Digital Commons Network^™

Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew J. King-Ries

Andrew J King-Ries

While the legal system has made progress in combating domestic violence in the last 30 years, this progress is threatened by the intersection of two recent developments: teenagers normalizing unhealthy relationship patterns through pervasive use of technology and law enforcement’s inability to adequately respond to cyberstalking. The combination of these trends suggests America is producing a new generation of domestic violence batterers.

Recent studies document extensive use of technology—email, texts, social networking—by teenagers in their intimate relationships. Teenagers’ use of technology in their dating relationships often mimics relationship patterns present in violent adult relationships. Teenagers appear to be normalizing unhealthy …

The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day

Terri R. Day

The New Digital Dating Behavior – Sexting: Teens’ Explicit Love Letters: Criminal Justice or Civil Liability proposes a unique response to the explosive combination of teens, sex and technology. This paper discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children’s sexting when done with actual malice. Recognizing that common law …

Using Cognitive Neuroscience As A Basis Upon Which To Accurately Predict The Future Dangerousness Of Violent Criminals And Thus Provide A Procedure For The Involuntary Commitment Of Such Individuals As A Part Of Or Following The Duration Of Their Sentence, Adam Lamparello

Adam Lamparello

No abstract provided.

Sexting: Application Of Criminal Law To Punish Poor Choices, Kevin Ramakrishna

Kevin Ramakrishna

Sexting has become the latest form of sexual discovery for American school children, and a major source of frustration for school administrators and law enforcement. Recently, the effects of sexting have led to the death of at least one high school student prompting law enforcement and schools to distribute the harshest punishments possible. When the problem first arose there were no laws to combat sexting. In order to punish those who engaged in sexting, law enforcement used sex offender and child pornography laws. As a result, teenagers have been placed on sex offender registries and must carry the burden of …

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Thomas R. May

No abstract provided.

Model Omnibus Privacy Statute, Sam S. Han Ph.D.

Sam Han

One of today’s major concerns is how easily digital information can be copied and disseminated. Thus, when one’s private information becomes publicly available in digital format, that information can be readily duplicated and distributed across the globe within seconds. If the disseminated information includes credit card numbers or Social Security numbers, then there is a heightened exposure to identity theft and a host of other privacy-related crimes.

Given the existence of such a digital landmine, laws have been promulgated for various sectors (e.g., financial, healthcare, government, etc.) to protect personally-identifiable information. However, due to differing needs of the various sectors, …

Biometrics, Retinal Scanning, And The Right To Privacy In The 21st Century, Stephen Hoffman

Stephen P. Hoffman

Biometric identification techniques such as retinal scanning and fingerprinting have now become commonplace, but near-future improvements on these methods present troubling issues for personal privacy. For example, retinal scanning can be used to diagnose certain medical conditions, even ones for which the patient has no symptoms or has any other way of detecting the problem. If a health insurance company scans the retinas of potential clients before they purchase coverage, they could be charged higher premiums for conditions that do not present any issues. Not only is this unfair, but the ease with which these scans can be conducted—including scanning …