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- UIC John Marshall Journal of Information Technology & Privacy Law (25)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Humans, Computers, And Binding Commitment, Margaret Jane Radin
Humans, Computers, And Binding Commitment, Margaret Jane Radin
Indiana Law Journal
Addison C. Harris Lecture at the Indiana University School of Law-Bloomington on October 26, 1999.
A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey
A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey
Federal Communications Law Journal
The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of …
Gender And Privacy In Cyberspace, Anita L. Allen
Gender And Privacy In Cyberspace, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen
2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen
Continuing Legal Education Materials
Materials from the 2nd Annual Computer & Technology Law Institute held by UK/CLE in March 2000.
Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell
Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell
All Faculty Scholarship
Testimony in opposition to the Maryland Uniform Computer Information Transfer Act, House Bill 19, Senate Bill 142, 2000.
The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On U.S.-China Relations: Marco Polo Where Are You?, Omar Saleem
Journal Publications
Marco Polo's desire to explore new worlds and exchange both ideas and goods should be the impetus behind the Internet. The Internet is the global economic network of the new millennium. This Article first discusses the factors that have caused both the reevaluation of Western notions of privacy, and consideration of the establishment of a Federal Data Protections Agency. Next, the article discusses the EU's approach to regulating Internet privacy. This section is followed by a discussion of why the U.S. and EU approaches to Internet privacy regulation must be implemented from a global, or MarcoPolo-like perspective. The article then …
Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil
Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil
LLM Theses and Essays
This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …
The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian
The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian
UIC John Marshall Journal of Information Technology & Privacy Law
The demands of social democratic government, the growth of electronic commerce, and the advance of technology have fueled the debate over internet privacy. Technology offers unprecedented opportunities but can also become tools of abuse. Debate in the United States centers around the conflicting interests of industry self-control versus government regulation. Technological and market-based solutions are ineffective because they lead to inadequate and inconsistent protection. Many user-driven privacy choices can impede the growth of consumer trust. Voluntarily adopted privacy policies are either extremely limited or easily circumvented with tracking technology that allows no consumer control over the collection of their personal …
Recent Developments In Private Sector Personal Data Protection In Australia: Will There Be An Upside Down Under, 19 J. Marshall J. Computer & Info. L. 71 (2000), Paul Kelly
UIC John Marshall Journal of Information Technology & Privacy Law
Although the United States enacted the one of the first data protection laws, many Americans are suspicious of European data protection regulations. The U.S. and Japan are notable exceptions to the modern trend toward comprehensive informational privacy regulation. European data protection laws are stricter, more comprehensive, and more bureaucratic than non-European counterparts. Newer regulatory models, such as those introduced in Australia, provide an acceptable compromise between the American self-regulatory approach and the comprehensive European approach. Australia has a federal agency responsible for administering its information privacy laws and is moving towards a co-regulatory approach between government and the private sector.
Protecting Individual On-Line Privacy Rights: Making The Case For A Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000), Jack Karnes
UIC John Marshall Journal of Information Technology & Privacy Law
Few issues have caused more legal consternation than the level to which individual online privacy rights should be protected. Modern equipment and software enables those who seek to violate privacy rights render a less knowledgeable citizen helpless. Traditional privacy protection is inadequate to protect a fundamental right. Neither Congress nor the courts have dealt with the issue in an effective manner like they have dealt with other areas like telephone and wireless phone communications. The online privacy dilemma is reaching a crisis point. Employers are able to monitor employees’ uses of equipment to prevent any and all personal uses of …
The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher
The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher
UIC John Marshall Journal of Information Technology & Privacy Law
The United States is well on its way to having a federal agency that regulates online privacy. In the last five years, the Federal Trade Commission (FTC) has assumed increasing jurisdiction over online privacy. The FTC’s true intent to regulate online privacy became evident when it recommended that Congress enact legislation to strengthen its growing power to regulate internet privacy. The FTC uses threats of administrative enforcement actions to guide industry self-regulation through the use of unfair trade practices actions. The FTC acts because consumers feel entitled to data privacy and promotes Web site privacy practices through education and attempts …
Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer
Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer
UIC John Marshall Journal of Information Technology & Privacy Law
The free flow if information is critical to open society. In the United States, the tradition of open information provides the intellectual oxygen for the development American freedom, knowledge, technology, and commerce. In contrast to the right to communicate and obtain information, privacy is not an established right in the United States, except with respect to physical trespass by the government and reproductive freedom. A federal privacy czar would necessarily limit the unauthorized collection, use, and dissemination of personal information. Privacy czars invariably become privacy advocates and take active stances to discourage the free flow of information about persons and …
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
UIC John Marshall Journal of Information Technology & Privacy Law
Pornography and privacy share a subtle relationship in internet law and policy. Legislation attempting to restrict online speech considered indecent or harmful to minors is subject to exacting scrutiny. Legislation that regulates online speech thought to be harmful to its readers because of privacy concerns should be subjected to the same level of scrutiny. The availability of self-help remedies should govern the scope of legislation affecting online privacy and the alternatives offered by digital self-help solutions makes state regulation constitutionally suspect and functionally inferior. Self-help can be more effective than legislation in protecting online privacy. Cookie management software, use of …
Toward An Architecture Of Privacy For The Virtual World, 19 J. Marshall J. Computer & Info. L. 151 (2000), Paul Toscano
Toward An Architecture Of Privacy For The Virtual World, 19 J. Marshall J. Computer & Info. L. 151 (2000), Paul Toscano
UIC John Marshall Journal of Information Technology & Privacy Law
The internet is expanding. As users become more computer literate, the world becomes more reliant on the virtual one. The internet and wireless communications have fostered global commerce on an unprecedented scale. Because it lacks boundaries, cyberspace is difficult for regulate with traditional methods of governance. Security, privacy, and integrity of information are thus available to only a minority of users in restricted communities. Outside, users are on their own or must rely on the partial solutions available to them. To date, there is no consensus on what security, privacy, and integrity of information really mean. The internet needs a …
Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos
Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos
UIC John Marshall Journal of Information Technology & Privacy Law
In this book review of Simon Garfinkel's "Database Nation: The death of privacy in the 21st century," the author echoes George Orwell's prophetic vision of a totalitarian government prying on citizens' privacy in "1984." However, Database Nation presents a future where privacy has become a costly commodity: individuals fight dearly to hold such privacy from prying eyes. From the history of information age to advocating privacy protection legislations, the author discusses how Garfinkel pieces together the forming of the database nation. From health care providers to credit bureaus and from satellite surveillance to consumer purchasing habits, Garfinkel urges readers to …
The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On Us-China Relations: Marco Polo, Where Are You?, 19 J. Marshall J. Computer & Info. L. 169 (2000), Omar Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The desire to explore new worlds and to exchange ideas and goods should be the impetus behind the Internet, the virtual Silk Road connecting the east and west. The Chinese government considers the Internet a vital part of its modernization plans. There are millions of Chinese citizens online and that number continues to grow. China’s policy towards online privacy regulation will have a significant impact on the rest of the world. Technology has outpaced law in the arena of privacy regulation. Some scholars believe the Internet should be unregulated. Others fear that commerce will overrun privacy concerns. The sheer volume …
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin
UIC John Marshall Journal of Information Technology & Privacy Law
In this bench memo, the high court is asked to decide two issues: whether the information disseminated by defendant invaded plaintiff's privacy as defined by the Restatement (Second) of Torts governing public disclosure of private facts; and whether defendant's use of cookie technology to gather the information displayed about plaintiff constituted an invasion of her privacy. Defendant provides a commercial online job search services that provides employment assistance to online users. In return of the free service, users are required to create a "profile" with personal identifying information such as name, phone number, address and e-mail. At the bottom of …
Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein
Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein
UIC John Marshall Journal of Information Technology & Privacy Law
This article probes into the liabilities that service providers may incur on the internet. Liabilities such as copyright infringement , pornography, and defamation are common sources of liability on the Internet. The author begins by discussing the different types of copyright infringement. These include direct infringement, contributory infringement, and vicarious liability. In response to these different types of infringements, Congress and the President signed the Digital Millennium Copyright Act, DMCA. The author next investigates the issue of pornography on the Internet by giving a case history of the development of obscene pornography. This section of the article is concluded with …
Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.
The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen
The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen
UIC John Marshall Journal of Information Technology & Privacy Law
With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
UIC John Marshall Journal of Information Technology & Privacy Law
This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …
The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo
The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo
UIC John Marshall Journal of Information Technology & Privacy Law
Before 1994, the average Internet user received little unsolicited commercial email, or "spam." But that all changed in April 1994, when enterprising Arizona lawyers Laurence Canter and Martha Siegel sent spam advertising their immigration law "services" to approximately 8,000 Usenet newsgroups reaching approximately 20 million people. It inspired irate Usenet users to flame Canter and Siegel in such great volume that the attorneys' ISP's computer crashed. The computer overloads Canter and Siegel's stunt caused also completely knocked out New Zealand's Internet access. But the ads must have worked because despite the fallout, Cander and Siegel persisted in their spam ad …
Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear
UIC John Marshall Journal of Information Technology & Privacy Law
The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …
Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation …
Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor
UIC John Marshall Journal of Information Technology & Privacy Law
This article compares the need of individuals for privacy and the U.S. government's desire for encryption regulation. The impact that CESA on cyberspace security and crime are fully discussed. Furthermore, a brief background on the advantages and disadvantages of encryption are investigated. A history of legislative effort to provide decryption tools are examined and outlined. Next, the comment provides an analysis of CESA, its legal implications and issues involving its effectiveness are discussed. A solution proposed by the author to redraft and amend CESA provides individuals with privacy protection.