Jonathan T. Weinberg
Office: Room 3105
Telephone: (313) 577-3942
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A.B., Harvard University
J.D., Columbia Law School
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.
The Right to be Taken Seriously, 67 U. Miami L. Rev. – (forthcoming 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, available at http://www.law.berkeley.edu/
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)
US 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), available at
Rating the Net, 19 HASTINGS COMM/ENT L.J. 455 (1997). This article has also been published in THE V-CHIP DEBATE: LABELING AND RATING CONTENT FROM TELEVISION 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 EDITION 177 (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 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 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 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 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 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 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.)
- July 30, 2010
Jonathan Weinberg's paper, "Non-State Actors and Global Informal Governance: The Case of ICANN," made the Social Science Research Network's "top ten" list for recent downloads in the field of cyberspace law.
- July 30, 2010
Jonathan Weinberg commented on Lori Nessel's paper, "The Practice of Medical Repatriation: The Privatization of Immigration Enforcement and Denial of Human Rights," at the 2010 Immigration Law Teachers' Workshop at DePaul University.
- March 16, 2010
Jonathan Weinberg along with Professor Rachel Settlage and students from the Asylum and Immigration Law Clinic, participated in a free immigration legal clinic for Haitians on March 6, 2010 in Lansing. The Clinic co-sponsored with the Michigan Immigrant Rights Project and Michigan Chapter of the American Immigration Lawyers Association.
- February 5, 2010
Jonathan Weinberg moderated and participated in a panel on "The Future of the Media Marketplace" at the American Association of Law Schools annual meeting on Jan. 9, 2010.
- February 5, 2010
Jonathan Weinberg participated on a panel on "Defining Transparency" at a workshop on "Open Government: Defining, Designing, and Sustaining Transparency" sponsored by Princeton University's Center for Information Technology Policy on Jan. 24, 2010. Video at http://bc.princeton.edu/flash/4x3.html?videofile=StreamAS/flash/citp/20100121_panel_1.mp4
- February 4, 2010
Jonathan Weinberg moderated a panel at the Law Review symposium on "Comprehensive Immigration Reform: Problems,
Possibilities and Pragmatic Solutions," which he also helped organize.
- January 29, 2009
Jonathan Weinberg will publish a book review, The End of Citizenship?, in 2009 in the Michigan Law Review.
- January 23, 2009
Jonathan Weinberg organized a panel discussion on "Immigration, Databases, Credentials, and Privacy" at the 2009 annual meeting of the American Association of Law Schools. At that meeting, he stepped down as chair of the AALS Defamation and Privacy section and began a year as chair of the section on Mass Communications Law.
- October 1, 2008
Jonathan Weinberg moderated a panel on "Implications of Regulatory Asymmetry Across the Globe" at the TPRC Conference on Communication, Information and Internet Policy on Sept. 27, 2008.
- September 29, 2008
Jonathan Weinberg participated on a panel on "The Future of Trusted Systems" at a Workshop on Interdisciplinary Studies on Information Security and Privacy, held at New York University's Interdisciplinary Center for Information Security and Privacy on Sept. 26, 2008.
- May 8, 2008
Jonathan Weinberg was a commenter on Adam Cox & Cristina Rodríguez's paper "The President and Immigration Law" at the biennial Immigration Law Teachers' Workshop in May 2008.
- March 31, 2008
Jonathan Weinberg was a commenter on Peter Spiro's book Beyond Citizenship: American Identity After Globalization at Wayne State University's Fifth Annual Conference on Citizenship Studies on March 27-29, 2008. Later on, he was an invited participant in a colloqium on the book at the Opinio Juris website.
- Jonathan Weinberg was quoted in a Michigan Lawyers Weekly report titled "Cyber (in)security: Risk for hacking rising at law firms of all sizes."
- Jonathan Weinberg was quoted in a News-Herald Newspaper article titled "ELECTION 2012: STATE: Proposal 6 would put bridges, tunnels in voters' hands."
- Jonathan Weinberg was quoted in a News-Herald Newspaper article titled "Anti-Sharia proposals about culture, not courts"
- Jonathan Weinberg was quoted in a New America Media article titled "Immigrant tracking moves deeper into realm of sci-fi."
- Jonathan Weinberg was interviewed on KGO-AM radio in San Francisco on Feb. 9 about a report he co-authored titled "Hard to BELIEVE: The High Cost of a Biometric Identity Card" which evaluates proposals for a mandatory nationwide biometric identity card, intended to prove that a person is authorized to work in the US.
- Jonathan Weinberg was quoted in a Silicon Valley Mercury News article titled "National worker ID card a bad idea, says UC Berkeley study."
- Jonathan Weinberg was quoted in the lead article, titled "Board Said Seeking Reassurance That New gTLD Issues Have Been Fully Resolved," of the December 29, 2011, issue of Washington Internet Daily, a subscriber-only publication covering legislative, regulatory and judicial news affecting internet business.
- Jonathan Weinberg was quoted in a Detroit News article titled "Online piracy bills ripped; Area critics say fed effort could curb Michigan's growth."
- Jonathan Weinberg was quoted in a Detroit News article on the constitutionality of a state law used to prevent former Detroit Mayor Kwame Kilpatrick from receiving profits from the sale of his book. He was interviewed by Bill Bonds on WCAR on the same topic.
- Jonathan Weinberg commented in a Detroit Free Press article titled "Cooley Law School sues for bloggers names." The Thomas M. Cooley Law School, based in Lansing, is suing four anonymous bloggers and a New York law firm in two separate, but related, suits that claim the school's reputation was defamed by a series of Web postings. The suit alleges that law firm Kurzon Strauss singled it out in a Web posting that claimed the school "grossly inflates" job-placement data and is under federal investigation. "Getting an Ingham County judge to order Web site hosting companies to reveal the identities of anonymous bloggers/posters will be a tough hurdle to clear," Weinberg said. "You need to make a pretty substantial showing that you would win a defamation lawsuit for a judge to order the release of names."
- Jonathan Weinberg was featured in a recent Legal News article titled "Frontier lawman: WSU professor helps decode mysteries of cyberspace law."
- Jonathan Weinberg commented in an article in the Washington Internet Daily titled "Legal, Regulatory Implications of P2P Currency System Said Unclear." The article addresses peer-to-peer currency Bitcoin, which is touted as the world's first completely distributed digital currency. According to Weinberg, "Bitcoins have many disadvantages compared with conventional money instruments and only one advantage, anonymity."
- Jonathan Weinberg commented in a Capital News Service article titled "Computer privacy proposal prompts concerns." He also was quoted in a South End article titled "Michigan group goes 'fishing' for emails: Right-leaning Center asks to see labor profs' correspondence related to Wisconsin" and in another South End article titled "No charges sought against undocumented Detroit activist: Detroiter Dayanna Rebolledo, six other students arrested, later released in Atlanta after demonstration."
- Jonathan Weinberg was mentioned in a blog posting by Mike Thompson of the Detroit Free Press. Thompson, who is examining and writing about the impact of economics on our democracy in celebration of National Constitution Week, will host Professor Weinberg in a web chat on freep.com Friday at noon.
- Jonathan Weinberg commented on the recent stem cell decision on John Marshall's Talking Points Memo website.
- Jonathan Weinberg commented on the immigration issues of Mohammad Abdollahi, an immigrant student facing possible deportation. Abdollahi participated in a protest that pushed for the passage of the Development, Relief and Education for Alien Minors bill which will help the foreign-born children of illegal immigrants more easily gain access to American colleges.
- Jonathan Weinberg commented during a WWJ-AM interview about President Barack Obama's nomination of Elena Kagan as a U.S. Supreme Court Justice.
- Jonathan Weinberg was quoted by Dugie Standeford in an article titled "Commerce Committee ICANN Letter Could Inflame Fears of U.S. Overreaching" in the Washington Internet Daily on Aug. 11, 2009.
- Jonathan Weinberg commented in a story about the federal Development, Relief and Education for Alien Minors (DREAM) Act. The DREAM Act would provide conditional legal status to undocumented students who entered the country before age 16 and lived here at least five years and graduated from a U.S. high school or earned a GED.
- Jonathan Weinberg provided his legal expertise in a Detroit Metro Times article titled "Tangled up in cable: How lawsuits, legislation and injunctions change the way your TV is watched and paid for" on May 6, 2009.
- Jonathan Weinberg provided legal expertise in a Detroit Metro Times story titled "Home rules: As economy slides, state legislatures eye curbs on illegal immigrants."
- Jonathan Weinberg provided his legal expertise in a Detroit Metro Times story on Obama's immigration policy challenges.