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Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.

Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga

The University of New Hampshire Law Review

[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that …

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.

Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque

Canadian Journal of Law and Technology

In the first part of our analysis, we will examine the impact which pharmacogenomics is expected to have on drug research and development, on the drug approval process and on post-marketing surveillance and clinical practice. This will allow us to show how pharmacogenomic testing could be beneficial to drug companies, regulatory bodies, and patients. The second part of our analysis will focus on the regulatory framework applicable to the approval of pharmacoge- nomic tests in Canada, although we are aware of the fact that most manufacturers decide to approve their tests outside of Canada. As mentioned, the applicable regu- lations …

The Admissibility Of Electronic Business Records, Ken Chasse

Canadian Journal of Law and Technology

The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …

Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton

Canadian Journal of Law and Technology

No abstract provided.

Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist

Canadian Journal of Law and Technology

This essay is an expanded version of my submission to the digital economy consultation. It opens with general issues such as digital policy leadership, cost issues, and emphasizes the need for a principle-based strategy that embraces the benefits associated with “open,” whether open access, open spectrum or open data. It then provides specific recommendations on a wide range of issues including tele- communications policy, privacy, and copyright.

Interpreting Copyright Law And Internet Facts, Cameron Hutchison

Canadian Journal of Law and Technology

This paper probes interpretation issues elicited by the impact of digital technologies and the Internet on copyright law. The purpose of the paper is to instill a coherent framework for analyzing copyright law when it encounters Internet or digital facts. In part one, I propose a methodology of statutory interpretation that helps suitably adapt statutory language to technological developments. In essence it is this: courts should examine the language of the operative provision in its statutory context and in light of its purpose. A contextual interpretation of a broadly conceived rule can reveal a legislative intention that certain kinds of …

The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke

Canadian Journal of Law and Technology

This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman

Legislation and Policy Brief

In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …

It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy

Golden Gate University Law Review

This article will address the procedural and substantive reasons why UCITA is, in fact, overly ambitious. With regard to procedure, Part II.A of this comment will outline the historical naissance and development of the highly successful Uniform Commercial Code and contrast that with the development of UCITA. With regard to substance, Part II.B will address what many practitioners have cited as key objections to UCITA. Further, Part II.B discusses examples of terms used in UCITA and compares them to those of common, established practice. Differentiating UCITA from the UCC in these ways will illustrate how UCITA misses the mark it …

Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz

Golden Gate University Law Review

Existing computer contracting procedures often lead to improperly drafted agreements in light of existing contractual remedies. Computer systems may prove unreliable if suppliers develop them based upon improperly drafted agreements. Because courts are reluctant to go beyond the remedies specified in a freely entered contract, the dissatisfied customers often do not have adequate recourse under their agreements. In order to avoid such a result, the parties to each business arrangement need to clearly understand their rights and duties arising from the transaction, and those rights and duties must be incorporated into the written agreement. This comment will attempt to demonstrate …

Disloyal Computer Use And The Computer Fraud And Abuse Act: Narrowing The Scope, Greg Pollaro

Duke Law & Technology Review

Congress drafted the Computer Fraud and Abuse Act (CFAA) to protect government interest computers from malicious attacks by hackers. As computer use has expanded in the years since its enactment, the CFAA has similarly expanded to cover a number of computer-related activities. This iBrief discusses the extension of the CFAA into the employer/employee context, suggests that this goes beyond the Act's express purpose, compares the different approaches taken by the circuit courts in applying the CFAA to disloyal computer use by employees, and argues that the more recent approach taken by the Ninth Circuit provides a better model for determining …

Walking From Cloud To Cloud: The Portability Issue In Cloud Computing, Robert H. Carpenter Jr.

Washington Journal of Law, Technology & Arts

Cloud computing has become popular among businesses that see information technology as outside their core competencies, demand a highly flexible computing environment, and seek to achieve more predictable costs. In some ways, cloud computing resembles IT outsourcing arrangements used in the financial services industry for many years; therefore lessons from financial services IT outsourcing agreements may prove helpful to parties interested in adopting cloud computing. This article considers the use of “data hostage” clauses in combination with arbitration or litigation clauses by service providers and the problems these clauses can cause outsourcing businesses. These two clauses together can insulate service …

"Sexting" To Minors In A Rapidly Evolving Digital Age: Frix V. State Establishes The Applicability Of Georgia's Obscenity Statutes To Text Messages, Hayley S. Strong

Mercer Law Review

The capabilities of modern cell phones are advancing at an unprecedented rate, and with these advancements, cell phones now resemble personal computers in numerous ways. Messages, pictures, and videos, which were once transmittable only by computer, can now be sent from one cell phone to another or from a computer to a cell phone and vice versa. While the differences between these two electronic devices may seem increasingly trivial to the average electronics user, these differences are pivotal for the criminal defendant who has used a cell phone to send a sexually explicit text message to a minor. The disparity …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Independent Creation And Originality In The Age Of Imitated Reality: A Comparative Analysis Of Copyright And Database Protection For Digital Models Of Real People, Bryce Clayton Newell

Brigham Young University International Law & Management Review

No abstract provided.

Substantially Justified? The U.S. Government’S Use Of Name-Check Technologies In Naturalization Procedures, H. Jin Cho

Duke Law & Technology Review

The U.S. Citizenship and Immigration Services relies upon the Federal Bureau of Investigation to administer the National Name Check Program, which conducts background checks on applicants for naturalization. Backlogs have led to long delays for aspiring citizens and significant legal problems for the government.

This iBrief examines the First Circuit’s ruling in Aronov v. Napolitano that an eighteen-month delay in adjudicating a naturalization application was substantially justified. While the government’s inefficiency can be explained partly by an understaffed bureaucracy, overwhelming evidence suggests that these problems are exacerbated by a technological infrastructure that is ill-equipped to handle the scope of the …

Inadequate: The Apec Privacy Framework & Article 25 Of The European Data Protection Directive, Stuart Hargreaves

Canadian Journal of Law and Technology

The EU and APEC approaches represent two different ways of thinking about the purpose of privacy rights in personal information (a.k.a. “informational privacy” or “data privacy”). The European approach sees integrity and control over information about oneself as inherent to human dignity; informational privacy is treated as a fundamental right subject only to limited restrictions. In contrast, the approach evinced by APEC is a market-oriented cost/benefit calculus; control over personal information is seen as a beneficial policy goal when it can increase consumer confi- dence and promote economic growth — the implication being that it can also more easily give …

La Cyberintimidation: Analyse Juridique, Karen D. Levin

Canadian Journal of Law and Technology

Dans ce mémoire va être traitée une analyse juridique de la cyberintimidation. Dans une première partie, nous tenterons de définir le terme « cyberintimidation » et les enjeux qui s’y rattachent. En deuxième lieu, nous examinerons la motivation qui mène à la cyberintimidation, ainsi que la manière dans laquelle l’acte se produit. Troisièmement, nous évaluerons les provisions du droit criminel fédéral, des droits de la personne, et du droit des délits civils afin de déterminer l’efficacité de notre système juridique à détourner la cyberintimidation. Finalement, nous trancherons la question de réforme qui se propose au Canada, la comparant aux réformes …

Canada's Current Position With Respect To Sound Marks Registration: A Need For Change?, Marie-Jeanne Provost

Canadian Journal of Law and Technology

This paper analyses and criticizes Canada’s position on sound marks registration in order to recommend the ways in which Canadian policy-makers could further act in order to advance this area of law. The first part of this paper exposes the fundamental concepts of trade-marks as they are necessary to the comprehension of the problems surrounding the registration of sound marks. In the second part, legal considerations associated with the registration of sound marks are discussed. More specifically, the visual requirement, the issue of “use,” the concept of distinctiveness and the question of overlap with copyright are assessed. In the third …

Canadian Personal Data Protection Legislation And Electronic Health Records: Transfers Of Personal Health Information In It Outsourcing Agreements, Dara Lambie

Canadian Journal of Law and Technology

Personal data protection and privacy of personal health information in the electronic era is a broad topic that includes consent, security measures and access considerations. The focus of this article is on one component of the larger picture: data transfers of personal health information that occur in the context of informa- tion technology (“IT”) outsourcing. If the societal good envisioned by an inter-jurisdictional EHR is to be fully realized, then the necessity of outsourcing is a reality that must be addressed.