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- UIC John Marshall Journal of Information Technology & Privacy Law (25)
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Articles 31 - 60 of 99
Full-Text Articles in Law
The Death Of Cyberspace, Lawrence Lessig
The Death Of Cyberspace, Lawrence Lessig
Washington and Lee Law Review
No abstract provided.
State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein
State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein
BYU Law Review
No abstract provided.
At&T Corp. V. City Of Portland: Classifjring "Internet Over Cable" In The "Open Access" Fight, Jason Whiteley
At&T Corp. V. City Of Portland: Classifjring "Internet Over Cable" In The "Open Access" Fight, Jason Whiteley
BYU Law Review
No abstract provided.
Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen
Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen
BYU Law Review
No abstract provided.
Copyright Misuse And Modified Copyleft: New Solutions To The Challenges Of Internet Standardization, Chip Patterson
Copyright Misuse And Modified Copyleft: New Solutions To The Challenges Of Internet Standardization, Chip Patterson
Michigan Law Review
The Internet is a truly global community within which myriad economic, social and technological forces interplay to cause its standardization. Much of the competition in the industry has revolved around which product will become the standard for a given market sector. Some markets have seen victors; for example, TCP/IP is the Internet communication protocol, MP3 appears to be dominating music compression, and Microsoft Corporation's Windows ("Windows") is clearly the standard operating system. Similarly, the Internet must adopt a standard for web browsing and searching, for email, and for web programming. In many cases, the competition for this standard will be …
The Uses Of New Capital Markets: Electronic Commerce And The Rules Of The Game In An International Marketplace , Andrea M. Corcoran
The Uses Of New Capital Markets: Electronic Commerce And The Rules Of The Game In An International Marketplace , Andrea M. Corcoran
American University Law Review
No abstract provided.
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Richmond Journal of Law & Technology
Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Richmond Journal of Law & Technology
Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.
Internet Taxes: Congressional Efforts To Control States' Ability To Tax The World Wide Web, Kevin J. Smith
Internet Taxes: Congressional Efforts To Control States' Ability To Tax The World Wide Web, Kevin J. Smith
Richmond Journal of Law & Technology
Every year, increasingly more people use the Internet to purchase goods and services. Internet purchases are expected to exceed $20 billion per year in the near future. By the year 2003, industry experts predict Internet purchases by businesses alone will reach $1.3 trillion. Presently, the majority of Internet sales transactions flow through business to business sites. Internet purchases by consumers are expected to reach $144 billion by the year 2003.
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Richmond Journal of Law & Technology
On October 25, 1999 the constitutional debate over a Virginia statute limiting state employees from performing uncensored computer-assisted research resumed before the United States Fourth Circuit Court of Appeals. The case in debate is Urofsky v. Gilmore. The statute affects all Virginia state employees, who amount to over 100,000 people.
Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett
Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett
Richmond Journal of Law & Technology
Let me say it's a pleasure to be here. It's both a privilege and a pleasure to have the opportunity to speak with you on topics certainly near and dear to my heart having to do with technology. It is a pleasure for me to welcome you to the 9th Annual Austin Owen Lecture, and to welcome you to my alma mater. It's a pleasure for me to be back here on this campus almost weekly, participating in a variety of different activities.
The Internet And Public International Law, John M. Rogers
The Internet And Public International Law, John M. Rogers
Kentucky Law Journal
No abstract provided.
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 …