Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Information (6)
- Internet (5)
- Privacy (3)
- Access to information (2)
- Compliance (2)
-
- Copyright law (2)
- Advertising (1)
- Anonymity (1)
- Arrangement (1)
- Behavior (1)
- China - IPR (1)
- Classification (1)
- Consumers (1)
- Copyright protection (1)
- Databases (1)
- Direct democracy (1)
- Disclosure (1)
- Discovery (1)
- Doe v. Reed (1)
- Domain names (1)
- Electronic evidence (1)
- Email (1)
- Empirical studies (1)
- Enforcement (1)
- Federal Rules of Evidence (1)
- Federal Trade Commission (1)
- Feist Publications Inc. v. Rural Telephone Service Co. (1)
- Freedom of information (1)
- Globalization (1)
- History (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
University of Michigan Journal of Law Reform
This Note proposes that the Washington State Legislature amend its Public Records Act to exempt from public disclosure personal information legally required to be disclosed by signers of referendum petitions. This Note also proposes that the Washington State Legislature designate an electronic system, to be detailed in its election law, by which referendum petitions can be checked for fraud without violating the right to anonymous expression protected by the First Amendment. Part I describes Washington State's referendum process and the path of Doe v. Reed, the case animating the reform presented in this Note. Part II illustrates how the rise …
Toward A Trips Truce, Patricia L. Judd
Toward A Trips Truce, Patricia L. Judd
Michigan Journal of International Law
The World Trade Organization's (WTO's) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS or Agreement), now over fifteen years old, regulates a marketplace characterized by extraordinary dynamism, influenced by the constant forces of globalization and technological evolution. Attempts to regulate this market raise natural, persistent questions concerning the Agreement's ability to serve its respective constituencies and adapt to change. The Agreement operates in the midst of an age-old dynamic pitting developing and developed countries against one another, especially when it comes to domestic enforcement against piracy and counterfeiting-a dynamic in which TRIPS has been criticized as a one-sided instrument. …
Databases And Dynamism, Michal Shur-Ofry
Databases And Dynamism, Michal Shur-Ofry
University of Michigan Journal of Law Reform
Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. Accordingly, scholarship on copyright protection of databases typically concentrates on the social need to access their content. This Article seeks to shift the focus of the debate, arguing that the copyrightdatabases debate is not merely a static "access to information" story. Instead, it is a dynamic story of relations, hierarchies, and interactions between pieces of information, determined by database creators. It is also a story of patterns, categories, selections, and taxonomies that are often invisible to the naked eye, but that influence our perceptions …
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Michigan Telecommunications & Technology Law Review
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Governments, Privatization, And Privatization: Icann And The Gac, Jonathan Weinberg
Governments, Privatization, And Privatization: Icann And The Gac, Jonathan Weinberg
Michigan Telecommunications & Technology Law Review
The Internet Corporation for Assigned Names and Numbers (ICANN) sets the rules for the Internet addressing systems that make it possible for users to send email, view webpages, or otherwise connect to Internet resources. Its most visible function is to supervise the domain name system, which identifies Internet resources by "domain names" such as "wayne.edu" or "threecats.net." ICANN's control gives it authority over how domain names are structured and what they look like; it gives it regulatory and economic power over a substantial set of businesses involved with Internet addressing.[...] What kind of organization, then, is ICANN? It is in …
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Michigan Telecommunications & Technology Law Review
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …
A Path Toward User Control Of Online Profiling, Tracy A. Steindel
A Path Toward User Control Of Online Profiling, Tracy A. Steindel
Michigan Telecommunications & Technology Law Review
Online profiling is "the practice of tracking information about consumers' interests by monitoring their movements online." A primary purpose of online profiling is to "deliver advertising tailored to the individual's interests," a practice known as online behavioral advertising (OBA). In order to accomplish this, publishers and advertisers track a individual's online behavior using cookies and other means. Publishers and advertisers aggregate the information, often compile it with information from offline sources, and sort individuals into groups based on characteristics such as age, income, and hobbies. Advertisers can then purchase access to these consumer groups, controlling their selections with such specificity …
Information Anxieties, G. S. Hans
Information Anxieties, G. S. Hans
Michigan Telecommunications & Technology Law Review
The constant access and instant publication that the Internet allows have given every pundit an online soapbox. This content explosion has created two related problems for consumers and industry: how to find valuable content online (whatever "valuable" means) and how to moderate the flow of the content itself. Tim Wu argues in The Master Switch that the second issue of content control and mediation has been fiercely debated in the United States as far back as the invention of the telephone in the late nineteenth century. Consumers, creators, companies, and government officials have disputed the appropriate regulations for the devices …