This Note argues that the United States currently lacks jurisdiction to prevent off-shore broadcasts by U.S citizens on foreign-registered ships. Part I reviews the problems created by these ‘radio pirates' in the United States and the United Kingdom. Part II analyzes current federal law, international admiralty law, and the ITC, none of which authorize the seizure of a foreign-registered ship. Part III proposes that sections of the British Marine, &c., Broadcasting (Offences) Act (the ‘MBOA’) be used as a model for legislation in this area. This Note concludes that Congress should enact legislation allowing the FCC to enforce prohibitions on off-shore broadcasts by U.S. citizens on foreign-registered ships.
Howard A. Bender,
The Case of The SARAH: A Testing Ground for the Regulation of Radio Piracy in the United States,
12 Fordham Int'l L.J. 67
Available at: http://ir.lawnet.fordham.edu/ilj/vol12/iss1/4