PREFACE In the original preparation of this work, there was no publication purpose. My duties in the Department of Commerce during the past few years gave me an intimate connection with the whole radio situation. It early became apparent that although much study had been given to the technical aspects of radio development, the legal features had received only the very slightest consideration, and, since a system was growing up which involved most intimate relationships between its members and the government, between itself and the public, and between its own units, it seemed almost as important to determine the basic legal rules upon which those relationships must depend, as to develop the technical features through which they might operate. This study of the law of radio communication was originally undertaken entirely for my own information and guidance, with the determination of these legal rules in view. There is no attempt in this work at exhaustive treatment of such subjects as the police power of the states or Federal authority over interstate commerce nor is there any effort or desire to duplicate the volumes which have been written about these subjects. The principles are stated to the extent considered necessary in their application to problems arising from radio communication and a very few illustrative cases are cited from the hundreds available. There is no dearth of material for anyone who may desire to pursue these features in more detail. The discussion of abstract principles is always difficult. In the absence of specific causes of litigation, it becomes necessary to imagine a condition, to create facts arbitrarily, and to apply legal rules to the situation thus presented. A slight change of fact in actuality may entirely alter legal results. Yet, in the field here covered, the lack of particular cases makes speculation the only recourse. In the hope that this discussion may stimulate thought on the legal phases of radio communication and may be helpful in the reaching of right conclusions, this work is presented to the public. WASHINGTON, D. C. THE AUTHOR. THE LAW OF RADIO CHAPTER I PRESENT CONDITIONS The growth of law follows social and economic development. Rules of conduct arise when there is subject matter upon which they may operate. Legislatures make their enactments to meet existing conditions, to prevent abuses already in practice or imminently threatened. Courts deal with controversies which have actually arisen. Legal progress consists in applying old principles to new conditions. Railroads and automobiles, telegraphs and telephones were invented, struggled for existence, and came into operation before there was special law for them; yet today, under statutes and judicial decisions, each has its own particular. and comprehensive code, regulating its conduct and determining its rights and liabilities. Their rules were developed slowly, step by step, conflicting legal claims being determined one by one as they received judicial or legislative attention, until the settlement of particular problems resulted in a great body of recognized law. The process still goes on. Radio communication is passing through the same stages. Starting as a scientific experiment, with unparalleled rapidity it has gained a high place among the communication systems of the world, but it is still so young that rules for its conduct are yet largely undetermined. Excepting litigation over patent rights,1 few controversies have reached the 1 Rights in inventions and liabilities for infringement fall within the general law applicable to patents, not under the law of radio communication, and are, therefore, not within the scope of this work. |