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Communications Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for California on
Q: Party A has a restraining order on party B but party A wants to meet is there any way of party B not getting in troubl

Party A has 2 restraining orders against party B. Civil and criminal. Party B would like to see the dog for their birthday. Both party A and B are communicating through party C regarding party B being able to see the dog. Party A whom filed the restraining order has agreed to allow party B to meet... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

If the restrained party breaks the restraining order, that can be considered a violation of the order and possibly charged as a misdemeanor. Contacting the protected party through a 3d party can be considered a violation of the RO. More details are necessary to provide a professional analysis of... View More

1 Answer | Asked in Appeals / Appellate Law and Communications Law for California on
Q: What is the time frame/limit for the court of appeals to respond to my reply brief (after opening N response brief)?

By using google, I just found that the 11th Circuit Court affirmed the dismissal of my case on 2/10/2017 (but I have not received the court's decision by today 2/16/2017).

This is a VERY special case, where top university administrators committed a series of wrongdoings (repeated power... View More

Brian Lehman
Brian Lehman
answered on Feb 16, 2017

Here is a post on how the 11th Circuit decides cases from four years ago: https://brieflywriting.com/2012/04/09/a-peek-inside-the-chambers-how-the-eleventh-circuit-court-of-appeals-decides-cases/

The median time, according to the Administrative Office of the United States Courts, shows it...
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1 Answer | Asked in Constitutional Law, Communications Law and Gov & Administrative Law for Washington DC on
Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Communications Law, Constitutional Law and Mergers & Acquisitions for Michigan on
Q: is it illegal for a news company to distribute fake news? Is it illegal for private individuals to distribute fake news?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 15, 2017

No and no. Individuals may have a right to sue and recover for libel/defamation however if named in and injured reputationally by fake new stories.

2 Answers | Asked in Immigration Law, Federal Crimes and Communications Law for New Jersey on
Q: Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect traffic.

Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect internet traffic through my laptop.

This enabled me to view both student and professor login credentials

Three days laterr, I was questioned by the school police, arrested... View More

James A. Abate
James A. Abate
answered on Feb 12, 2017

A great deal more information is needed and you should have an in person consultation to go over all of those questions. If you have been charged, then obviously it is being considered a crime. Could it affect your immigration status, yes absolutely. But I am confused about your facing trial.... View More

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1 Answer | Asked in Communications Law and Gov & Administrative Law for New York on
Q: Is there any amount of time that the federal communications commision needs to act of a pending license renewal app?

i believe that the statue that governs this would be 47 usc 312, there was never so much as a show cause order issued or any official inquiry

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

See: https://www.fcc.gov/media/radio/broadcast-radio-license-renewal

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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1 Answer | Asked in Communications Law for New York on
Q: What are my rights as a renter to install a satellite dish?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Check with your lease. It may be considered a fixture. If so, your landlord's approval might be required. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Internet Law and Communications Law for New York on
Q: Is text messaging considered social media?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Not generally, but it depends on the application. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Communications Law and Election Law for Mississippi on
Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.

What is the legality of setting up a robodialing system for a potential gubernatorial candidate in the state of Mississippi?

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 24, 2017

Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient.

1 Answer | Asked in Communications Law, Consumer Law and Juvenile Law for New York on
Q: What are the legal bases for putative rights of children to be subrogated by their parents?

Phone co. claims that the FCC requires that those whose cellphones be geotracked be notified of it. This defeats the purpose of parents who want to track their runaway children. Can the parents prevail in claiming that the notifications must go to them (the parents) only?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

Generally, if you own the phone, you can track it and receive notifications relating to your phone, even if you've allowed your minor child to use it. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Criminal Law, Communications Law, Identity Theft and Sexual Harassment for Colorado on
Q: is it illegal to hack someone's facebook and email and change their passwords?

My boyfriend was on a phone plan with his friend, and she and him got in a fight, so he gave her the phone back, in attempt to cut ties with her, and he forgot to log out of his facebook app and email app on the phone. she has now gone on the phone and changed both of those passwords so that he has... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 11, 2017

Simply changing passwords is likely not illegal. If information contained is used to impersonate and individual, this may be illegal. Note, changing the passwords or generally "hacking" of accounts by an unauthorized third-party is a clear violation of both Facebook and every email... View More

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Pennsylvania on
Q: woman signing me up to many websites from whom im receiving calls,emails and contacting family facebook and lying abt me

She keeps signing me up via my email address and phone number, along with my wife and we receive several calls/day from companies for which we have never signed up. She also creates fake Facebook profiles under our names and befriends our family and friends and lies about our relationship matters,... View More

Ryan L Hyde
Ryan L Hyde
answered on Jan 10, 2017

No offense, but have you tried calling the police? Depending on the severity of these incidents they can take investigatory action and eventually even charge with stalking. Depending on the websites there are serious safety concerns with this type of behavior. Private criminal complaints are... View More

1 Answer | Asked in Criminal Law and Communications Law for California on
Q: 911 annoying calls misdemeanor pretrial

i feel that i am the victim of phatom 911 calls that i did not make. i want to ask an attorney about the pretrial

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2017

It sounds like you're being charged with abusing the 911 call process, if I understand your question correctly. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Communications Law on
Q: Can you include excerpts or partial testimonials on your website under FTC guidelines and requirements?

Can you use a "partial" or an except of a customer testimonial on your website. We get long detailed testimonials submitted by our customers via email that are often times too long and contain personal information or personal life situations that are way to long and not pertinent to our... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 30, 2016

Those are gernerally acceptable. However your bigger issue with the FDA is making sure you have disclaimers that the product has no known FDA authorized use etc (check a number of natural remedies, even teas and you'll get the idea.)

See if there's a natural products trade group...
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1 Answer | Asked in Communications Law and Criminal Law for Alabama on
Q: Do you have to tell someone that you are recording the conversation between them
Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

Not in Alabama, which is a "one party consent" state for purposes of wiretapping.

1 Answer | Asked in Business Law, Communications Law, Contracts and Election Law for Rhode Island on
Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?

Basically if CNN reported false information or shielded information from the public throughout the course of the election while voters selected candidates and investors selected stocks; would CNN be liable? Could they still be liable for misleading the public in the first place or even election... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

No. Fraud requires an intention to defraud, knowingly false statements and a duty of care to the other party. Largely the same for securities law purposes. News media are supposed to be accurate but do not have a legal obligation to investors, voters or even viewers.

1 Answer | Asked in Employment Law, Civil Litigation, Communications Law and Small Claims for California on
Q: Can a harassment suit be filed for 1 angry email that the sender apologized for after receiving legal threat

A colleague criticized me in a very harsh tone in a public email. I made an error of judgement and sent an angry email to him - I did not threaten him in any way, just asked if it was necessary to discredit me in front of everybody. I also said I would appreciate if he didn't strike me down in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

Harassment typically involves repeated actions. I don't hear a case for harassment here, but the best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any... View More

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Communications Law for New York on
Q: What if my rights wasn't taken In consideration? Do I have a lawsuit with police for not arrested for such act?

A woman I was staying with kidnapped my children my spouse & I called police to press charges they refuse to arrest this woman, suggesting that we just leave illegally evicted us

Derek John Soltis
Derek John Soltis
answered on Dec 6, 2016

It sounds like you have multiple issues going on at this time. Eviction and kidnapping are uncommon to be heard in the same fact pattern for a complaint. You really should speak to an attorney to go over all of the facts.

1 Answer | Asked in Communications Law, Libel & Slander, Personal Injury and Employment Law for Virginia on
Q: How frequently is social media content and other forms of electronic communication such as, text messages used in cases?
Gary D. Godman
Gary D. Godman
answered on Nov 9, 2016

It's used quite often in many different types of cases. If the messages are relevant and overcome any hearsay objections, electronic communications can make or break a case. If you are in a case reliant on what was said on social media or in text, work with an attorney to plan for the... View More

1 Answer | Asked in Civil Litigation, Communications Law and Criminal Law for Florida on
Q: Can a 3rd party eavesdrop (but not record) on the telephone conversation without the consent of both parties in Florida?

"Eavesdropping is secretly listening to the private conversation of others without their consent." In Florida I read "Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Oct 7, 2016

It' not eavesdropping if it is on speaker for a business purpose. You are speaking with the university, as in the people are all employees of that same entity. You also work for them so technically you are all the same legal party and likely would not have a cause of action. It would be... View More

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