Digital Commons Network^™

Turning A Blind Eye To Misleading Scientific Testimony: Failure Of Procedural Safeguards In A Capital Trial, William C. Thompson

William C Thompson

In September 1999, Robin Lovitt was convicted and sentenced to death for the murder of a pool hall manager in Arlington, Virginia. The DNA evidence that was a key part of the government’s case was presented in a misleading and unfair manner. In this case study, we first examine the way in which DNA evidence was misused. We then discuss the failure of the legal system at all levels to recognize and remedy this problem. Our goal is to explain how a system that supposedly leaves no stone unturned in capital trials managed to miss or ignore a crucial problem …

Real World Toys And Currency Turn The Legal World Upside Down: A Cross-Sectional Update On Virtual World Legalities, Ian W. Gillies

Ian W. Gillies

With 40 million members on the leading virtual world and overall user growth at 22%, some experts are saying virtual worlds are to the new millennium what websites were to the 90s. Just as the technological and economic growth of the internet drove numerous moral and legal issues to the forefront of society, so also will virtual world growth expand the overlapping moral and legal boundaries between virtual and real world experience. This paper provides a technology and market overview of virtual worlds and explores the intersection of some social and legal issues arising from the financial opportunity and virtual …

'Scrubbing' The Inbox: A Constitutional Alternative To Child Protection Registries, David Logan Pool

David Logan Pool

After the judicial demise of the Communications Decency Act and Child Online Protection Act and the continued impotency of CAN-SPAM to curb unsolicited commercial email, children remain vulnerable to harmful, indecent content via their inbox. In a recent attempt to curtail such exposure, several States have created Child Protection Registries. In essence, the laws allow children to register their email addresses with the state. The state laws impose significant criminal and civil penalties on senders of indecent material who send such emails to registered minors. Because the States retain the list of protected emails, senders of potentially indecent emails must, …

Space Program And Business In India, Shashi Sharma

Shashi Sharma

No abstract provided.

E-Commerce Taxation And Cyberspace Law: The Integrative Adaptation Model, Rifat Azam Dr.

Rifat Azam Dr.

This article argues that the current debate on international taxation of e-commerce is totally tax oriented and ignores cyberspace law and that this separation is unjustified and harmful to the development of e-commerce taxation law. Mutual intellectual feeding and integrative debate that is open and interesting to the general legal scholarly community is necessary to improve ecommerce law. To begin a debate on e-commerce taxation as part of cyberspace law, the author describes and incorporates for the first time the primary cyberspace literature into the e-commerce taxation debate. The author draws lessons from judicial jurisdiction in cyberspace, criminal law in …

A Primer On Network Neutrality, Rob M. Frieden

Rob Frieden

This paper will explain the different conceptualizations of network neutrality and why a debate has arisen about whether governments need to establish rules mandating nondiscrimination. The paper will identify what types of price and quality of service discrimination represent legitimate efforts to diversify Internet-mediated services and to satisfy increasingly diverse requirements of content providers and consumers. The paper concludes that while many concerns about network neutrality overstate the potential for harm, ISPs should offer non-neutral services in a fully transparent manner so that regulators can distinguish between actual and induced network congestion as well as other potential harm to content …

Network Neutrality And Its Potential Impact On Next Generation Networks , Rob M. Frieden

Rob Frieden

This paper will examine the network neutrality debate with an eye toward assessing how the Internet will evolve as a major platform for content access and distribution. The paper accepts as necessary and proper many types of price and quality of service discrimination, but also identifies other types of potentially hidden and harmful discrimination. The paper concludes with an identification of best practices in “good” discrimination that should satisfy most network neutrality goals without creating disincentives that might dissuade ISPs from building the infrastructure needed distribution of high bandwidth consuming content such as full motion video.

Data Protection Online: Alternative Approaches To Sensitive Data, Rebecca Wong

Dr Rebecca Wong

The paper aims to review the criterion of “sensitive data” under Art. 8 of the Data Protection Directive 95/46/EC (DPD) in the online environment. Sensitive data is defined under Art. 8 as ‘personal data revealing racial origin, political opinions or religious or philosophical beliefs, trade union membership, and the processing of data concerning health or sex life.’ Following the Lindqvist case (C-101-01), it is questionable how the criterion applies in practice. More specifically, it can be contended that any images/photographs of the data subject uploaded on the internet falls within Art. 8 of the DPD because the image/picture reveals some …

The Profits Of Infringement: Richard Posner V. Learned Hand, Stephen E. Margolis

STEPHEN MARGOLIS

Abstract A circuit split regarding the calculation of profits in copyright and trademark infringement cases can yield order of magnitude differences in the resulting awards. Owners of infringed trademarks and copyrights can be awarded the profits that result from the infringement. The statutes are silent on the definition of profits and the Courts of Appeals split on how profits are computed. All courts start with revenues and allow the defendant to deduct variable costs, but courts differ in the treatment of fixed costs. In the Second Circuit, a 1939 decision written by Judge Learned Hand establishes a rule that allows …

In Defense Of Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland

H. Brian Holland

No abstract provided.

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan G. Vacca

Ryan G. Vacca

This Article explores the development of copyright law’s first sale doctrine and the Record Rental Amendment (RRA) in light of the Sixth Circuit’s interpretation of the RRA in Brilliance Audio, Inc. v. Haights Cross Communications, Inc. This Article does not take issue with the court’s conclusion, but instead uses the differing conclusions of the majority and dissent to illustrate that the RRA exception is in need of Congressional clarification. This Article also examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works, concluding that they should. The author then proposes two alternative amendments to …

Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi

Nicola Lucchi

Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).

Regulatory Supervision Of Emerging Technologies: A Case For Nanotechnology In India, Nupur Chowdhury

Nupur Chowdhury

Regulatory supervision of emerging technologies is seen as unfriendly to business ventures entering uncharted areas. However, technologies like nanotechnology should be supervised as they pose potential environmental risks and health hazards. The initial investments into research in such technologies are public-funded and, hence, it is important to consider questions of efficiency in resource allocation, the need for transparency and public involvement in decision-making.

The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon

Aaron R. Harmon

Methamphetamine labs can be set up anywhere. One batch of methamphetamine produces five to seven pounds of toxic byproduct. These contaminants are often dumped at the production site and, along with airborne contaminants from the cooking process, leave behind a “methfield.” States have developed widely divergent standards for methfield remediation. This Comment examines the solution proposed under the Methamphetamine Remediation Research Act of 2005 (“MRRA”). Part II provides some background on methamphetamine use, production, and cleanup. Part III reviews how methfields have been addressed by state and federal agencies. Part IV evaluates the MRRA and assesses its potential contributions to …

Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie

Dr Rebecca Wong

Clickstream data is an issue that cannot be ignored by non-EEA data controllers, data protection authorities, legislators and the judiciary. In this paper, the notion of clickstream data is discussed in the context of the European data protection framework and the US legal framework. This article considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC. The article discusses the impact of the Wiretap Act 18 U.S.C. § 2701 (2004) and related statutes. The paper calls for more discussion and guidelines by data protection authorities into the notion of clickstream data …

The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland

H. Brian Holland

No abstract provided.

Regulating Electronic Contracts: Comparing The European And North American Approaches, Andrew D. Murray

Professor Andrew D Murray

The development of on-line retailing (or e-tailing) is an essential element of the commercial development of Cyberspace and has provided the foundation of a flourishing online business community. The ability to enter into and perform contracts online is at the heart of this development. Without the certainty offered by a legal obligation to supply goods or services consumers may feel exposed, leading to faltering consumer confidence in electronic commerce with potentially harmful economic consequences. This paper compares how the two leading e-commerce trade blocs, the European Union and the United States have dealt with these challenges. It will highlight the …

Regulation And Rights In Networked Space, Andrew D. Murray

Professor Andrew D Murray

The Internet is often described as inherently free from regulation; a space where freedoms and liberties are guaranteed by the design of the network environment. The naivety of this view has, however, been exposed by commentators such as Andrew Shapiro, Joel Reidenberg and Lawrence Lessig who have clearly demonstrated the inherent regulability of networked space. The question no longer is: can networked space be regulated? But rather: how and by whom is it regulated? This paper examines the regulation of rights in networked space. In seeking to address this issue, property rights and rights to free speech, or free expression, …