Author Archive | David Ardia

The James R. Cleary Prize for Student Media Law and Policy Research in 2020

By on March 1, 2021 in Center for Media Law and Policy

The UNC Center for Media Law and Policy is now accepting submissions for the James R. Cleary Prize for student media law and policy research published in 2020. The annual award competition, which highlights the best student-authored scholarly articles on media law and policy related topics, honors the legacy of James R. Cleary, an attorney who practiced for 56 years in Huntsville, Ala.  He was particularly interested in the communications field and media law issues.  Cleary’s daughter, Johanna Cleary, is a 2004 Ph.D. graduate of the UNC Hussman School of Journalism and Media.

You can read about last year’s winners, Elias Wright, from Fordham University School of Law; Sarah Koslov, from Georgetown Law; and David Fischer, from Columbia Law School, here.

The prize competition is open to all college and university students. Up to three winners will be selected, with a first prize of $1,000, a second prize of $500, and a third prize of $250. The prizes will be awarded to the authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues. All methodologies are welcome.

The deadline for submission is April 15, 2021.

Rules

  1. The author of the submitted publication must have been enrolled in a graduate or undergraduate degree-granting program in the United States at the time the article was accepted for publication. This includes, but is not limited to, students enrolled in M.A. and Ph.D. programs, law school (including J.D., LL.M., and J.S.D. candidates), and other professional schools (including M.B.A. candidates).
  2. The submitted paper must have been published in a law review or peer-reviewed journal during the 2020 calendar year.
  3. Each student may submit only one entry.
  4. Jointly authored papers are eligible, provided all authors meet the eligibility requirements for the competition. If a winning paper has more than one author, the prize will be split equally among the co-authors. No work with a faculty co-author will be considered.
  5. Each entry must be the original work of the listed author(s). The author(s) must perform all of the key tasks of identifying the topic, researching it, analyzing it, formulating positions and arguments, and writing and revising the paper.
  6. Papers will be evaluated based on a number of factors, including thoroughness of research and analysis, relevance to the competition topic, relevance to current legal and/ or public policy debates, originality of thought, and clarity of expression.
  7. The prize will be monetary. Winners will be required to submit a completed W-9, affidavit of eligibility, tax acknowledgment and liability release for tax purposes as a condition of receiving the cash prize.
  8. In the unlikely event that entries are of insufficient quality to merit an award, the Center for Media Law and Policy reserves the right not to award some or all of the prizes.

Submission Process

  • All entries must be received by 11:59 p.m. EST on April 15, 2021.
  • Entries must be sent via email to medialaw[at]unc.edu with the following in the subject line: “James R. Cleary Prize Submission: [Name of Author]”
  • Papers should be submitted in Portable Document Format (.pdf).
  • Entries MUST include a signed cover sheet that may be downloaded from the Center for Media Law Policy’s website here.

A review committee comprised of faculty and affiliates from the UNC Center for Media Law and Policy will review the submissions and determine the winning paper(s). The decisions of the committee are final. Winners will be notified and final results will appear on the Center’s website in late spring. Due to the large number of expected entries, the Center cannot contact all non-winning entrants.

For more information, please visit our Cleary Competition page.

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Media Law and IP Sessions at the UNC Festival of Legal Learning

By on February 1, 2021 in Center for Media Law and Policy

One of the biggest annual events at the UNC School of Law is the Festival of Legal Learning. This year’s multi-day convocation of legal geekery comprises 30 different continuing legal education (CLE) sessions over four days. For the past few years, the Center for Media Law and Policy has helped with the selection and coordination of sessions that cover Media Law and Intellectual Property subjects.

This year’s festival, which takes place on February 2-5, will be entirely remote, so you can kick back at home and partake in one of the best CLE programs in the country.  Although the festival is much smaller this year, there are at least 10 sessions that touch on media law and IP topics, ranging from the law of protests to cybercrime. And the list of speakers is a who’s who of the top media and IP lawyers in the state. You can see a list of these folks and descriptions of their sessions on the law school’s event page.

Here are just a few of the sessions available at the festival this year:

Tuesday, Feb. 2

  • 12:00 PM  –  1:00 PM + Section 230 of the Communications Decency Act: What Does It Do, Who Wants to Change It, and How Does It Affect You? 
  • 3:45 PM  –  4:45 PM + Plenary: The Law of Protests and the Right to Assembly

Wednesday, Feb. 3

  • 2:30 PM  –  3:30 PM + The Complicated Legal Realm of the NCAA and Student-Athlete Name, Image, and Likeness Rights
  • 3:45 PM  –  4:45 PM + Plenary: 2020 Post-Election Analysis

Thursday, Feb. 4

  • 12:00 PM  –  1:00 PM + The State of the News Media
  • 12:00 PM  –  1:00 PM + Introduction to Open Source and the Year in Review
  • 2:30 PM  –  3:30 PM + Recent Developments in Cybercrime Law

Friday, Feb. 5

  • 12:15 PM  –  1:15 PM + Constitutional Hardball: What We Learned from the Trump Presidency
  • 2:45 PM  –  3:45 PM + Privacy Implications of COVID Response Technologies
  • 4:00 PM  –  5:00 PM + Plenary: U.S. Supreme Court’s 2020 Term

You will not want to miss the final plenary session on the U.S. Supreme Court’s 2020 Term, which includes Adam Liptak from the New York Times; Mary-Rose Papandrea, Samuel Ashe Distinguished Professor of Constitutional Law and Associate Dean for Academic Affairs at the UNC School of Law; Andy Hessick, Judge John J. Parker Distinguished Professor of Law at the UNC School of Law; Alli Larsen, Professor of Law and Director, Institute of the Bill of Rights Law at William & Mary Law School; Richard A. Simpson from Wiley Rein, LLP; and Rick Su, Professor of Law at the UNC School of Law.

To register for the Festival, please visit their registration page.

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Addressing the Decline of Local News, Rise of Platforms, and Spread of Mis- and Disinformation Online: A Summary of Current Research and Policy Proposals

By on January 15, 2021 in Center for Media Law and Policy, Internet, Journalism

I’m thrilled to announce that the Center for Media Law and Policy recently published a research paper titled “Addressing the Decline of Local News, Rise of Platforms, and Spread of Mis- and Disinformation Online: A Summary of Current Research and Policy Proposals.”

The whitepaper grew out of a workshop the Center hosted in November 2019 in conjunction with the UNC Center for Innovation and Sustainability in Local Media and UNC Center for Information, Technology, and Public Life (CITAP), which brought together experts on the decline of local news, the rise of online platforms, and the spread of mis- and disinformation. The workshop was part of a two-day, interdisciplinary conference titled “Fostering an Informed Society: The Role of the First Amendment in Strengthening Local News and Democracy.” The conference began with a symposium at the UNC School of Law hosted by the First Amendment Law Review that examined the role of the First Amendment in creating an informed society and explored whether the Constitution places affirmative obligations on the government to ensure that citizens are informed.

The workshop, which is the subject of this whitepaper, took place on the second day at the UNC Hussman School of Journalism and Media and was co-led by Philip Napoli, James R. Shepley Professor of Public Policy at the Sanford School of Public Policy at Duke University. A full list of workshop attendees is included in Appendix A.

The whitepaper is organized in the same way we structured the workshop, starting with an overview of the decline of local news followed by a discussion of the rise of platforms and the spread of mis- and disinformation online. We then examine a number of regulatory and policy responses to the problems identified in the earlier sections and conclude by offering some suggestions for next steps. In Appendix B we provide a list of recent research and resources available for those who wish to engage in more study of these important issues.

Here is the abstract:

Technological and economic assaults have destroyed the for-profit business model that sustained local journalism in this country for two centuries. While the advertising-based model for local news has been under threat for many years, the COVID-19 pandemic and recession have created what some describe as an “extinction level” threat for local newspapers and other struggling news outlets. More than one-fourth of the country’s newspapers have disappeared, leaving residents in thousands of communities living in vast news deserts.

As local news sources decline, a growing proportion of Americans are getting their news and other information from social media. This raises serious concerns, including the spread of misinformation and the use of platform infrastructure to engage in disinformation campaigns. Platforms wield significant advantages over local news sources in the current information environment: the dominant platforms possess proprietary, detailed caches of user data, which the platforms use to force advertisers, users, and news outlets into asymmetrical relationships. In the vacuum left by the disappearance of local news sources, users are increasingly reliant on information sources that are incomplete, and may be misleading or deceptive.

This whitepaper examines current research related to the decline of local news, the rise of platforms, and the spread of mis- and disinformation and explores potential regulatory and policy responses to these issues. Some proposals focus on increasing the supply of – and demand for – local news, including increased public education and expanded support for journalists and local news organizations. Other proposals focus on market-based reforms that address the growing power disparities between news producers and platform operators as well as between platforms and their users.

Solutions to the difficult problems we face will require a multifaceted, multi-disciplinary approach. No one lever within the market, law, or society will deliver a magic bullet. Instead, experts and policymakers will need to pull at multiple levers using a new vocabulary to talk across the different disciplines – a set of new propositions that recognize the legal, social, journalistic, and economic principles at stake, particularly the harm done to democracy if the status quo continues.

You can download the full paper here or from SSRN.

The Hearst Foundations provided funding for the workshop, and funding for the preparation of the whitepaper was provided by the Hearst Foundations and John S. and James L. Knight Foundation.

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Faculty and Student Opportunities at UNC’s Center for Information, Technology, and Public Life (CITAP)

By on May 15, 2020 in Center for Media Law and Policy, Internet

UNC’s recently launched Center for Information, Technology, and Public Life (CITAP) is looking for faculty and students to join its growing community, including faculty research fellows, faculty affiliates, and graduate student affiliates.

CITAP is a bold initiative at UNC dedicated to researching, understanding, and responding to the growing impact of the internet, social media, and other forms of digital information sharing. CITAP’s goals include tackling broad research questions with real-world implications for information gathering, social media regulation, democratic governance, journalism, and civic understanding. Researchers and affiliates will work to develop a comprehensive understanding of information environments that will serve as a baseline for emergent research focused on the interaction of information and technology, particularly in the context of misinformation, partisanship, polarization, propaganda, and political institutions.

UNC CITAP Faculty Research Fellow

CITAP is seeking a Faculty Research Fellow to start in August 2020 and serve for one academic year. The position is restricted to University of North Carolina at Chapel Hill faculty. The Faculty Research Fellow will receive $15,000 in research funds, and will be expected to attend CITAP events and give a public presentation of their work at the end of the fellowship.

The successful applicant will join a vibrant research community anchored by CITAP’s four principal researchers—Deen Freelon (Hussman School of Journalism and Media), Daniel Kreiss (Hussman), Alice Marwick (Dept. of Communication), and Zeynep Tufekci (School of Information and Library Sciences)—the affiliated UNC Center for Media Law and Policy (David Ardia and Tori Ekstrand), and two Senior Faculty Researchers, Tressie McMillan Cottom (SILS) and Shannon McGregor (Hussman).

CITAP affiliates will meet regularly for research updates and internal presentations.

To apply, please email a one-page proposed research project that complements the aims of the center and the work of its scholars along with a CV to CITAP Principal Alice Marwick at amarwick@unc.edu.  The deadline to apply is Sept. 1, 2020.

UNC CITAP Faculty Affiliates

Faculty Affiliates can come from a broad range of academic and research institutions, especially in North Carolina. We invite applications from people working on issues related to CITAP, broadly focused on the intersection of technology and media, platforms, misinformation, partisanship, polarization, propaganda, political institutions, and journalism. Affiliates may collaborate with CITAP researchers on topics of relevance to its mission and participate in CITAP events, and will be listed in the “Faculty Affiliates” section of the CITAP website.

We invite those with CITAP faculty affiliations to attend CITAP events, collaborate with our researchers and graduate students, and join our extended community in resource and information sharing.

To apply, please email a bio, CV, and list of relevant publications to CITAP Principal Researcher Daniel Kreiss at dkreiss@email.unc.edu.

UNC CITAP Graduate Student Affiliates

Graduate Student Affiliates can come from a broad range of academic and research institutions, especially in North Carolina. We invite applications from people working on issues related to CITAP, broadly focused on the intersection of technology and media, platforms, misinformation, partisanship, polarization, propaganda, political institutions, and journalism. Affiliates may collaborate with CITAP researchers on topics of relevance to its mission and participate in CITAP events, and will be listed in the “Faculty Affiliates” section of the CITAP website.

We invite those with CITAP graduate student  affiliations to attend CITAP events, collaborate with our researchers and graduate students, and join our extended community in resource and information sharing.

To apply, please send a short cover letter explaining how your research interests relate to the work of CITAP, bio, CV, and list of relevant publications to CITAP Principal Researcher Daniel Kreiss at dkreiss@email.unc.edu.

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A UNC Student’s Summer Experience at the Future of Privacy Forum

By on May 14, 2020 in Center for Media Law and Policy, Privacy

Each summer, the Center for Media Law and Policy provides financial support through its summer grants program to UNC law and graduate students taking unpaid or low-paying jobs in the fields of media law or media policy. The writeup below is from Meredith Richards, a rising third-year law student at the UNC School of Law, who interned at the Future of Privacy Forum last summer and received one of the Center’s grants:

Last summer I had the opportunity to work as an intern for the Future of Privacy Forum in Washington, DC. The Future of Privacy Forum (FPF) is a think-tank that explores the legal challenges posed by rapid technological innovation and works to develop privacy protections and responsible business practices. FPF conducts research on privacy in a variety of areas, including AI and machine learning, biometrics, facial recognition, connected cars, education, IoT, and location and advertising practices.

As an intern, I worked with the advertising and location-tracking technology policy team to research current business standards and data collection practices, as well as to track and analyze any new emerging legislation concerning data privacy, such as the California Consumer Privacy Act. Because FPF engages with both corporate leaders and legislators, I also helped the policy counsel by developing informational content for these stakeholders on data privacy issues, including a blog post explaining the changes in the National Advertising Institute’s 2020 Code of Conduct and a white paper exploring the multitude of ways in which location data can be tracked and collected.

The policy team at FPF was extremely involved with the summer interns and ensured that we had the opportunity to connect with other privacy professionals in the DC area. My fellow interns and I were often encouraged to attend panels and conferences, including those hosted at the Brookings Institute and the FTC’s PrivacyCon. Because FPF hosts events with industry leaders, I also had the opportunity to meet people from EFF, IAPP, and several prominent privacy law firms in the area. We even had scheduled visits to the Facebook and Google DC offices, as well as joint happy hours with students in privacy programs at other law schools.

Outside of work, living in Washington, DC is exciting and there was an endless list of things to do and see. In my spare time, I visited the Smithsonian, National Gallery of Art, Library of Congress, National Mall, and many of the other great sites that our nation’s capital has to offer. The food is also spectacular! Every Thursday at lunch, my fellow interns and I would make the short walk to the best farmer’s market and food truck rodeo located in front of the White House. And I already miss the cupcakes from Baked and Wired and the tapas at Boqueria.

Since the summer, I was invited to continue working with FPF throughout the fall semester. I worked primarily on research regarding federal preemption of state privacy bills, like the CCPA. Overall, this experience not only provided me with in-depth insight into privacy regulation and compliance, but established invaluable connections with privacy professionals, who have inspired me to pursue a career in privacy law. I am so grateful to everyone at FPF for encouraging me and I highly recommend any students who are interested in media law or privacy to apply.

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