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Articles 61 - 90 of 99
Full-Text Articles in Law
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.
The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter
UIC John Marshall Journal of Information Technology & Privacy Law
The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.
Invasion Of The Information Snatchers: Creating Liability For Corporations With Vulnerable Computer Networks, 18 J. Marshall J. Computer & Info. L. 1019 (2000), Sarah Faulkner
UIC John Marshall Journal of Information Technology & Privacy Law
Computer hackers are a serious threat to businesses and their customers, particularly if those businesses operate complex computer networks or operate as on-line businesses. However, now that corporate telecommunication networks are becoming more sophisticated, a company's phone system may also be susceptible to invasion. These telephonic hackers, called phone phreaks (and telecom hacking itself is known as phreaking), can cause large monetary losses as well. The question of who is liable for these losses, losses that are specifically caused by illegal activity, is the subject of this comment. This comment addresses the issue of liability for monetary losses in the …
Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik
Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik
UIC John Marshall Journal of Information Technology & Privacy Law
A recent scandal erupted in the press when a painting that was offered for sale on an Internet auction site was believed to be a lost contemporary masterpiece. The seller appeared to be a married man who was cleaning junk out of his garage, including a painting that his wife would not let him hang in the house. A bidding frenzy drove the price from the opening bid of 25 cents to more than $135,000 from a buyer in the Netherlands. After the sale was finished (it was ended by EBay when they learned he bid on the painting himself …
The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski
Richmond Journal of Law & Technology
This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
Indiana Law Journal
No abstract provided.
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Indiana Law Journal
No abstract provided.
Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee
Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee
Richmond Journal of Law & Technology
Welcome to the fifth issue of The Richmond Journal of Law & Technology! This issue represents a watershed experience for JOLT, as this is the first time we have published more than three issues in a single year! The timing of this issue's publication is also significant because on April 5, 2000, we will celebrate the fifth birthday of our journal. As the oldest exclusively online law review in the U.S., we continue to enjoy our leadership role in the publication of academic pieces dedicated to the marriage of law and technology.
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Richmond Journal of Law & Technology
You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …
Opening Up To Open Source, Shawn W. Parker
Opening Up To Open Source, Shawn W. Parker
Richmond Journal of Law & Technology
The latest "revolution" in the software industry has nothing to do with breakthrough technology; the revolution is a rethinking of how software technology is held, developed, and distributed. The revolution is called "open source," although it has also been called "freeware," and "copyleft." Each term generically describes the movement, yet implies wildly different ideas to the developers, distributors, and users inside the open source community. Open source is not a company, but rather, a community; projects are established and programmers communicate and contribute software building blocks to each other via the Internet. When a software program is completed by this …
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton
Richmond Journal of Law & Technology
After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
Richmond Journal of Law & Technology
Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb
Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb
Richmond Journal of Law & Technology
The music industry may never be the same again. In recent years, the recording industry has faced an onslaught of advances resulting from digital technology. The record industry has battled the manufacturing and import industries over digital home recording since the 1980's. Digital technology initially manifested itself with the compact disc ("CD") and the digital audio tape ("DAT") in the early 1980's and generated greater tensions between the recording, electronics, and computer industries.
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
E-Business, E-Commerce & The Law, John F. Rudin
E-Business, E-Commerce & The Law, John F. Rudin
Richmond Journal of Law & Technology
Advocates argue that UCITA (Uniform Computer Information Transactions Act) provides rules of the road for the technology highway much like the Uniform Commercial Code (UCC) has done with our commerce system for several decades. However, the UCC provides a level playing field where businesses and customers are aware of the rules prior to conducting business. Among its many shortcomings, UCITA lacks the notice and disclosure features of the UCC. A simple double click of a mouse with the cursor on an icon that reads "I accept" binds the customer to a contract that has not been reviewed prior to purchase. …
Letter From The Editor, Dharmesh Vashee
Letter From The Editor, Dharmesh Vashee
Richmond Journal of Law & Technology
Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.
The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky
The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky
Richmond Journal of Law & Technology
The "interruption of computer services to authorized users," involves a violation of a series of federal and state computer-related crime laws which are designed to protect the authorized users of computer systems.Because most of these laws have only recently been legislated, and since few people have ever actually been charged with such violations, there is very little history or case law in this area. However, as computer-related crimes continue to escalate, these statutes could prove to be a positive force in efforts to catch the electronic criminals of the future. "Although there has never been accurate nationwide reporting of computer …
Consumer Privacy On The Internet, Andrew Shen
Consumer Privacy On The Internet, Andrew Shen
Richmond Journal of Law & Technology
If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …
Web Word War (Www): A New Approach To Trademark Infringement And Unfair Competition Claims Under The Lanham Act In Brookfield Communications, Inc. V. West Coast Entertainment Corp., Melissa M. Mcgann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Of Black Holes And Decentralized Law Making In Cyberspace, David G. Post
Of Black Holes And Decentralized Law Making In Cyberspace, David G. Post
Vanderbilt Journal of Entertainment & Technology Law
MAPS, the primary focus of this tale, is a California non-profit limited liability company. It coordinates a kind of group boycott by Internet service providers (ISPs) for the purpose of reducing the flow of what is commonly called "spam"- unsolicited bulk e-mail. It operates, roughly, as follows. The managers of MAPS create and maintain what they call the "Realtime Blackhole List" (RBL), which consists of a long list of Internet addresses. They place on the RBL any Internet address from which, to their knowledge, spam has originated. They also place on the RBL the address of any network that allows …
How To Can Spam, Gary Miller
How To Can Spam, Gary Miller
Vanderbilt Journal of Entertainment & Technology Law
Receiving unsolicited commercial email, also known as "Spam," is like receiving junk mail, postage due. Spam shifts the cost of advertising from the advertiser to the consumer. This imposes enormous costs on Internet Service Providers (ISPs) and their customers. The Spam problem cries out for a legislative solution, and that is why I introduced H.R. 2162, the "Can Spam Act." The source of the Spam moniker for unsolicited commercial e-mail is apparently attributed to an annoying song in a Monty Python skit. In the skit, actors dressed like Vikings sing the word "Spam" over and over again, becoming louder and …
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
Vanderbilt Journal of Entertainment & Technology Law
The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the …
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …
An Analysis Of California's Common And Statutory Law Dealing With Unsolicited Commercial Electronic Mail: An Argument For Revision, Calvin Whang
San Diego Law Review
This Comment will examine the law governing unsolicited commercial electronic mail in California. Part II details the growth of the Internet and unsolicited commercial electronic mail. Part III examines the law of trespass to chattel as applied to unsolicited commercial electronic mail in California. Part IV examines recent legislative efforts to regulate spam in California. Part V analyzes the implications of the new unsolicited electronic mail legislation in California. Finally, Part VI details some suggested revisions to the California statute dealing with unsolicited commercial electronic mail.
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Seattle University Law Review
In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …