUGUAY ROUND CONCLUDED, WTO CREATED IN MARRAKESH, MOROCCO
      6. 5.6 APRIL 24, 1996—INITIAL RESULTS OF THE NEGOTIATIONS ON BASIC TELECOMMUNICATIONS
      7. 5.7 DECEMBER 1996—SINGAPORE MINISTERIAL CONFERENCE
      8. 5.8 FEBRUARY 15, 1997—WTO AGREEMENT ON BASIC TELECOMMUNICATIONS
      9. 5.9 APRIL 15, 1997—FOURTH PROTOCOL TO GATS ADOPTED
      10. CONCLUSION
      11. ENDNOTES
    2. Chapter 6: Participating in Global Telecommunications Trade: U.S. Import and Export Laws
      1. 6.1 U.S. TRADE LAWS
      2. 6.2 U.S. EXPORT LAWS
      3. 6.3 IMPLEMENTING AGENCIES
      4. 6.4 WHAT IS EXPORTED?
      5. 6.5 TO WHOM IS THE PRODUCT EXPORTED?
      6. 6.6 HOW ARE EXPORTS CONDUCTED?84
      7. 6.7 RECORD RETENTION REQUIREMENTS
      8. 6.8 PENALTIES FOR VIOLATIONS OF EXPORT LAWS
      9. 6.9 DRAFTING INTERNATIONAL TRADE CONTRACTS
      10. 6.10 ESTABLISHING AN EXPORT COMPLIANCE PROGRAM
      11. CONCLUSION
      12. ENDNOTES
    3. Chapter 7: Licensing To Protect Telecommunications Intellectual Property
      1. 7.1 U.S. PATENT LAW
      2. 7.2 U.S. TRADEMARK LAW
      3. 7.3 U.S. TRADE SECRET LAW
      4. 7.4 U.S. COPYRIGHT LAW
      5. 7.5 THE LEGALITY OF REVERSE ENGINEERING AND RESTRICTIVE LICENSE CLAUSES
      6. 7.6 THE EUROPEAN SOFTWARE DIRECTIVE
      7. 7.7 “MUST INCLUDE” CONCEPTS FOR SOFTWARE LICENSES
      8. 7.8 MODEL LICENSE
      9. CONCLUSION
      10. ENDNOTES
  11. PART III: LEGAL ISSUES WITH ADVANCED TECHNOLOGIES
    1. Chapter 8: Privacy
      1. 8.1 INTRODUCTION
      2. 8.2 THE EVOLUTION OF A LEGAL RIGHT TO PRIVACY
      3. 8.3 FEDERAL PRIVACY LAWS PROTECTING COMMUNICATIONS IN TRANSIT AND IN STORAGE
      4. 8.4 FEDERAL PRIVACY LAWS PROTECTING PERSONAL INFORMATION IN GOVERNMENT DATABASES
      5. 8.5 FEDERAL PRIVACY LAWS PROTECTING PERSONAL BANK AND FINANCIAL INFORMATION
      6. 8.6 FEDERAL PRIVACY LAWS PROTECTING PRIVATE DATABASES FROM SEARCHES AND SEIZURES BY GOVERNMENT OFFICIALS
      7. 8.7 FEDERAL PRIVACY LAWS PROHIBITING ILLEGAL ACCESS TO PROTECTED COMPUTERS
      8. 8.8 FEDERAL PRIVACY LAWS PROHIBITING UNWANTED AND HARASSING COMMUNICATIONS
      9. 8.9 FEDERAL PRIVACY LAWS PROTECTING INFORMATION ABOUT CHILDREN
      10. 8.10 STATE PRIVACY LAWS
      11. 8.11 COLLECTION, USE, AND DISSEMINATION OF PERSONAL INFORMATION WITHOUT PERMISSION
      12. 8.12 SOLUTIONS TO COLLECTION AND USE OF INFORMATION WITHOUT PERMISSION
      13. 8.13 APPLICATION OF PRIVACY LAW TO MODERN TELECOMMUNICATIONS TECHNOLOGIES AND SERVICES
      14. 8.14 INTERNATIONAL PRIVACY CONCERNS
      15. CONCLUSION
      16. ENDNOTES
    2. Chapter 9: Encryption
      1. 9.1 ENCRYPTION TECHNOLOGY
      2. 9.2 EARLY USE OF ENCRYPTION IN THE UNITED STATES
      3. 9.3 PRIVATE-KEY CRYPTOSYSTEMS
      4. 9.4 PUBLIC-KEY CRYPTOSYSTEMS
      5. 9.5 COMPARISON OF PRIVATE-KEY AND PUBLIC-KEY ENCRYPTION TECHNOLOGIES
      6. 9.6 LAW ENFORCEMENT AND NATIONAL SECURITY CONCERNS WITH PUBLIC USE OF ENCRYPTION
      7. 9.7 INTERNATIONAL ENCRYPTION POLICIES
      8. 9.8 U.S. REACTION TO INTERNATIONAL VIEWS OF ENCRYPTION
      9. 9.9 COURT CASES REVIEWING THE U.S. ENCRYPTION EXPORT RESTRICTIONS
      10. 9.10 CHANGES IN 2000
      11. 9.10 STATE LAWS CONCERNING ENCRYPTION, KEY ESCROW, AND DIGITAL SIGNATURES
      12. CONCLUSION
      13. ENDNOTES
    3. Chapter 10: Cyberlaw: Evolving Legal Issues with the Internet
      1. 10.1 COMMERCE ON THE INTERNET
      2. 10.2 JURISDICTION
      3. 10.3 TAXATION
      4. 10.4 TRADEMARK/DOMAIN NAMES
      5. 10.5 COPYRIGHT
      6. 10.6 TRADE SECRETS
      7. 10.7 DEFAMATION ON THE INTERNET
      8. 10.8 LIABILITY OF ISPS AND COMPUTER SYSTEM OPERATORS
      9. 10.9 OBSCENITY AND VIOLENCE ON THE INTERNET
      10. 10.10 FRAUD ON THE INTERNET
      11. CONCLUSION
      12. ENDNOTES
  12. APPENDIX A: Key Documents and Decisions Concerning Local Number Portability
  13. APPENDIX B: Key Documents and Decisions Concerning Universal Service
  14. APPENDIX C: Key Documents and Decisions Concerning Access and Reciprocal Compensation
  15. APPENDIX D: Legal Instruments Embodying the Results of the Uruguay Round
  16. APPENDIX E: Membership of the World Trade Organization
  17. APPENDIX F: Commitments and Most Favored Nation Exemptions
  18. APPENDIX G: Chapters within Title 19 of the U.S. Code Customs Duties
  19. APPENDIX H: State Privacy Laws
  20. APPENDIX I: Resources to Detect and Delete Cookies
  21. APPENDIX J: State Laws Concerning Encryption, Key Escrow, and Digital Signatures
  22. Index