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Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes Jan 2003

Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes

The John Marshall Review of Intellectual Property Law

Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and ...


Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu Jan 2003

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson Jan 2003

Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson

The John Marshall Review of Intellectual Property Law

Congress created the Federal Circuit, in part, to provide uniformity in patent decisions throughout the United States and stability in patent law. During the first decade of the Federal Circuit’s existence, the Supreme Court largely deferred to the Federal Circuit in patent law decisions. However, the Supreme Court’s initial deference to the Federal Circuit has since been replaced by critical view of the Federal Circuit’s decisions and its decision-making processes. This article proposes that the Supreme Court has correctly abandoned its deferential mindset toward the Federal Circuit since the Federal Circuit was never intended to be the ...


The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew Jan 2003

The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew

The John Marshall Review of Intellectual Property Law

Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical ...


Stake Your (Linking) Claim: Assessing The Impact Of In Re Doyle On Patent Reissue, 2 J. Marshall Rev. Intell. Prop. L. 360 (2003), Grace C.Y. Leung Jan 2003

Stake Your (Linking) Claim: Assessing The Impact Of In Re Doyle On Patent Reissue, 2 J. Marshall Rev. Intell. Prop. L. 360 (2003), Grace C.Y. Leung

The John Marshall Review of Intellectual Property Law

A common problem encountered during patent prosecution is a restriction requirement. According to In re Doyle, the failure to assert linking claims that readon non-elected claims is an error correctable by reissue. This paper argues that the Doyle court was correct in holding that Doyle was distinguishable from In re Orita. Allowance of genus claims that link previously non-elected claims comports with the patent statute. As the public is on notice that patent claims may be broadenedwithin two years, the Doyle holding ensures that the patentee is given the fullbreadth of protection necessary to “promote the Progress of Science and ...


The Inevitable Disclosure Doctrine In Illinois: Is It An Inevitable Mistake?, 2 J. Marshall Rev. Intell. Prop. L. 379 (2003), Juliet Ruth Otten Jan 2003

The Inevitable Disclosure Doctrine In Illinois: Is It An Inevitable Mistake?, 2 J. Marshall Rev. Intell. Prop. L. 379 (2003), Juliet Ruth Otten

The John Marshall Review of Intellectual Property Law

In several recent decisions, Illinois courts have established that an ex-employee may be restrained from using information from their former employer, that will be "inevitably disclosed", even when no non-competition agreement existed between the employee and the employer. The use of this"inevitable disclosure" doctrine allows Illinois courts to create quasi non-competition agreements even where there has been no actual or threatened misappropriation of an employer's information. This comment proposes that Illinois courts should apply the inevitable disclosure doctrine only when several limiting factors are met and, instead, should encourage employers to use reasonable confidentiality agreements so that neither ...


Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen Jan 2003

Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen

The John Marshall Journal of Information Technology & Privacy Law

This comment focuses on the need of the music industry to control the use and digital distribution of music. The author also addresses the privacy issues that arise through the various methods the music industry implements in order to control the unauthorized distribution of digital music via computer technology. The author particularly addresses the privacy issues that arise with the use of undetectable signals that send information about a consumer’s use of that Compact Disc over computer lines, all unbeknownst and unauthorized by the consumer.


Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto Jan 2003

Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin Jan 2003

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin

The John Marshall Journal of Information Technology & Privacy Law

This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.


The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski Jan 2003

The Post-Festo World Of Equivalents, 2 J. Marshall Rev. Intell. Prop. L. 182 (2003), Michael D. Kaminski

The John Marshall Review of Intellectual Property Law

The Supreme Court again began to delve into substantial patent issues by addressing the interplay between prosecution history estoppel and the doctrine of equivalents. An analysis of the opinions in the Federal Circuit’s en banc ruling, together with the Supreme Court’s own decision may help to clarify some of the unanswered questions still lingering regarding what equivalents are available and when. The prosecution history will take a more prominent place in the minds of both patent prosecutors and litigators as courts attempt to determine the appropriate relationship between prosecution history estoppel and the doctrine of equivalents.


No-Copy Technology And The Copyright Act: Has The Music Industry Been Allowed To Go Too Far In Diminishing The Consumers’ Personal Use Rights In The Digital World?, 2 J. Marshall Rev. Intell. Prop. L. 337 (2003), Kevin C. Earle Jan 2003

No-Copy Technology And The Copyright Act: Has The Music Industry Been Allowed To Go Too Far In Diminishing The Consumers’ Personal Use Rights In The Digital World?, 2 J. Marshall Rev. Intell. Prop. L. 337 (2003), Kevin C. Earle

The John Marshall Review of Intellectual Property Law

Record companies have in recent years begun production of compact discs containing “no-copy” technology. These CDs appear to be classic CDs but are alleged to have poorer sound quality and often will not play in computers. The recording industryhas used this and other methods to stem the increasing popularity of CD copying and unauthorized music file distribution online. While the right of copyright owners to protect their intellectual property is well established, it is arguable that the methoddescribed herein interferes with a consumer’s right to make personal use of legally purchased content. Such right is alleged to stem from ...


Protecting Minor Improvements On Core Patents: Complementing Traditional Patent Protection With Strategic Disclosure, 2 J. Marshall Rev. Intell. Prop. L. 398 (2003), Todd E. Rinner Jan 2003

Protecting Minor Improvements On Core Patents: Complementing Traditional Patent Protection With Strategic Disclosure, 2 J. Marshall Rev. Intell. Prop. L. 398 (2003), Todd E. Rinner

The John Marshall Review of Intellectual Property Law

Managing intellectual property in a manner that achieves its full value is a priority for companies of all types and sizes. Rather than viewing defensive publications as strictly an alternative to patenting, it should be seen as an efficient complement to be utilized in combination with patenting. The development of minor improvements on major inventions presents an attractive situation for combining strategic disclosure with traditional patent protection. Publishing information about a minor improvement will create prior art and prevent competitors from obtaining a patent.By publishing incremental innovations to core patents, a firm can achieve the initialpatent protection necessary to ...


How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier Jan 2003

How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier

The John Marshall Review of Intellectual Property Law

Because Supreme Court review is essentially discretionary, it is increasingly rare for the Court to hear an argument concerning Intellectual Property rights. However the Supreme Court will critically review cases that belong in one of four distinct categories. These include cases in which: (1) lower court decisions conflict, (2) lower courts have departed from accepted and usual court proceedings, (3) an important federal question is decided, and (4) lower courts have departed from Supreme Court precedent. This article provides practitioners with some guidance in determining whether the Supreme Court is likely to review a lower court decision on an Intellectual ...


Creative Claim Drafting: Claim Drafting Strategies, Specification Preparation, And Prosecution Tactics, 3 J. Marshall Rev. Intell. Prop. L. 34 (2003), George F. Wheeler Jan 2003

Creative Claim Drafting: Claim Drafting Strategies, Specification Preparation, And Prosecution Tactics, 3 J. Marshall Rev. Intell. Prop. L. 34 (2003), George F. Wheeler

The John Marshall Review of Intellectual Property Law

Patent prosecution is becoming more complex with every new rule, statute, and court decision. Rather than approaching the changes with a glass-is-half-empty view, the author explains why this development is a boon to the importance of skilled patent prosecutors. The author reviews the latest developments that have given added scrutiny to the patent drafting process and provides nine tips to assist patent prosecution in the current environment.


Using Declaratory Judgments Offensively In Patent Cases - Dj Jive, 3 J. Marshall Rev. Intell. Prop. L. 1 (2003), Peter J. Shurn Iii Jan 2003

Using Declaratory Judgments Offensively In Patent Cases - Dj Jive, 3 J. Marshall Rev. Intell. Prop. L. 1 (2003), Peter J. Shurn Iii

The John Marshall Review of Intellectual Property Law

The Declaratory Judgment Act permits a federal district court to grant relief where an actual controversy exists. Whether an actual controversy exists for declaratory judgments of patent non-infringement is governed by the Federal Circuit's test of the "totality of the circumstances." The declaratory judgment plaintiff has the burden of proving an actual controversy exists. However, the declaratory judgment defendant has the burden of proving patent infringement exists. Reasonable apprehension for a suit may be found to exist although the patentee made no patent-based threat. A company fearing business disruption from patent litigation can thus use declaratory judgment actions offensively ...


Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield Jan 2003

Is The Experimental Use Exemption For Patent Infringement Still Needed?, 3 J. Marshall Rev. Intell. Prop. L. 103 (2003), Melanie K. Kitzan Haindfield

The John Marshall Review of Intellectual Property Law

The judicially created experimental use exemption has traditionally been a limitation on a patent holder’s rights because it allows patent infringing activities involving research for mere curiosity or amusement. This exemption was later modified to further protect any research performed by institutions not having a profit motive for the patent infringement, resulting in many institutions freely infringing patented inventions, knowing that broad protection was available under the experimental use exemption. However, in 2002 the Federal Circuit effectively ended the experimental use exemption as a defense for academic institutions, by recognizing that academic institutions can be held liable for infringement ...


“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek Jan 2003

“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek

The John Marshall Review of Intellectual Property Law

The current patent statutes are structured to grant unambiguous patents that give patent holders a right to exclude and provide the public with ample notice of the patented subject matter. Therefore, courts should interpret the scope of a claim using only the specification and the file history, the very tools used by the patent holder and public to define the bounds of the patent. Unfortunately, limiting statements made abroad can be allowed into evidence, creating a way or accused infringers to evade liability. By permitting judges to admit extrinsic evidence for the purpose of providing clarity to a supposedly already ...


The Rambus Shell Game: A Lack Of Integrity In The Standards Setting Process, 3 J. Marshall Rev. Intell. Prop. L. 138 (2003), David Adam Dorth Jan 2003

The Rambus Shell Game: A Lack Of Integrity In The Standards Setting Process, 3 J. Marshall Rev. Intell. Prop. L. 138 (2003), David Adam Dorth

The John Marshall Review of Intellectual Property Law

Standards setting organizations are formed to promulgate industry standards and in turn manage the course of technology that falls within their particular niche. Industry standards are the cornerstone of the technological compatibility that we enjoy as an advanced society. As we delve into the 21st century and beyond, the role of integrity in the standards setting process as a whole must be recognized by standards groups, end-users and importantly by the courts. This comment seeks to draw these entities into focusing on integrity and understand its importance in standards setting. Finally, this article strives to present a good starting point ...


Making A Pitch For Extending A Judge's Power To Determine Obviousness: How The Mcginley Court Struck Out, 3 J. Marshall Rev. Intell. Prop. L. 156 (2003), John Petravich Jan 2003

Making A Pitch For Extending A Judge's Power To Determine Obviousness: How The Mcginley Court Struck Out, 3 J. Marshall Rev. Intell. Prop. L. 156 (2003), John Petravich

The John Marshall Review of Intellectual Property Law

Obviousness is one of the most litigated elements of patent of validity, due primarily to the enormous gray area between the roles of judge and jury. While obviousness is ultimately a legal question, the courts make an effort to leave the underlying factual determinations to the jury, with mixed results. McGinley v. Franklin Sports, Inc. illustrates the problems with the Court of Appeals for the Federal Circuit’s current approach as to what role juries and district court judges should play in determining obviousness of a patent. Instead of the McGinley approach of maintaining a significant role for juries in ...


Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein Jan 2003

Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein

The John Marshall Journal of Information Technology & Privacy Law

Litigation and court action have provided little in the way of providing solutions to anyone dealing with inappropriate content on the Internet. In Miller v. California, 413 U.S. 15 (1973). The court refused to establish a national standard and instead relied on community standards. Because the Internet has no geographic limitations, one cannot determine community standards because the Internet is so far reaching. Goldstein discusses in detail these Congressional enactments: Communications Decency Act of 1996, the Child Online Protection Act, and the Child Pornography Prevention Act of 1996, finding that none of them give children protection from pornography. The ...


Limiting Exposure For Internet Vendors: Separating The Wheat From The Chaff, 21 J. Marshall J. Computer & Info. L. 207 (2003), Todd V. Mackey Jan 2003

Limiting Exposure For Internet Vendors: Separating The Wheat From The Chaff, 21 J. Marshall J. Computer & Info. L. 207 (2003), Todd V. Mackey

The John Marshall Journal of Information Technology & Privacy Law

This article explains how using the Internet to market products may subject a vendor to exposure in unanticipated jurisdictions. The author includes a proposal to minimize those risks by suggesting the use of contracts of adhesion, including mandatory forum selection clauses, and having them executed by the customer in the course of the transaction so that the vendor may insulate itself from those jurisdictional risks.


Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien Jan 2003

Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien

The John Marshall Journal of Information Technology & Privacy Law

The only possible IP protection is a trade secret. However, trade secrets are inadvertently disclosed in investment disclosures or to prospective customers. The article offers a solution to this dilemma by creating emphasis on the continued retention of the secret, even though confidentiality of it could have been dissipating.


Cloning, Public Policy And The Constitution, 21 J. Marshall J. Computer & Info. L. 271 (2003), Lowell Ben Krahn Jan 2003

Cloning, Public Policy And The Constitution, 21 J. Marshall J. Computer & Info. L. 271 (2003), Lowell Ben Krahn

The John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the safety and implications of human cloning, including whether cloning is encompassed by the fundamental right to privacy. The article also addresses the legislative attempts at banning cloning, and urges the government to do so.


Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai Jan 2003

Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai

The John Marshall Journal of Information Technology & Privacy Law

Critizing the Alcatel USA, Inc. v. Brown court’s holding that a company owned rights to a software idea that existed entirely in the thoughts of one of it’s former employee’s. Discusses how the court did not take into account that (1) the invention disclosure agreement it secured from the employer was unenforceable, (2) the Solution was not an “invention” as recognized by U.S. intellectual property law, and (3) the development of an automatic decompiler was not within the scope of the company’s business or employee’s work. Arguing while it is reasonable for an employer ...


Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr. Jan 2003

Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr.

The John Marshall Journal of Information Technology & Privacy Law

This article discusses a solution to copyright infringement on the Internet. The solution combines legal and technical aspects so the solution is very specific but also practical. The paper proposes a solution to use technological protection similar to that found in the federal statute prohibiting circumvention of technological protection measures. The paper then concludes with how difficult his solution and other proposed changes will be to enact because of opposition it will receive from many sides.


The Anticybersquatting Consumer Protection Act: An Analysis Of The Decisions From The Courts Of Appeals, 21 J. Marshall J. Computer & Info. L. 355 (2003), Sue Ann Mota Jan 2003

The Anticybersquatting Consumer Protection Act: An Analysis Of The Decisions From The Courts Of Appeals, 21 J. Marshall J. Computer & Info. L. 355 (2003), Sue Ann Mota

The John Marshall Journal of Information Technology & Privacy Law

This article examines the published decisions of the First, Second, Third, Fourth, Sixth, and Ninth Circuit Courts of Appeals in which there have been interpretations of the Anticybersquatting Consumer Protection Act (APCA). The article provides summaries of all cases interpreting the ACPA at the time of writing. These cases include: Sporty’s Farm L.L.C. v. Sportman’s Market, Inc.; Northern Light Technology, Inc. v. Northern Lights Club; Sallen v. Corinthians Licenciamentos LTDA; Shields v. Zuccarini; Virtual Works, Inc. v. Volkswagen of America, Inc.; People for the Ethical Treatment of Animals v. Doughney; Porsche Cars North America, Inc. v ...


Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins Jan 2003

Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins

The John Marshall Journal of Information Technology & Privacy Law

This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual ...


The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller Jan 2003

The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller

The John Marshall Journal of Information Technology & Privacy Law

This comment explores the security measures utilized for airline travel. Early airport security is compared to post 911 airport security. Various traveler search methods are analyzed against the backdrop of the Fourth and Fifth Amendments. Included is an analysis of effectiveness, legality, and policy considerations of current security measures. Finally, the author proposes alternative security measures addressing the effectiveness, legality and policy considerations of such proposed solutions.


Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik Jan 2003

Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik

The John Marshall Journal of Information Technology & Privacy Law

The publicity about weblogs has neglected to warn against the risks of legal liability. Whether you want to impart words of wisdom or copy something that caught your interest, the temptation to "borrow" is too great and too easy in Cyberspace. Whereas the typical Internet user may have heard of "copyright" or "trademark," they are unaware of the complexities and nuances of these areas of law. The legal tests and standards may be too sophisticated for the average user. Even practitioners and courts are grappling with what legal standards and interpretations are to be applied in Cyberspace, thus, leading to ...


International Data Transfer Out Of The European Union: The Adequate Level Of Data Protection According To Article 25 Of The European Data Protection Directive, 21 J. Marshall J. Computer & Info. L. 553 (2003), Alexander Zinser Jan 2003

International Data Transfer Out Of The European Union: The Adequate Level Of Data Protection According To Article 25 Of The European Data Protection Directive, 21 J. Marshall J. Computer & Info. L. 553 (2003), Alexander Zinser

The John Marshall Journal of Information Technology & Privacy Law

Article 25 of the European Data Protection Directive provides a set of standards that are to be used by countries in the European Union when personal data processed in the particular member country transfers such information to third countries. This directive dictates that it must be ascertained, before transferring such personal information, that the third country ensures an adequate level of protection. Zinser initially examines the history and scope of Article 25 of the European Data Protection Directive before examining each of the standards and factors contained therein, with regard to the transfer of such information. He offers analysis of ...