Assessing the Legality of the President’s Terrorist Surveillance Program: Balancing the Protection of Individual Liberties Against Improving National Security Through Electronic Surveillance

By Steven J. Porizo

The Terrorist Surveillance Program (TSP) is a high-tech communication signals intelligence program that we still know little about since it remains highly classified to this day. However, we do know that the TSP, by using classified and extremely cutting edge technology, “intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and organizations within this country.” The government on several occasions indicated that the TSP has been in place from at least 2002.

Legal analysis related to the validity of the TSP is an important and contemporary issue. A case that directly challenged the legality of the TSP was decided against the government in a federal District Court and was subsequently appealed to a U.S. Circuit Court. This is an issue that should concern all Americans as it directly impacts the government’s ability to protect its citizens home and abroad, yet also raises privacy concerns that all individuals cherish. Understanding the legal contours of the TSP requires finding a very delicate balance between these two paramount and fundamental objectives. In this case, it appears that the government’s need for intelligence to protect the U.S. and its citizens against future terrorist attacks takes precedence over individual’s privacy interests.

[view abstract] | [download PDF]

Out With the Old, In With the New: The FCC and the Paradox of Broadband Access Mandates

By Brian W. Murray

One of the most well-known laws is one of science—for every action, there is an equal and opposite reaction. When considering recent trends in federal communications regulation, one must wonder whether the same principle is at work.

For several years, the Federal Communications Commission (“FCC”) systematically eliminated longstanding regulatory requirements that otherwise would have forced owners of broadband platforms to give competing service providers nondiscriminatory access to their networks to assure them a means of reaching customers. The general theory was that the proliferation of networks that support broadband-based services placed competitive pressure on network owners, such that they would be pleased voluntarily to provide wholesale access to their non-facilities-based competitors in order to maximize the number of customers on their networks—without any need for a regulator to tell them to do so.

The regulatory pendulum is now swinging the other way. During the last year in particular, the FCC has demonstrated a renewed fondness for using regulation to restrain the conduct of broadband service providers and network owners, this time with a specific focus on enabling consumers to access and use broadband-capable platforms to the greatest extent possible. This trend has manifested itself through the imposition of what can loosely be described as a series of consumer-oriented “access” mandates—rules that, in one way or another, are intended to restrict service providers from binding customers to, or impairing their use of, a particular network.

[view abstract] | [download PDF]

New Syracuse Science and Technology Law Reporter Student Notes and Book Reviews Selected for Publishing

The following is a list of those student notes and book reviews selected to be published in the 2008-2009 by the Syracuse Science and Technology Law Reporter:

Student Notes Selected for Publication:

  • Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability, By Tara Lynch
  • Innovative Synergy: Patent Protection And Cost Subsidies Working Together To Stimulate Technological Advancement, By Dustin Friedland
  • Copyright Infringement and Bankruptcy: The Meaning of Willful in Two Statutory Schemes, By Caitlin McGowan
  • For the First Time in Over Sixty Years the Supreme Court Reviews the Doctrine of Patent Exhaustion: LG Electronics v. Quanta Computer, By Phil Semprevio

Alternates Notes Selected for Publication:

  • Free Access to the Law: Giving to the People What They Themselves Create, By Nick Evanovich
  • Google Earth, The Realm of Satellite Imagery in Both Governmental and Commercial Applications: A Tool for Generally Improving Life and Aiding in Search Efforts, or Simply a New Mechanism by Which Terrorists Can Benefit?, By Zach Oberman

Book Reviews Selected to be Published:

  • Garth Mashmann, reviewing: Indigenous Knowledge Systems and Intellectual property in the Twenty-First Century: Perspectives from Southern Africa, edited by: Isaac Mazonde & Pradip Thomas.
  • Garth Mashmann, reviewing: Wired Shut: Copyright and the Shape of Digital Culture, by: Tarleton Gillespie.
  • Cristin Cavanaugh, reviewing: Wind Power in Europe: Politics, Business and Society, by: Joseph Szarka
  • Paul Lyons, reviewing: Steal This Music: How Intellectual Property Law Affects Musical Creativity, by Joanna Demers

Alternate Book Reviews:

  • Cristin Cavanaugh, reviewing: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind, by: Jessica A. Shoemaker
  • Gretal Kinney, reviewing: Biobazaar, by: Janet Hop

Please join us in congratulating all of the above SSTLR editors selected to have their work published!

Latham Watkin’s Brian W. Murray Discusses Broadband Access Mandates

Today, the Syracuse Science and Technology Law Reporter, the Communications Law and Policy Society, and the Intellectual Property Law Society invited the College of Law community heard Brian W. Murray present his paper, Out With the Old, In With the New: The FCC and the Paradox of Broadband Access Mandates. The event was held in room 201 of the College of Law from 11:45 a.m. to 12:45 p.m.

Murray is an associate in the Communications Practice Group at Latham & Watkins LLP in Washington, D.C. His practice includes participation in rulemaking and adjudicatory proceedings before the Federal Communications Commission, and counseling on transactions and regulatory compliance.

New 2008-2009 Executive Board

Congratulations to the executive board for the 2008-2009 Syracuse Science and Technology Law Reporter.

Editor-in-Chief: Tara Lynch
Managing Editor: Paul Lyons
Notes and Comments Editors: Blaine Bettinger, Dominic D’Imperio
Business Editor: Eugene Hertzberg
Lead Articles Editors: Garth Mashmann, Phillip Semprevio
Computer Editor: Pamela Young
Form and Accuracy Editors: Gretal Kinney, Syzane Arifaj
Executive Editors: Luis Ormaechea, Heidi Pease, Laura Russell, Brian Hine, Mark Reid, Andrew Garver, and Nicholas Evanovich

Automatic License Plate Recognition: An Exciting New Law Enforcement Tool with Potentially Scary Consequences

By Tyson E. Hubbard

How would you feel if your daily travels were tracked and stored in a large computer database? Presumably someone going over the raw data could figure out where you worked, where your kids went to school, where your family lived and at what stores you liked to shop. In the wrong hands, the potential abuses of that sort of information are very scary. What many people do not realize is that it is exactly this type of information that is being collected every day by police officers across the country. New technology which is being heavily marketed to police departments allows a camera mounted on top of a police cruiser to take a picture of your license plate and store that information, complete with time, date and exact latitude and longitude coordinates for your vehicle. This sort of information is gathered anytime your car happens to travel past a police car, or more accurately anytime a police car travels past your car. Think about how many times you pass a police car on the average day: maybe it is on the freeway, or you see a police officer doing speed checks, or you are even going the other direction on the freeway and there is an officer across the median. Maybe as you run your daily errands there is police car that has someone pulled over on the side of the road, or even a cruiser parked at the local donut shop. Then there are the times a police officer drives by your car and you are not even aware. You might be in the parking lot at work or home with the garage door open. Everytime a transaction like this occurs, when your car and a police car are in the same location and the officer’s camera is operational, the information is collected. With the vast amount of information being collected and stored on every driver, police departments across the country have essentially placed tracking devices onto everyone’s vehicles.

[view abstract] | [download PDF]

From Turntables to Digital Technologies: Striking a Balance Between Disc Jockey Performances and Moral Rights of Musicians

By Jason R. Wachter

Every night of the week club-goers wait in line for hours to get into the hottest clubs in some of the hottest cities in the world. If they are lucky enough to get past the velvet ropes and through the club doors, in a matter of minutes, they could hear the music of as many as ten different artists ranging from the likes of Madonna, the Rolling Stones, and Nirvana to Christina Aguilera, Kanye West, and Snoop Dogg blended into one musical track. This unique phenomenon in the music industry is the work of celebrity disc jockeys (“DJs”), who splice, scratch, and mix classic and popular songs together to create an entertaining musical work of their own. These creations are so entertaining, in fact, that celebrity DJs have developed a new music industry phenomenon that club-goers, club owners, and even radio stations have come to depend on night after night.

Celebrity DJs have created such a demand for their services that they are able to earn up to $1,000 per hour. Most celebrity DJs have “residences” at various nightclubs, often performing a few nights a week. However, due to their popularity and demand, there are times when celebrity DJs may perform at different events every night of the week in different cities across the country. In many cases, DJ performances at nightclubs are even broadcast live on radio stations or over the Internet allowing millions of listeners to enjoy their music. In addition, celebrity DJs pull in profits by hosting private celebrity parties and corporate events. One reason for this rise in the popularity of celebrity DJs is the advent of new technology, which allows not only professionals, but amateurs to remix and package music in their homes with increasing ease and clarity. But is this new age of the celebrity DJ all it is cracked up to be?

[view abstract] | [download PDF]

Embryonic Stem Cell Research: With Suitable Regulation and Federal Funding, Life Without Serious Disease Becomes an Attainable Goal

By Laura Eleanor Gagnon

Thomas Jefferson wrote that “liberty . . . is the great parent of science and of virtue; and that a nation will be great in both, always in proportion as it is free.” Generations of Americans pride themselves on being citizens of the country granting the most freedoms in the world. Liberty is a cornerstone of our distinguished nation. However, the federal government has gravely impaired that celebrated liberty in the area of scientific research. Federal funding of embryonic stem cell research was prohibited, thereby inhibiting the opportunity for scientific greatness that Jefferson so eloquently described.

Of course, scientific advancement generally does not come without a price tag, especially when the advancement is truly groundbreaking. Sometimes the cost involves endangering our wildlife; other times it involves destroying the environment. In the case of embryonic stem cell research, the price tag for innovation may mean the destruction of embryos. Many Americans struggle with this tradeoff: is it worth ending the potential lives of these embryos in order to conduct research that may treat and even cure diseases crippling over 128 million Americans?

[view abstract] | [download PDF]


Welcome to our New Website

Welcome to SSTLR’s new website!!
Please review our new site and provide us with suggestions on how to improve it.

SSTLR would like to thank all those who contributed to the launch of our new website, especially:

  • Syracuse University College of Law
  • The Office of Student Life
  • Assistant Dean Ronald Denby, and
  • Professor Theodore Hagelin

SSTLR would also like to recognize WordPress for everything in the site, K2 for the site’s theme, and John TP for the site’s style.

SSTLR Now on Facebook!

Former/Current Staff: We are now on Facebook! Search “Syracuse Science and Technology Law Reporter” on www.facebook.com and join our
group.