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Articles 1 - 30 of 56
Full-Text Articles in Law
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Welcoming Remarks And Statement Of The Issues, Fred H. Cate
Federal Communications Law Journal
The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.
From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …
Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner
Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner
Federal Communications Law Journal
Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.
The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Federal Communications Law Journal
The second panel of From Conduit to Content: The Emergence of Information Policy and Law addresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond to the diversity of issues, interests, and policymakers?" Participants include Fred H. Cate, Allen S. Hammond, Bruce W. McConnell, Michael Nelson, Janice Obuchowski, and Marc Rotenbergaddresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond …
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Federal Communications Law Journal
As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.
In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …
Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton
All Faculty Scholarship
This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.
In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins
Michigan Law Review
This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …
Prospecting The Internet, Peter W. Martin
Prospecting The Internet, Peter W. Martin
Cornell Law Faculty Publications
Potential clients, legal information and expert forums are waiting for lawyers on the 'Net. An innovator in online legal services explains why you need to be there.
Electronic Mail And Michigan's Public Disclosure Laws: The Argument For Public Access To Governmental Electronic Mail, Daniel F. Hunter
Electronic Mail And Michigan's Public Disclosure Laws: The Argument For Public Access To Governmental Electronic Mail, Daniel F. Hunter
University of Michigan Journal of Law Reform
This Note explores the potential for citizens to request electronic mail (e-mail) records from government agencies using public disclosure laws, with emphasis on the Michigan Freedom of Information Act (FOIA). E-mail is a medium that has come to replace both telephone calls and paper documents for many purposes. The applicability of public disclosure laws to e-mail, however, is less than clear. Telephone conversations by public employees for most purposes are confidential, while paper records created by those same employees can be requested under the FOIA. Thus, should public e-mail remain private and confidential or should it be subject to FOIA …
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Michigan Telecommunications & Technology Law Review
The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …
Adventures In Cyber-Space: Computer Technology And The Arkansas Freedom Of Information Act, Brian G. Brooks
Adventures In Cyber-Space: Computer Technology And The Arkansas Freedom Of Information Act, Brian G. Brooks
University of Arkansas at Little Rock Law Review
No abstract provided.
Access To The National Information Infrastructure, Henry H. Perritt Jr.
Access To The National Information Infrastructure, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
White House Electronic Mail And Federal Recordkeeping Law: Press "D" To Delect History, James D. Lewis
White House Electronic Mail And Federal Recordkeeping Law: Press "D" To Delect History, James D. Lewis
Michigan Law Review
This Note argues that federal recordkeeping law should promote the preservation of history above all other concerns. First, courts should construe and apply the recordkeeping statutes with this goal in mind. Second, Congress should amend the recordkeeping statutes to correct enforcement deficiencies that leave irresponsible recordkeeping practices unchecked and risk the loss of a historical record of White House decisionmaking. Finally, executive officials should adopt guidelines that identify and preserve historically significant materials regardless of the medium in which they are captured.
Part I of this Note examines the statutes that currently regulate the management and public disclosure of White …
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Richmond Journal of Law & Technology
Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
Over the last eight months, several people have asked why we decided to publish The Journal exclusively online. These concerns are not insignificant -- any embrace of a new technology should be made without blinders on. We were excited by the possibilities of publishing online, but the fears that we would not be taken seriously were very real. These fears have, however, been overcome by the enthusiasm which has greeted The Journal.
Overreaching Provisions In Software License Agreements, Michael Liberman
Overreaching Provisions In Software License Agreements, Michael Liberman
Richmond Journal of Law & Technology
Historically, software license agreements emerged as the most popular means of protection of proprietary rights in computer software. As a common form of contract and trade secret protection, software licenses coexist with other forms of intellectual property rights such as patent and copyright. The importance of these forms of protection has recently increased. Where the licensor fails to consider the implications of the relation between these forms of protection, the licensor's attempts to maximize contractual protection while restricting the licensee's activities regarding the licensed software may result in overreaching. Under these circumstances, a court may invalidate the license agreement in …
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Richmond Journal of Law & Technology
The company that controls the interface of the next major operating system will have the ability to set the standards for application software. It was not surprising that Apple Corporation began its fight to stop Windows from being that major operating system after Microsoft Corporation introduced the various versions of its Windows software and announced plans for this program to replace the already widely selling DOS operating system. Unfortunately, Apple chose to conduct this war on the complex and often confusing battleground of copyright law, which ultimately proved to be its downfall.
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
UIC John Marshall Journal of Information Technology & Privacy Law
Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
UIC John Marshall Journal of Information Technology & Privacy Law
The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
PRI (Partido Revoluciaonario Institucional) has controlled the Mexican government for over sixty-five years. With a history of facilitating electoral fraud and voter bullying, how could Mexican citizens again vote to keep the PRI in power? Perhaps promises of a clean election and a new, more sophisticated electoral computer were nothing more than promises to defraud Mexican voters in state-of-the-art fashion. In his campaign for the presidency, PRI candidate Salinas mentioned that he hoped the new computer would foster an hones electoral process. Suddenly, the Federal Electoral Commission announced that the multi-million dollar electoral computer system crashed. When the computer system …
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such …
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
Steve Jackson Games V. United States Secret Service: The Government's Unauthorized Seizure Of Private E-Mail Warrants More Than The Fifth Circuit's Slap On The Wrist, 14 J. Marshall J. Computer & Info. L. 179 (1995), Nicole Giallonardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article critiques the Fifth Circuit’s decision in the 1994 case of Steve Jackson Games v. United States Secret Service. When the Secret Service invaded the petitioner’s offices, seizing three computers, 300 computer disks, and other computer equipment essential to the company’s operations, the petitioner sued the Secret Service under the Privacy Protection Act, the Federal Wiretap Act, and the Stored Wire Act. The Western District Court of Texas awarded the petitioner damages under the Privacy Protection Act and the Stored Wire Act, but found that there was no cognizable claim under the Federal Wiretap Act – after which petitioner …
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
UIC John Marshall Journal of Information Technology & Privacy Law
Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
National Information Infrastructure, the Information Superhighway and the Electronic Superhighway are no longer discussions of the past but are omnipresent vocabularies of the day -- envisioning a promise of universal access to the international networks of information and electronic communications. As the nation and the world embrace this concepts and goals, the authors in this issue discuss the need for a roadmap for such infrastructure and the level of governmental oversight as we travel along this superhighway into the future.
Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec
Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec
UIC John Marshall Journal of Information Technology & Privacy Law
During the next decade, at least 125,000 children will become orphans of the AIDS epidemic and will need to be cared for by family members, caring adults or extended family members, or be placed in foster care. The movement toward greater disclosure of an adoptee's medical history reveals an almost complete failure to address the HIV/AIDS epidemic in this area. The adoption process does not provide a specific time when an adoptee's medical conditions are to be disclosed to adopting parents. Although the adoption process did not always serve the child's best interest, today disclosure decisions pertaining to adoption are …
Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand
Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand
UIC John Marshall Journal of Information Technology & Privacy Law
Computer monitors and keyboards are very common in today’s modern workplace, so it’s no surprise that the fastest growing category of workplace personal injury claims result from repetitive stress injuries (RSIs). Office workers have tried to tie the frequent and regular use of their computer keyboards to various debilitating hand and wrist disorders, and as a result such injuries account for 3/5 of all occupational injuries. Currently it is unclear whether there is a causal relationship between the use of computer keyboards and RSIs and the National Institute for Occupational Safety and Health has suggested that there is no causative …