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Full-Text Articles in Law

Cover Letter, Allison F. Rienecker Jan 2014

Cover Letter, Allison F. Rienecker

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2013-2014 academic year. This issue is published in conjunction with JOLT’s Symposium entitled “Information Governance: A Comprehensive Approach to e-Discovery.” Since its founding in 1995, JOLT has strived to publish relevant legal articles at the forefront of the technological field. With this goal in mind, we are excited to expand JOLT’s respected discussion of e-Discovery to the emerging field of Information Governance.


The Compliance Case For Information Governance, Peter Sloan Jan 2014

The Compliance Case For Information Governance, Peter Sloan

Richmond Journal of Law & Technology

In an increasingly convoluted information environment, organizations strive to manage information-related risks and exposures, minimize information-related costs, and maximize information value. The inadequacy of traditional strategies for addressing information compliance, risk, and value is becoming clear, and so too is the need for a better, more holistic approach to governing the organization’s information.


Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman Jan 2014

Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman

Richmond Journal of Law & Technology

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies, cybercrimes and payment systems, darknets, Tor and the “deep web,” Bitcoin; Liberty Reserve, Silk Road, and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly.


The Reasonable Information Security Program, Peter Sloan Jan 2014

The Reasonable Information Security Program, Peter Sloan

Richmond Journal of Law & Technology

Our information inhabits a perilous world. Cyber theft, cyber extortion, mobile device loss, misappropriation of confidential business information, and unauthorized disclosures of protected information are real and present dangers for organizations of all sizes and across all industries.


Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro Jan 2014

Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro

Richmond Journal of Law & Technology

[W]ithout a corresponding change in discovery culture by courts, counsel and clients alike, the proposed rules modifications will likely have little to no effect on the manner in which discovery is conducted today.


Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander Jan 2014

Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander

Richmond Journal of Law & Technology

But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.


The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii Jan 2014

The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii

Richmond Journal of Law & Technology

If we had a reliable way to label our toys good and bad, it would be easy to regulate technology wisely. But we can rarely see far enough ahead to know which road leads to damnation.


Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker Jan 2014

Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker

Richmond Journal of Law & Technology

Modern businesses are hosts to steadily increasing volumes of data, creating significant cost and risk while potentially compromising the current and future performance and stability of the information systems in which the data reside. To mitigate these costs and risks, many companies are considering initiatives to identify and eliminate information that is not needed for any business or legal purpose (a process referred to herein as “data remediation”). There are several challenges for any such initiative, the most significant of which may be the fear that information subject to a legal preservation obligation might be destroyed.


Finding The Signal In The Noise: Information Governance, Analytics, And The Future Of Legal Practice, Bennett B. Borden, Jason R. Baron Jan 2014

Finding The Signal In The Noise: Information Governance, Analytics, And The Future Of Legal Practice, Bennett B. Borden, Jason R. Baron

Richmond Journal of Law & Technology

In the watershed year of 2012, the world of law witnessed the first concrete discussion of how predictive analytics may be used to make legal practice more efficient. That the conversation about the use of predictive analytics has emerged out of the e-Discovery sector of the law is not all that surprising: in the last decade and with increasing force since 2006— with the passage of revised Federal Rules of Civil Procedure that expressly took into account the fact that lawyers must confront “electronically stored information” in all its varieties—there has been a growing recognition among courts and commentators that …


Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman Jan 2014

Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman

Richmond Journal of Law & Technology

The future is now. Wearable computers such as Google Glass (Glass) have begun entering society—we see people wearing these devices on the streets, in classrooms, at parties, and elsewhere. Though most of these devices are not yet available to the public at large, there has been much hype over the impact Glass will have on our interactions, privacy, safety, and more. Although this Article will briefly address such controversial aspects, it will focus more narrowly on the potential utility of Glass in litigation.


It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous Jan 2014

It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous

Richmond Journal of Law & Technology

Throughout history, pornography and technology have enjoyed a symbiotic relationship, each playing a significant role in the growth and widespread success of the other. From the VCR and camcorders to the Polaroid camera and the Internet, the pornography industry has always accelerated the growth of new technologies, paving the way for these new services to be introduced into mainstream society. Most of these new technologies were appealing to creators and consumers of pornography because the new technologies brought an increased sense of privacy. For example, much of the success of the Polaroid camera is said to come from the fact …


Cover Letter, Laura M. Bedson Jan 2014

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is pleased to present the first issue of the Twenty-First Volume. With its first publication in 1995, JOLT became the world’s first law review to be published exclusively online. It was with that original publication that JOLT established itself as one of the leading publications in the legal technology field. Today, JOLT has continued the bold tradition of publishing articles to further scholarship in areas of new and emerging fields that fall at the intersection of technology and the law.


Cover Letter, Benjamin R. Fox Jan 2014

Cover Letter, Benjamin R. Fox

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its third issue of the 2013-2014 academic year. First published in 1995, JOLT is the world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. With this goal in mind, we are proud to announce the publication of the following articles.


Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid Jan 2014

Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid

Richmond Journal of Law & Technology

The Ford Model A was advertised as “the latest and best” in the world in 1903 and sparked global interest to design and create better, faster, and more complex machines than had ever traveled on land. Fast forward to the 21st century and creating machines that can travel around the world’s airspace appears to be the latest fascination. Until relatively recently, only airplanes and helicopters dominated the friendly skies. But now, the public is catching on to the idea that building an aircraft is easier that one might expect. In fact, a pilot is no longer necessary. Drones, also referred …


Cover Letter, Benjamin R. Fox Jan 2014

Cover Letter, Benjamin R. Fox

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the final issue of the Twentieth Volume. First published in 1995, JOLT isthe world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection oftechnology and the law. With this goal in mind, we are proud to announce the publication of the following articles.


Riley V. California: The New Katz Or Chimel?, Adam Lamparello, Charles Maclean Jan 2014

Riley V. California: The New Katz Or Chimel?, Adam Lamparello, Charles Maclean

Richmond Journal of Law & Technology

To declare that in the administration of the criminal law the end justifies the means—to declare that the Government may commit crimes in order to secure the conviction of a private criminal—would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.


Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington Jan 2014

Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington

Richmond Journal of Law & Technology

“Banks Remain the Top Target for Hackers, Report Says,” is the title of an April 2013 American Banker article. Yet, no new comprehensive U.S. cyber legislation has been enacted since 2002, and neither legislative history nor the statutory language of the Computer Fraud and Abuse Act (CFAA) or Electronic Communications Privacy Act (ECPA) make reference to the Internet. Courts have nevertheless filled in the gaps—sometimes with surprising results.


Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson Jan 2014

Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson

Richmond Journal of Law & Technology

On December 19, 2013, the retailer Target announced that unauthorized third parties had gained access to its customer payment information. While Target originally estimated that the security breach affected 40 million of its customers, a subsequent investigation revealed that anywhere from 70 to 110 million people—almost one in three Americans—may have had their sensitive payment information stolen. In response, the retailer offered free credit monitoring services and assured affected customers that they would not be responsible for fraudulent charges made with their payment information.