A SURVEY: WRC-2000 AND IMT-2000—THE SEARCH FOR GLOBAL SPECTRUM
Jennifer A. Manner
At the 2000 World Radiocommunication Conference, a central issue was the amount of spectrum to allocate to IMT-2000, and specifically which frequency bands. During preparation for the conference, it became apparent that the 1710-1855 MHz and the 25000-2690 MHz bands were most suitable for IMT-2000 usage. The United States proposal recommended both the 1.7 GHz and 2.5 GHz bands for possible identification for IMT-2000 and “other advanced communications applications,” with the flexibility of countries to identify the spectrum however they wanted, including not domestically identifying any spectrum for IMT-2000 usage. After a detailed examination of the U.S. approach, Ms. Manner surveys the regional preparations by CEPT, CITEL, APT, the Arab Block, Africa, and the former Soviet States. The Author explains that the broad approach advocated by the United States, combined with pre-conference communication and cooperation, allowed the US approach to prevail at the 2000 WRC.

INTERNET TRANSACTION TAXES: THE NEED FOR JURISDICTIONAL INTEGRATION
Anita Horn
Ms. Horn traces the evolution of transactions taxes and their relationship with Internet. By comparing the treatment of the local retailer selling tangible goods to local consumers (“brick-and-mortar” retailers), to mail-order catalog retailers, click-and-mortar retailers, and click-and-one-brick retailers, the Author challenges the wisdom of adhering to the “substantial nexus” requirement outlined in Quill v. North Dakota. The Quill Court limited a state’s authority to impose transaction tax collection on out-of-state retailers, citing the Commerce Clause as its authority for doing so. The Author exposes the failings of the current treatment of the transaction tax, including the lack of uniformity and resultant burden of compliance, the cost of compliance, and lack of enforcement. The Author then lists several possibilities for working within the requirement of a finding of expanded nexus, including an inquiry into the state of residence of Internet purchasers, a uniform transaction tax rate per state, and a national tax that would provide a menu for the tax base. Ultimately, Ms. Horn proposes Amazon.com to be the transaction tax case to overturn Quill.

WHERE INTERNET SERVICE PROVIDERS AND TELEPHONE COMPANIES COMPETE: A GUIDE TO THE COMPUTER INQUIRIES, ENHANCED SERVICE PROVIDERS AND INFORMATIONAL SERVICE PROVIDERS
Robert Cannon
The FCC imposed two regulatory schemes for the disclosure of network information by BOCs in the Computer Inquiries. The goal of these regimes was to establish a level playing field, with particular regard to nonaffiliated ISPs and their equal ablility to acquire telecommunications services as BOC-affiliated ISPs. Computer II involves a structural separation of Bell Operating Companies and ISPs. As a supplement to Computer II, and in recognition that it is possible to achieve a level playing field without actual physical division, Computer III imposes nonstructural safeguards. The first phase of these safeguards, known as “Comparably Efficient Interconnection,” requires BOCs to demonstrate how they will provide “equal access” to competing ESPs, with specific regard to nine parameters: interface functionality; unbundling of basic service; resale; technical characteristics; installation, maintenance and repair; end user access; CEI availability; minimization of transport costs; and recipients of CEI. The second phase of Computer III is “Open Network Architecture.” ONA requirements mandate that BOCs and GTE unbundle and make available certain elements of their basic services. The Telecommunications Act of 1996 superceded the Computer Inquiries, and new statutory requirements can be found at 47 C.F.R. ßß 51.325-51.335. These requirements mandate that all incumbent local exchange carriers publicly notice any network changes that may affect a competing service provider’s performance or ability to provide service.

STEALING THE COVERS: THE SUPREME COURT’S BAN ON BLANKET PRIMARY ELECTIONS AND ITS EFFECT ON A CITIZEN’S FIRST AMENDMENT RIGHT “TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES”
Seamus K. Barry
In 1996, California enacted Proposition 198, changing California’s primary election from a closed primary to a blanket primary. The candidate of each political party to garner the most votes wins that party’s nomination for the general election. The Supreme Court held that Proposition 198 posed a “severe and unnecessary burden” on the rights of political association and thus infringed First Amendment rights. Mr. Barry’s note analyzes the evolution of freedom of association, with particular attention to California Democratic Party v. Jones. The note then addresses the Supreme Court’s treatment of freedom of association in relation to election law challenges. Mr. Barry contends that because Proposition 198 did not severely impact California Democratic Party’s First Amendment rights, the Court erred in applying strict scrutiny in Jones. He thus concludes that the Proposition 198 was constitutional and Jones was wrongly decided.

HOLLYWOOD VS. SILICON VALLEY: DECSS DOWN, NAPSTER TO GO?
Sarah H. McWane
The Internet introduced unique concerns to copyright holders, prompting Congress to pass the Digital Millennium Copyright Act of 1998. Ms. McWane traces the history of copyright law and the DCMA, with a specific focus on Universal City Studios, Inc. v. Reimerdes and A & M Records, Inc. v. Napster. The note suggests that the rulings in these cases are mere temporary restraining walls, and that for effective copyright protection, the entertainment industry will have to adjust to the changing technologies and alter the way it distributes copyrighted material. After an introduction to the reproduction of music and video content and digital technologies, such as CDs, DATs, and MP3s, the note illustrates the background of copyright law, the theories off copyright infringement and the fair use exception of copyrighted material. Ms. McWane then explains how the DCMA has updated copyright law, through the Online Copyright Infringement Liability Limitation Act. The note concludes with predictions of the effect of Reimerdes and Napster on the future of copyright law, suggesting that without utilization of innovative technologies, the Napsters of the Internet will make copyright laws moot.

CARNIVORE: THE UNEASY RELATIONSHIP BETWEEN THE FOURTH AMENDMENT AND ELECTRONIC SURVEILLANCE OF INTERNET COMMUNICATIONS
Johnny Gilman
The FBI’s Internet wiretapping system, Carnivore, has the ability to monitor and record the Internet activities of individuals such as e-mail histories. Internet communications receive little protection under current privacy laws, alarming advocates of Fourth Amendment rights. The balance becomes one of greater access to information about criminal activity and the privacy interests of individuals. Mr. Gilman examines Carnivore’s effect on the Fourth Amendment’s protection against unreasonable search and seizure, by outlining Olmstead v. United States and Katz v. United States. The Author recognizes the government’s ability to lawfully use surveillance technologies to access private communications, as granted by Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The comment takes the position that Carnivore is not within the government’s authority, and that Congress must strengthen the current statutory framework pertaining to electronic surveillance of electronic communications.