Wayne State University
Jonathan  T. Weinberg
Jonathan T. Weinberg
Professor of Law
Room 3105
(313) 577-3942


J.D., Columbia Law School
A.B., Harvard University


Professor Weinberg has been a law clerk to U.S. Supreme Court Justice Thurgood Marshall and then-Judge Ruth Bader Ginsburg; a visiting scholar at the University of Tokyo's Institute of Journalism and Communication Studies; a legal scholar in residence at the FCC's Office of Plans and Policy; a visiting scholar at Cardozo Law School; and a professor in residence at the U.S. Justice Department. He chaired a working group created by ICANN (the Internet Corporation for Assigned Names and Numbers, an international body that administers the Internet domain name system) to develop recommendations on the creation of new Internet top level domains. He joined the Wayne Law faculty in 1988.

Weinberg has published numerous articles on Internet and high-technology law and policy, as well as on the regulation of broadcasting and other more venerable electronic media. More recently, he has been thinking and writing about immigration law.


Selected Publications

The Right to be Taken Seriously, 67 U. Miami L. Rev. 2012

"Non-State Actors and Global Informal Governance: The Case of ICANN," in International Handbook on Informal Governance (Thomas Christiansen & Christine Neuhold eds. 2012

Hard to BELIEVE: The High Cost of a Biometric ID Card (February 2012) (with A. Michael Froomkin), a Chief Justice Earl Warren Institute on Law and Social Policy Research Brief.

Governments, privatization and 'privatization': ICANN and the GAC, 18 Mich. Telecom. & Tech. L. Rev. 189 (2011)

The End of Citizenship?, 107 Mich. L. Rev. 931 (2009)

Tracking RFID, 3 I/S J. L. Pol'y Info. Soc. 777 (2007-08)

"RFID and Privacy," in Securing Privacy in the Internet Age (Anupam Chander, Lauren Gelman, & Margaret Jane Radin eds. 2008)

"RFID, Privacy, and Regulation," in RFID: Applications, Security, & Privacy  (Simson Garfinkel & Beth Rosenberg eds. 2006)

Site Finder and Internet Governance, 1 U. Ottawa L. & Tech. J. 345 (2004)

"ICANN, 'Internet Stability,' and New Top Level Domains" in Communications Policy and Information Technology: Promises, Problems, Prospects 3 (Lorrie Cranor & Shane Greenstein eds., MIT Press 2002)

Digital TV, Copy Control, and Public Policy, 19 Cardozo Arts & Ent. L.J. 277 (2002)

Geeks and Greeks, 3 Info 313 (2001)

ICANN and the Problem of Legitimacy, 50 Duke L. J. 187 (2000)

U.S. Media Law Update, 5 Media & Arts L. Rev. [Australia] 271 (2000)

Hardware-Based ID, Rights Management, and Trusted Systems, 52 Stan. L.  Rev. 1251 (2000) A shortened and revised version of this article was published in The Commodification of Information 343 (Niva Elkin-Koren & Neil Netanel eds., 2002).

"Broadcasting and Related Media," in Encyclopedia of the American Constitution (Leonard W. Levy et al., eds.) (2d ed. 2000)

The Internet and Telecommunications Services, Universal Service Mechanisms, Access Charges and Other Flotsam of the Regulatory System, 16 Yale J. On Reg. 211 (1999). This article has also been published as "Internet Telephony Regulation" in Internet Telephony  (Lee McKnight et al. eds. 2001); an earlier version appears in Competition, Regulation and Convergence: Current Trends in Telecommunications Policy Research 297 (Sharon Gillett and Ingo Volgelsang, eds. 1999).

US Media Law Update, 4 Media & Arts L. Rev. [Australia] 199 (1999)

Technology, Free Expression and the Law, Update on Law-related Education, Fall 1998, at 6

"New Media and Old Debates" (review of Rationales & Rationalizations Regulating the Electronic Media (Robert Corn-Revere ed. 1997)), Jurist Books-on-Law (July 1998).

Rating the Net, 19 Hastings Comment L.J. 455 (1997). This article has also been published in The V-Chip Debate: Labeling and Rating Content from Televsion to the Internet 221 (Monroe E. Price ed. 1998); an earlier version appears in Interconnection and the Internet 225 (Gregory L. Rosston & David Waterman eds. 1997).

Cable TV, Indecency and the Court, 21 Colum.-VLA J.L. & Arts 95 (1997)

"The Telecommunications Act of 1996 and U.S. Media Ownership," in 1996 Yearbook of Media and Entertainment Law 99 (Eric M. Barendt et al. eds.) (with Monroe Price)

United States, in Media Ownership and Control in the Age of Convergence 265 (Int'l Inst. of Communications 1996) (with Monroe Price)

Vagueness and Indecency, 3 Vill. Sports & Ent. L. J. 221 (1996)

Broadcasting and Speech, 81 Calif.. L. Rev. 1101 (1993) This article also appears in First Amendment Law Handbook, 1994-95 Edition177 (James L. Swanson ed. 1994), and (without footnotes) as Hoso to Genron, in Hososeidoron No Paradaimu (Paradigms of the Broadcasting System) 79 (Junichi Hamada ed. & Itsuko Yamaguchi trans., University of Tokyo 1994).

Broadcasting and the Administrative Process in Japan and the United States, 39 Buffalo L. Rev. 615 (1991) A substantial portion of this article appears in Michael H. Botein, Regulation of the Electronic Mass Media, Law and Policy for Radio, Television, Cable and the New Video Technologies 585-97 (3d ed. 1998).

Thurgood Marshall and the Administrative State, 38 Wayne L. Rev. 115 (1991)

Limiting Access to the Broadcast Marketplace, 44 Bull.. OF [Univ. of Tokyo] Inst. OF Journalism & Comm. Stud. 2 (1991)

Questioning Broadcast Regulation (review essay), 86 Mich.. L. Rev.. 1269 (1988)

Amerika Gasshukoku ni Okeru Yusen Terebijon to Chosakuken [Cable Television and Copyright in the United States], 15 Chosakuken Kenkyu 23 (1988)

Note, Constitutional Protection of Commercial Speech, 82 Colum. L. Rev. 720 (1982)


June 21, 2012
Jonathan T. Weinberg made a presentation, "Harmonizing Civil Liberties and Antitrust Policy," at the annual conference of the American Antitrust Institute, devoted this year to Civil Liberties and Competition Policy. Audio is available at
http://www.antitrustinstitute.org/media/Day2HarmonizingCivilLiberties.mp3. (Professor Weinberg's contribution begins shortly after the 23:00 mark.)

May 23, 2012
Jonathan T. Weinberg participated as an expert speaker during a teleconference briefing on biometrics and immigration sponsored by The Immigration Policy Center and the Electronic Frontier Foundation. The teleconference was part of the launch of "From Fingerprints to DNA: Biometrics Data Collection in U.S. Immigrant Communities and Beyond," a joint white paper from IPC and EFF.

February 14, 2012
Jonathan T. Weinberg co-authored a report titled "Hard to BELIEVE: The High Cost of a Biometric Identity Card," which was released by the Chief Justice Earl Warren Institute on Law and Social Policy at UC Berkeley School of Law on Feb. 9. The report evaluates proposals for a mandatory nationwide biometric identity card, intended to prove that a person is authorized to work in the US.

February 13, 2012
Jonathan T. Weinberg contributed a chapter titled "Non-state Actors and Global Informal Governance: The Case of ICANN" to the book International Handbook on Informal Governance which has just been published by Edward Elgar Publishing.

May 10, 2011
Jonathan T. Weinberg presented his paper, "Governments, privatization and 'privatization': the evolution of ICANN," at a workshop on Global Internet Governance: Research and Public Policy Challenges for the Next Decade at the American University School of International Service on May 6, 2011. (Video is available here.) He presented the same paper at a symposium on Bits Without Borders at Michigan State University on Sept. 24, 2010, and also made a presentation on "The Laws of Cyberspace" at a symposium on Cyberterrorism: What? Where? Why? sponsored by the WSU Center on National Security Intelligence Studies on April 5, 2011.

April 22, 2011
Jonathan T. Weinberg spoke about Michael Froomkin at his installation into the Laurie Silvers and Mitchell Rubenstein Endowed Distinguished Professorship at the University of Miami. Click here to view the installation video online. (Professor Weinberg appears at approximately 48:00.)

In The News

July 8, 2015
Jonathan T. Weinberg was interviewed for a report on data encryption issues aired on Bloomberg Law radio.

Read Article

June 9, 2015
Jonathan T. Weinberg talked about the Supreme Court's upcoming decisions on WDET radio.

Read Article

April 9, 2015
Jonathan T. Weinberg was quoted in Ambassador magazine article "Mightier Than the Sword."

Read Article

April 9, 2015
Jonathan T. Weinberg was quoted in Talking Points Memo article "Did a Federal Court Just Doom the GOP's Big Immigration Lawsuit Against Obama?"

Read Article

December 12, 2014
Jonathan T. Weinberg was quoted by Bloomberg Law in "Facebook Seeks to Block Search Warrants."

Read Article

December 11, 2014
Jonathan T. Weinberg was quoted in Talking Points Memo article: "The GOP Lawsuit That Could Blow Up Obama's Immigration Action."

Read Article

October 15, 2014
Jonathan T. Weinberg was interviewed for a Bloomberg Radio report on a request by Aereo for the FCC to change the definition of a video service provider to help the company find a way to resume operations.

Read Article

September 14, 2014
Jonathan T. Weinberg was quoted in a Crain's Detroit report titled "Privacy concerns over vehicle telematics heat up."

Read Article

January 28, 2014
Jonathan T. Weinberg was interviewed on the topic of Gov. Snyder's Detroit immigration plan for WDET radio and WKAR radio.

Read Article

April 1, 2013
Jonathan T. Weinberg was quoted in a Michigan Lawyers Weekly report titled "Cyber (in)security: Risk for hacking rising at law firms of all sizes."

Read Article

Training the next generation of lawyers, advocates and leaders