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Full-Text Articles in Law

Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford Jan 2012

Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford

Faculty Publications

Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.


Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson Jan 2012

Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson

All Faculty Scholarship

Over two centuries have passed since Benjamin Franklin quipped that we should defend privacy over security if people wanted either privacy or security. Although his axiom did not become a rule of law in its original form, its principles found voice in the Fourth and Fifth Amendments of the Constitution's Bill of Rights. To a lesser extent, provisions against the quartering of troops in private homes found in the Third Amendment also support the idea that what a government can require you to do, or who you must have behind the doors of your home, is an area of grave …


Cyber Security And The Government/ Private Sector Connection, Jeffrey F. Addicott Jan 2012

Cyber Security And The Government/ Private Sector Connection, Jeffrey F. Addicott

Faculty Articles

The United States does not possess a sufficient cyber security framework. Over eighty-five percent of the critical infrastructure in the United States is controlled by private industry. The greatest concern is an intentional cyber attack against electronic control systems that regulate thousands of interconnected computers, routers, and switches. The centralized computer networks controlling the U.S. infrastructure presents tempting targets.

Generally, there are four types of cyber attacks. First, the most common, is service disruption—which aims to flood the target computer with data packets or connection requests, thereby making it unavailable to the user. The second type is designed to capture …


When You Pass On, Don't Leave The Passwords Behind: Planning For Digital Assets, Naomi R. Cahn, Gerry W. Beyer Jan 2012

When You Pass On, Don't Leave The Passwords Behind: Planning For Digital Assets, Naomi R. Cahn, Gerry W. Beyer

GW Law Faculty Publications & Other Works

The universe of digital assets is vast, including email accounts, picture and video storage sites, social networking sites, domain names, games and related sites; professional sites and backups; as well as online banking and business accounts. Moreover, digital assets go beyond online accounts to include your own personal or work computers, their hardware and software. If your clients are smart about their digital life, then they have numerous usernames, passwords, and security questions for their accounts. Trust and estates lawyers are increasingly helping to plan for the care of digital assets upon their client’s incapacity or death, providing advice concerning …