The Logic of Scarcity: Idle Spectrum as a First Amendment Violation

The Supreme Court has distinguished the regulation of radio spectrum from the regulation of printing presses, and applied more lenient scrutiny to the regulation of spectrum, based on its conclusion that the spectrum is unusually scarce. The Court has never confronted an allegation that government actions resulted in unused or underused frequencies, but there is good reason to believe that such government-created idle frequencies exist. Government limits on the number of printing presses almost assuredly would be subject to heightened scrutiny and would not survive such scrutiny. This Article addresses the question whether the scarcity rationale -- or any other reasoning -- supports distinguishing spectrum from print such that government actions constricting the supply of spectrum would pass muster. I argue that the scarcity rationale does not support, and instead undercuts, government actions that limit the use of the spectrum. Government decisions that exacerbate the problems that gave rise to government regulation in the first place subvert the entire justification [*pg 2] for lenient review. And no other rationale would distinguish spectrum from print in a way that would support government constraints on the former but not the latter. Commentators have not attended to this question of the constitutional status of idle spectrum, perhaps assuming that NBC v. United States and Red Lion Broadcasting Co. v. FCC effectively held that all regulation of spectrum is subject to lenient scrutiny. But the cases did not purport to extend so broadly, and there is good reason to conclude that their lenient review would not apply to government actions reducing the availability of spectrum. The appropriate review, I contend, is the intermediate scrutiny ordinarily applied to content-neutral speech regulation. In order to satisfy such scrutiny, the government must put forward an important or substantial government interest. I suggest that in most cases the only interest that would justify a refusal to allocate spectrum is nontrivial interference. I thus conclude that, even if one accepts the current state of the doctrine, the government cannot exclude noninterfering uses from the spectrum

Mobile Pen and Paper Interaction

Although smartphones, tablets and other mobile devices become increasingly popular, pen and paper continue to play an important role in mobile settings, such as note taking or creative discussions. However, information on paper documents remains static and usage practices involving sharing, researching, linking or in any other way digitally processing information on paper are hindered by the gap between the digital and physical worlds. A considerable body of research has leveraged digital pen technology in order to overcome this problem with respect to static settings, however, systematically neglecting the mobile domain. Only recently, several approaches began exploring the mobile domain and developing initial insights into mobile pen-and-paper interaction (mPPI), e.g., to publish digital sketches, [Cowan et al., 2011], link paper and digital artifacts, [Pietrzak et al., 2012] or compose music, [Tsandilas, 2012]. However, applications designed to integrate the most common mobile tools pen, paper and mobile devices, thereby combining the benefits of both worlds in a hybrid mPPI ensemble, are hindered by the lack of supporting infrastructures and limited theoretical understanding of interaction design in the domain. This thesis advances the field by contributing a novel infrastructural approach toward supporting mPPI. It allows applications employing digital pen technology in controlling interactive functionality while preserving mobile characteristics of pen and paper. In addition, it contributes a conceptual framework of user interaction in the domain suiting to serve as basis for novel mPPI toolkits. Such toolkits ease development of mPPI solutions by focusing on expressing interaction rather than designing user interfaces by means of rigid widget sets. As such, they provide the link between infrastructure and interaction in the domain. Lastly, this thesis presents a novel, empirically substantiated theory of interaction in hybrid mPPI ensembles. This theory informs interaction design of mPPI, ultimately allowing to develop compelling and engaging interactive systems employing this modality

Jeeves : a blocks-based approach to end-user development of experience sampling apps

Professional programmers are significantly outnumbered by end-users of software, and cannot possibly predict the diverse and dynamic needs of user groups in advance. This thesis is concerned with the provision of an end-user development (EUD) approach, allowing end-users to independently create and modify their own software. EUD activities are particularly applicable to the work practices of psychology researchers and clinicians, who are increasingly dependent on software for assessment of participants and patients, but must also depend on developers to realise their requirements. This thesis targets these professionals, with an EUD solution to creating assessment software. The Experience Sampling Method (ESM) is one such means of assessment that takes place in participants’ everyday lives. Through regular completion of subjective self-reports, participants provide rich detail of their ongoing physical and emotional well-being. However, lack of engagement with such studies remains a prevalent issue. This thesis investigates features for maximising engagement with experience sampling smartphone apps. Such apps are becoming accepted as standard practice for remote assessment, but researchers are stifled by the complexity and cost of implementation. Moreover, existing EUD tools are insufficient for development of ESM apps that include engaging features. This thesis presents the development of Jeeves, an EUD tool with a blocks-based programming paradigm that empowers non-programmers to rapidly develop tailored, context-sensitive ESM apps. The adoption of Jeeves is contingent on a number of factors, including its ease-of-use, real-world utility, and organisational conditions. Failure to incorporate the necessary functionality pertaining to these factors into Jeeves will lead to abandonment. This thesis is concerned with establishing the usability, utility, and external factors necessary for adoption of Jeeves. Further, Jeeves is evaluated with respect to these factors through a series of rigorous studies from a range of application domains."This work was supported by a University of St Andrews 600th Anniversary PhD Scholarship (School of Computer Science)." -- Fundin