WHERE NO LAWYER HAS GONE BEFORE? WHAT A CYBERSPACE ATTORNEY CAN LEARN FROM SPACE LAW'S LEGACY
David S. Weitzel
Much like the initial exploration of outer space in the middle of the twentieth century, the development of cyberspace has created a whole host of new and previously unanticipated legal issues for practitioners in the communications law field. Mr. Weitzel feels that "cyberlaw practitioners can learn from air law and space law," and attempts to make parallels between the early development of space law in the 1960s and 1970s and the growing field of cyberlaw. After outlining the early development of space law, the article focuses upon the issues of sovereignty and borders, and upon jurisdiction over disputes and liability from mishaps in the borderless environment of space. In addition, the article explores the application of different approaches, such as trade norms and international treaties, and their respective impacts upon the development of a body of cyberlaw.

SCARCITY IN SPACE: THE INTERNATIONAL REGULATION OF SATELLITES
Adrian Copiz
The available space for satellites to occupy in a geosynchronous orbit above the earth is limited by both space and by available radio frequency. For the sake of the safety of the satellites, there can only be a certain amount of satellites occupying the space, and in order to ensure integrity of service by those satellites, each satellite?s utilized frequency must be coordinated with all others that might be in potential conflict with them. In this article, Mr. Copiz examines the regulatory system surrounding satellite placement from its early development to current structure. He then addresses the main legal issues surrounding the regulation of satellite placement--the tension between the concepts of efficient and economic operation and of equitable access, the manner in which positions in the available area are allotted and regulated, and what steps can be taken to improve the assignment regime. The author feels that the current system, an a posteriori system which is essentially a first-in-time, first-in-right method of regulation, utilizes the limited space most efficiently, but that the current a posteriori system is in need of revision in order to better reflect equitable access principles and allow greater access to developing nations.

PRESS COVERAGE OF THE JONBENET RAMSEY MURDER AND ITS LEGAL IMPLICATIONS: A DIALOGUE WITH JOHN AND PATSY RAMSEY AND THEIR ATTORNEY, L. LIN WOOD
Robert D. Richards and Clay Calvert
In the form of an interview, the parents of JonBenét Ramsey and their attorney discuss the role of the media in the investigation of her murder. They discuss their motivation for various law suits against the media, their hopes for a more responsible press, their suggestions for scaling back some of the current legal protections afforded the media under defamation law, and their desire to regain some of the reputation they believe was lost as a result of the relentless media attention to the case. Mr. Richards and Mr. Clay explore and critique the family?s criticisms of the media based in both constitutional and media law, and presents what the Ramseys and their lawyer feel are necessary improvements to the role media plays in our society--namely, a firm police non-disclosure policy, proposed journalistic certification, proposed changes in libel law and the ability of news media to speculate, and the federalizing of child-murder laws. The authors then provide their critique of these points.

BOOK REVIEW: CRUSADING AGAINST THE DINOSAURS: A REVIEW OF THE FUTURE OF IDEAS, BY LAWRENCE LESSIG
Susanna F. Fischer
Lawrence Lessig argues in his book that the "dinosaurs" of the recording industry and Hollywood are utilizing law as a weapon against innovation and creativity in the Internet?s technological revolution. Professor Fischer admires Lessig?s writing, but maintains some skepticism regarding Lessig?s more activist language. The reviewer also draws parallel?s between Lessig?s book and the issues addressed in Eldred v. Ashcroft, a case dealing with the Copyright Extension Act of 1998 that was argued by Lessig before the U.S. Court of Appeals for the District of Columbia.

A CRITIQUE OF THE INTERNATIONAL CYBERCRIME TREATY
Ryan M. F. Baron
In response to a rapidly rising rate of "computer intrusion" cases, the Council of Europe, the United States, Canada, South Africa, and Japan released the International Cybercrime Treaty, which sought to foster a "common criminal policy aimed at the protection of society against cyber-crime." This article analyzes the draft version which was approved by the European Committee on Crime Problems. Mr. Baron states that the Treaty provides for countries that are party to it to enact new criminal regulations without guidance or prediction as to how these regulations will impact the general population of computer users. The author then argues that, as written, the draft treaty does not provide clear statements as to the standards of privacy rights, but does provide for increased communications monitoring. Mr. Baron finally points to a lack of conformity amongst the European countries with regard to the privacy of their respective citizens as a major reason for the lack of an acceptable international standard, and feels that, without such standards, the treaty should not be ratified.

THE DOMINOS OF GOLDWASSER: ONLY CONGRESS CAN STOP THE TOPPLING EFFECT BEFORE THE GAME IS OVER
Megan Delany
Four residents of Illinois, Indiana, Michigan, and Wisconsin joined together in a class action suit against Ameritech, the incumbent local exchange carrier in the region. The four plaintiffs alleged that Ameritech had "committed monopolistic acts in furtherance of an anticompetitive objective of maintaining a monopoly for local phone service in the five-state region." The plaintiffs asserted that such practices violated the Telecommunications Act of 1996 and the antitrust laws under the Sherman Act. The U.S. Court of Appeals for the Seventh Circuit ruled that the Telecom Act was controlling and the plaintiffs had failed to state a claim under the antitrust laws. Basing her claim on the disparate interpretations of this holding by lower courts, Ms. Delany claims that this holding has introduced increased uncertainty into an already uncertain telecommunications marketplace and leaves unanswered the question as to whether antitrust enforcement has any role to play in constraining anticompetitive behavior amongst competitors in a marketplace governed by the regulatory mandates implemented under the Telecommunications Act. The author analyzes the similarities between the Sherman Antitrust Act and the Telecomm Act, both in purposes and in means, discusses the decision in Goldwasser, and the resultant split in lower courts. The author then analyzes the main shortcomings of the Goldwasser decision, and how the decision failed to follow historical precedent, legislative history, and the plain language of the Telecomm Act. Ms. Delany argues that, as a result of this void of clarity, Congress should take action to prevent abuse of the type that the Telecomm Act was enacted in response to: prevent the local providers from regaining the monopolistic power they had prior to the Act's enactment by defeating the Goldwasser court's assumption of mutual exclusivity of the Telecomm Act and the antitrust acts.

PASSIVE WAREHOUSING UNDER ICANN'S UNIFORM DISPUTE RESOLUTION POLICY: A UTILITARIAN PERSPECTIVE
Bernadette Dino
Passive warehousing is a type of cybersquatting. Cybersquatting, in general, involves a cybersquatter registering a domain name identical or confusingly similar to a well-known trademark in the hopes of selling it to the trademark owner for a huge profit. Unlike the cybersquatter, the passive warehouser registers a domain name that resembles a trademark by never makes any offers to sell the domain name or makes use of the domain name by constructing an active website. In this article, Ms. Dino takes the position that under ICANN's Uniform Domain Name Resolution Policy ("UDRP"), passive warehousing should be considered bad faith registration and use, and the burden of proof should be shifted to the respondent to show current or future legitimate use of the disputed domain name. The first part of this note briefly discusses some background information regarding the domain name system and registration, how ICANN came about, and the procedures involved in bringing a complaint. The second part discusses the development of the UDRP, the "inaction doctrine" and its application, as well as other decisions that have found bad faith registration and use outside this doctrine. Finally, an examination of how adopting the Telstra doctrine has affected the Policy as a whole from a "utilitarian perspective" is followed by a discussion of how shifting the burden of proof to the respondent with regard to proving bad faith registration and use will improve the efficiency and effectiveness of the policy.

UNITED STATES V. MEXICO: THE FIRST TELECOMMUNICATIONS CHALLENGE CONFRONTING THE WORLD TRADE ORGANIZATION
Rachel Rosenthal
In this note, Ms. Rosenthal explores the implications of the first telecommunications case to be brought to the WTO for dispute resolution. Part I of this note explains the history and practical implications of the General Agreement on Trade in Services and the Basic Telecom Agreement. In particular, Ms. Rosenthal explains why WTO countries decided to regulate telecommunications in this way. Part II charts the course of the Mexico-United States dispute. Part III discusses the issues in this dispute that have already been resolved. Part IV analyzes the issues still confronting the WTO in this dispute, including Mexico?s failure to provide a system of competition for international calls and its failure to curb Telmex?s anti-competitive practices. Finally, Part VI of this note suggests how the WTO Dispute Settlement Body might resolve the issues raised in this dispute, particularly by making it clear that that it will not tolerate Telmex?s anti-competitive practices under the Basic Telecomm Agreement, and by directing Mexico to remedy these problems and come into compliance with its obligations under the Basic Telecomm Agreement.