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2001

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Full-Text Articles in Law

Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet Nov 2001

Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet

Duke Law & Technology Review

In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry.


Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande Nov 2001

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande

All Faculty Scholarship

On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”


Liberty For Security, Morgan Streetman Oct 2001

Liberty For Security, Morgan Streetman

Duke Law & Technology Review

On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions ...


The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld Oct 2001

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld

All Faculty Scholarship

As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.


Tax Competition And E-Commerce, Reuven S. Avi-Yonah Sep 2001

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries ...


Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling Sep 2001

Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling

BYU Law Review

No abstract provided.


Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet Aug 2001

Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet

Duke Law & Technology Review

Perhaps you have written an e-mail that looks something like this:


Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin Jun 2001

Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin

Duke Law & Technology Review

With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer.


Internet Regulation And Consumer Welfare: Innovation, Speculation, And Cable Bundling, John E. Lopatka, William H. Page Apr 2001

Internet Regulation And Consumer Welfare: Innovation, Speculation, And Cable Bundling, John E. Lopatka, William H. Page

UF Law Faculty Publications

The goal of telecommunications policy has shifted from the control of natural monopoly to the promotion of competition. But the question remains how extensive and persistent the government's regulatory role should be in the operation of communications markets. One might think that regulators could find the answer to this question in antitrust law. But antitrust has itself been torn between interventionist and laissez-faire tendencies. Over the past two decades, the dominant Chicago School approach to antitrust has focused on economic efficiency, a standard that has led to the abandonment or contraction of some categories of liability. More recently, however ...


Trusting And Non-Trusting On The Internet Symposium: Trust Relationships, Tamar Frankel Apr 2001

Trusting And Non-Trusting On The Internet Symposium: Trust Relationships, Tamar Frankel

Faculty Scholarship

The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace ...


Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde Mar 2001

Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde

Duke Law & Technology Review

The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.


3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Mar 2001

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.


Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde Feb 2001

Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde

Duke Law & Technology Review

Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Letter From The Editor, Dharmesh Vashee Jan 2001

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the third issue of The Richmond Journal of Law and Technology's seventh publication term! The 2000-2001 academic year has proved to be one of the most productive and exciting in the Journal's decorated history. Our Editorial Board and staff have done a phenomenal job on the Journal's seventh volume and we are very proud of the issue we have worked to prepare for you today.


The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner Jan 2001

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of ...


State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner Jan 2001

State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner

Richmond Journal of Law & Technology

In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.


Letter From The Editor, Paul A. Fritzinger Jan 2001

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Over the last few years, the problems attendant to software licensing regulation have occupied an important position in the minds of legislators at the federal, state and local levels. In the early nineties, the National Conference of Commissioners for Uniform State Laws (NCCUSL) recognized the potential for licensing problems presented by the use of computer software in the national arena as well as on the Internet and saw a clear need for regulations that would transcend state boundaries. In 1999, as a result of years of planning and careful drafting, NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA) in ...


Remarks On The Background And Development Of Ucita, Carlyle Ring Jan 2001

Remarks On The Background And Development Of Ucita, Carlyle Ring

Richmond Journal of Law & Technology

It's a real pleasure to be here. My formal name as introduced is Carlyle Ring, but as Barbara Beach who was assistant city attorney when I sat on the City Council for Alexandria, knows well, everybody calls me Connie. And so please address me by my nickname: Connie.


Remarks On The Background And Development Of Ucita, Joe T. May Jan 2001

Remarks On The Background And Development Of Ucita, Joe T. May

Richmond Journal of Law & Technology

I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology ...


Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of ...


Letter From The Editor, Paul A. Fritzinger Jan 2001

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Welcome to Volume 8, Issue 2 of the Journal. In this issue, the authors address three very diverse topics of national and international significance: the liability of internet service providers for copyright infringement, the taxation of e-commerce, and the applicability of the fair use doctrine to instant messaging software. Each of these topics deals with issues that can, and ultimately will, have widespread effects on the use and growth of the Internet.


Cyberselfish: Ravers, Guilders, Cyberpunks, And Other Silicon Valley Lifeforms, Paulina Borsook Jan 2001

Cyberselfish: Ravers, Guilders, Cyberpunks, And Other Silicon Valley Lifeforms, Paulina Borsook

Yale Journal of Law and Technology

Paulina Borsook, high-tech cultural commentator and author of Cyberselfish: A Critical Romp Through the Terribly Libertarian Culture of High Tech, discusses Silicon Valley's paradoxical "technolibertarian" attitude towards the government and the Big Capital Establishment who made the meteoric rise of the technology industry possible. Borsook, in deconstructing the myth of the freewheeling Silicon Valley technogogue, exposes the fragile connections between the Randian pretensions of today's near-religious egotism and the genuinely libertarian fringe from the salad days of the Internet.


Reexamination: A Viable Alternative To Patent Litigation?, Dale L. Carlson, Jason Crain Jan 2001

Reexamination: A Viable Alternative To Patent Litigation?, Dale L. Carlson, Jason Crain

Yale Journal of Law and Technology

Recent concern over the state of patent law doctrine has led Congress to pass legislation reforming patent reexamination procedures. The effects of the new procedures will remain uncertain for several years. However, Dale Carlson, Co-chair of the Patent Practice Group at Wiggin & Dana, and Jason Crain, a Yale Law School graduate, discuss the results of a preliminary study of the likely impact of the new inter partes reexamination procedure. In this presentation, Carlson and Crain examine some of the driving forces behind the reform initiative and compare ex parte reexamination procedures with inter partes reexamination procedures. In particular, they address ...


Litigation, Privacy And The Electronic Age, Lewis A. Caplan Jan 2001

Litigation, Privacy And The Electronic Age, Lewis A. Caplan

Yale Journal of Law and Technology

In this speech, the Honorable Lewis A. Kaplan discusses one problem in the legal system created by advances in technology - the tension between the privacy interests of litigants and the increased availability of information in modern society. Although openness is a central tenet of the legal system, until recent advancements in information technology, significant logistical difficulties in obtaining records on all but the most notable cases made most information unavailable to the public. However, advances in technology have greatly facilitated access to the universe of legal doents. Judge Kaplan explores the potential consequences of increased availability of information in a ...


The Sky Is Not Falling: The Effects Of Term Adjustment Under The American Inventors Protection Act On Patent Prosecution, William Slate Jan 2001

The Sky Is Not Falling: The Effects Of Term Adjustment Under The American Inventors Protection Act On Patent Prosecution, William Slate

Yale Journal of Law and Technology

Mr. Slate's article considers the likely effects of the patent term adjustment provisions of the American Inventors Protection Act. Contrary to popular expectations, Mr. Slate argues that the Act's term adjustment provisions will have little practical effect on most practitioners' work.


Internet Privacy: Who Makes The Rules, Richard M. Smith Jan 2001

Internet Privacy: Who Makes The Rules, Richard M. Smith

Yale Journal of Law and Technology

Richard M. Smith, Chief Technology Officer of the Privacy Foundation, discusses the ways emerging technology infringes consumer privacy on the Internet. He believes the widespread use of cookies and the growing use of online profiling by companies like DoubleClick create serious privacy problems for people who use the Internet. The solution lies in combining the efforts of programmers, who can find ways to eliminate these profiling mechanisms online, and of lawyers, who can structure legal rules to proscribe information misuse.


Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel Jan 2001

Remarks On Ucita In Practice: Attorney Views, Carla Stone Witzel

Richmond Journal of Law & Technology

Well, UCITA has been in effect since October 1, 2000, and I am here today telling you about it in Maryland. Maryland adopted it after Virginia, but [Virginia] has a delayed effective date. The law has been effective, and in fact we are busy fixing it or changing it at this moment in the Maryland legislature. We had the privilege to work for a coalition of software companies lobbying this legislation through the Maryland legislature. We were assisted just a little bit by the Governor and the Speaker of the House. So we've been working with the law probably ...


Remarks On Ucita In Practice: Attorney Views, Richard Grier Jan 2001

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though ...


Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert Jan 2001

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state ...