Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Embry-Riddle Aeronautical University (40)
- UIC School of Law (19)
- Schulich School of Law, Dalhousie University (10)
- University of Richmond (9)
- University of Washington School of Law (5)
-
- Cleveland State University (3)
- American University Washington College of Law (2)
- University of the District of Columbia School of Law (2)
- Vanderbilt University Law School (2)
- Barry University School of Law (1)
- Brigham Young University Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Seattle University School of Law (1)
- Universitas Indonesia (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Digital forensics (4)
- Case study (2)
- Computer Fraud and Abuse Act (2)
- Digital evidence (2)
- E-discovery (2)
-
- ESI (2)
- Electronic discovery (2)
- Forensics (2)
- Software (2)
- : Google Desktop (1)
- A Critical Look at the Anti-Counterfeiting Trade Agreement (1)
- ADSL router forensics (1)
- Access to information (1)
- Advertising of pharmaceuticals (1)
- Amazon Kindle (1)
- Amazon.com (1)
- Antitrust law (1)
- Anything but Academic: How Copyright’s Work-for-Hire Doctrine Affects Professors Graduate Students and K-12 Teachers in the Information Age (1)
- Arrangement (1)
- Artifacts (1)
- Authorization (1)
- Better Late Than Never: How the Online Advertising Industry’s Response to Proposed Privacy Legislation Eliminates the Need for Regulation (1)
- Broadband router (1)
- Busting Blocks: Revisiting 47 U.S.C. § 230 to Address the Lack of Effective Legal Recourse for Wrongful Inclusion in Spam Filters (1)
- CMMI (1)
- Capability Maturity Model Integration (1)
- Case Example (1)
- Case Study (1)
- Children's privacy online (1)
- Children’s privacy rights (1)
- Publication
-
- Journal of Digital Forensics, Security and Law (40)
- UIC John Marshall Journal of Information Technology & Privacy Law (12)
- Canadian Journal of Law and Technology (10)
- Richmond Journal of Law & Technology (7)
- Washington Journal of Law, Technology & Arts (5)
-
- UIC Law Review (4)
- UIC Review of Intellectual Property Law (3)
- Cleveland State Law Review (2)
- Legislation and Policy Brief (2)
- University of the District of Columbia Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- BYU Law Review (1)
- Barry Law Review (1)
- Federal Communications Law Journal (1)
- Global Business Law Review (1)
- Indonesia Law Review (1)
- NYLS Law Review (1)
- Richmond Journal of Law and the Public Interest (1)
- Richmond Public Interest Law Review (1)
- Seattle University Law Review (1)
- UNLV Gaming Law Journal (1)
- University of Miami Business Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 102
Full-Text Articles in Law
End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson
End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson
Washington Journal of Law, Technology & Arts
The National Conference of Commissioners on Uniform State Laws (NCCUSL) developed the Uniform Trade Secrets Act (UTSA) to unify the laws regulating the improper use of secret, economically advantageous information. However, consumers often procure software and other products without knowledge of any trade secrets used in the production of the products. Some companies have sought remedies against end users of products developed using trade secrets. But in Silvaco Data Systems v. Intel Corp., a California appeals court considering this issue in the software context held that execution of compiled object code, which is not easily interpreted by humans, is …
Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson
Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson
Washington Journal of Law, Technology & Arts
In driving under the influence (DUI) cases, prosecutors habitually rely on the results from breathalyzer tests as proof of the defendant’s blood alcohol level at the time of arrest. In response, DUI defendants often attempt to compel discovery of the source code contained in the test device, which can reveal whether the breath test at issue was performed accurately. Despite the popularity of this strategy, nearly all states to consider the issue have denied the defendant’s motion for discovery of breathalyzer source code. The majority of courts construe state and federal rules of criminal procedure to limit discovery orders to …
Deception Absent Duty: Computer Hackers & Section 10(B) Liability, Brian A. Karol
Deception Absent Duty: Computer Hackers & Section 10(B) Liability, Brian A. Karol
University of Miami Business Law Review
No abstract provided.
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark
Washington Journal of Law, Technology & Arts
In January 2010, the U.S. District Court for the District of Oregon decided U.S. v. Ahrndt, the first case regarding the reasonable expectation of privacy in a home wireless internet network. The court found that the defendant had no reasonable expectation of privacy in his unsecured home wireless network because he had openly shared information on a system freely accessible by his neighbors. This Article examines the Ahrndt case and the potential legal effect this issue may have on an individual’s expectation of privacy in his or her wireless network and personal computer files. This Article concludes that although …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Legislation and Policy Brief
On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register. As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status. Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …
Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer
Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer
Seattle University Law Review
Gambling enthusiasts in Washington may be dismayed to learn that while it is legal to place a wager at one of the numerous brick-and-mortar casinos located in the state, placing the same wager over the Internet is a crime. This result arises from a 2006 amendment to Washington Revised Code 9.46.240 (the Gambling Act), which effectively bans individuals from placing bets or wagers over the Internet from Washington. In addition to prohibiting bets made by individuals, the law also prohibits Internet gambling businesses from receiving bets placed by individuals in Washington—even if those gambling businesses operate far from the state’s …
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Canadian Journal of Law and Technology
New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …
The Internet And Protection Of Children Online: Time For Change, Jill Scott
The Internet And Protection Of Children Online: Time For Change, Jill Scott
Canadian Journal of Law and Technology
This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.
Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Canadian Journal of Law and Technology
In this paper we begin by describing location-based services, their evolution and their future directions. We then outline privacy issues raised by such services. In Part III we consider how current Canadian data protection laws apply to location-based services, and indicate where such laws fall short of addressing the full range of issues raised by location-based services. Part IV of the paper explores some technological methods to address the privacy challenges raised by location-based services. The paper concludes with a series of recommendations.
Electronic Discovery- Sedona Canada Is Inadequate On Records Management - Here's Sedona Canada In Amended Form, Ken Chasse
Canadian Journal of Law and Technology
A paper record can exist without its records system; an electronic record cannot. To use, corrupt, or destroy a paper record, one needs physical access to the records system wherein it is stored. But to use, corrupt, or destroy an electronic record one merely needs electronic access to its records system, from anywhere. Therefore any set of rules or principles for controlling the use of electronic records for any purpose, including electronic discovery, should incorporate the established policies and practices of electronic records management.
As to cost, rules of electronic discovery are needed with which to punish par- ties with …
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Canadian Journal of Law and Technology
This paper focuses on taxation issues faced by non-resident e-commerce companies with no sustained presence in Canada apart from a web site. The tax liability of foreign corporations with a Canadian subsidiary, a physical Canadian office, or Canadian-based employees or agents will not be considered, even though there is substantial overlap in some of the relevant issues. By e-commerce companies we refer broadly to any firms conducting their primary business — whether business- to-business (B2B) or business-to-consumer (B2C) — by means of the internet.
In the first section we outline the framework for Canada’s taxation of non-residents conducting business in …
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Canadian Journal of Law and Technology
This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Canadian Journal of Law and Technology
Methods of medical treatment are not patentable in Canada. This means that inventions involving the performance of surgery, administration of medicine, or extraction of fluids or tissue for diagnostic tests cannot directly be protected under the current patent regime. However, this prohibition is not an absolute ban. Many medical innovations are patentable, including surgical tools and devices, drugs and other chemical compounds, medical “uses”, diagnostic assays and methods of treat- ing “natural” conditions. The practical reality is that the distinction between what is and what is not patentable is poorly defined. This uncertainty presents a steep challenge for inventors and …
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
Canadian Journal of Law and Technology
Nous nous intéresserons particulièrement à la mutation du paradigme de la régulation de l’audiovisuel classique13 dû à plusieurs facteurs: pour être diffuseur sur les ondes hertzienne il fallait être titulaire d’une licence accordé par l’Etat, sur Internet tout le monde peut l’être à sa guise. Les moyens techniques et financiers ne sont plus une barrière à l’ entrée, le nombre de joueurs qui e ́ tait jusque-là restreint devient, en théorie, incalculable. Le mécanisme de responsabilité mis en place est remis en cause, par la dilution des frontières, l’anonymat, ou l’insolvabilité des diffuseurs. Les modèles d’affaires doivent être revus, le …
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Washington and Lee Law Review
No abstract provided.
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Canadian Journal of Law and Technology
The Supreme Court of Canada has consistently wrestled with the conflict between legislation designed to protect consumers’ health and the constitutional guarantee of the fundamental freedom of expression. This paper investigates the justification for the current regulatory framework for pharmaceutical advertising on television. Aware that the provisions in the FDA are able to withstand Charter of Rights and Freedoms (Charter) scrutiny, several possible policy initiations are nevertheless proposed.
The paper is divided into five separate sections. Having first introduced DTCA of pharmaceuticals on television in Section I, I will now turn to a more comprehensive examination of DTCA in Canada …
Lessons From Bilski, Haewon Chung
Lessons From Bilski, Haewon Chung
Canadian Journal of Law and Technology
In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian …
Tanggung Jawab Hukum Penyelenggara Sistem Elektronik (Law Responsibility Of The Electronic System Providers), Abdul Salam
Tanggung Jawab Hukum Penyelenggara Sistem Elektronik (Law Responsibility Of The Electronic System Providers), Abdul Salam
Indonesia Law Review
Reviewing Edmon Makarim’s book which is about Law Responsibility of the Electronic System Providers, remind us that easiness and availability of electronic system in electronic transaction in private or public happen because the role of electronic system providers. Behind the important and central role, there is big responsibility for electronic system providers. But because of wide of definition of provision of electronic system and so many people who involve in electronic system providers, there is a question in our mind, how is the shape of responsibility of the electronic system providers if the electronic system which is held is broken …
Jacobsen Revisited: Conditions, Covenants And The Future Of Open-Source Software Licenses, Yamini Menon
Jacobsen Revisited: Conditions, Covenants And The Future Of Open-Source Software Licenses, Yamini Menon
Washington Journal of Law, Technology & Arts
Open-source software licensing has become mainstream in the field of software development. Nowhere is this more evident than in the 2008 Federal Circuit decision Jacobsen v. Katzer, where the court first interpreted the terms of an open-source software license. The Jacobsen decision offers an important first step in how to interpret the terms of an open-source license, though it does not address how to interpret licenses other than the Artistic License. This Article explores how Jacobsen’s reasoning can be used to interpret the terms of other open-source licenses, particularly the GPL v.2, GPL v.3, Apache License v.2, BSD …
Regulation Of Gaming Device Software Development: Nevada’S Paradigm Shift On Independent Contractors, Dan R. Reaser
Regulation Of Gaming Device Software Development: Nevada’S Paradigm Shift On Independent Contractors, Dan R. Reaser
UNLV Gaming Law Journal
On April 22, 2010, the Nevada Gaming Commission (hereinafter the “Commission”) adopted a number of amendments to Regulation 14 governing the manufacture of gaming devices. A subset of these amendments were promulgated pursuant to changes to the Nevada Gaming Control Act (hereinafter the “Act”) during the Seventy-Fifth Session of the Nevada Legislature. The rules relate to “control programs” and the independent contractors who design, develop, program, produce, or compose software, source language or executable code compiled into the control program of a new gaming device or of a modification to a gaming device submitted for approval. These particular rules became …