The Catholic University of America Columbus School of Law
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A Novel Means to Increase Access to Local News: Analyzing the Benefits and Costs of Zero-Rating
Full text linkThe dismal and declining state of local news has motivated bipartisan efforts to “save” this important aspect of a strong civic sphere. A full review of these efforts is beyond the scope of this paper, but an initial review suggests that recent legislative proposals will fall short of reviving local news, if enacted. It follows that other means of assisting the generation and distribution of local news must be considered. One such means is mandating that Internet Service Providers zero-rate content provided by local news outlets. In short, zero-rating results in certain data not counting toward a user’s data cap or from generating any charges for excess consumption of particular data. Zero-rating local news content can assist the industry in two ways: first, it increases the market for local news by increasing adoption of broadband, and second, it increases the consumption of local news by incentivizing consumers to prioritize local news over other sources of news. The Federal Communications Commission can and should lead this policy intervention. The agency has the authority to mandate that ISPs zero-rate local news content. Furthermore, such a mandate would align with the FCC’s decades-long efforts to bolster the consumption and quality of local news
Censorship and the Law after 2020
No full textThis panel focused on the renewed conflict between First Amendment advocates and public officials in light on the COVID-19 pandemic and the battles over free speech and misinformation that came in its wake.
Moderated by Law Review staff editor Gerald Sharpe (2L), it featured Marc DeGirolami, St. John Henry Newman Professor of Law and codirector of the Center for Law and the Human Person at Catholic Law; attorney Christopher Keleher, Esq., of the Kelleher Appellate Law Group, LLC; and General Counsel Kim Mack Rosenberg, Esq., of Children’s Health Defense
Robots as Pirates
Full text linkGenerative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.
A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of actual and likely claims shows that such plaintiffs claiming infringement will have a hard time proving reproduction, distribution, display, or preparation of derivative works and thus are unlikely to be able to establish copyright infringement under established doctrines. Fears of uncompensated appropriation, however, are likely to fuel the erection of more pay walls around original content and more licensing collectives
Healthcare Transformation After COVID-19: Emerging Challenges for Technology and Data Use
No full textFollowing Walsh’s lunchtime comments, the conference returned to the Walter A. Slowisnki Courtroom for its second panel, “Healthcare Transformation after COVID-19: Emerging Challenges for Technology and Data Use.” Introduced by Law Review lead articles editor Hope Gouterman (3L), and moderated by Law Review staff editor Joey Hill (2L), it featured as panelists Charles Curran, Esq., principal of Charles D. Curran Consulting, LLC; Jonathan Phillips, Esq., partner at Gibson, Dunn, & Crutcher; and Julia Rappoport Schenker, Esq., Deputy Counsel for Advocacy at the American Hospital Association. Phillips and Schenker are also currently lecturers at Catholic Law