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Articles 1 - 20 of 20
Full-Text Articles in Comparative and Foreign Law
Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma
UIC John Marshall Journal of Information Technology & Privacy Law
The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …
The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren
UIC John Marshall Journal of Information Technology & Privacy Law
In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …
Japanese And American Privacy Laws, Comparative Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015), Jane Kim
UIC John Marshall Journal of Information Technology & Privacy Law
To understand the laws of a foreign nation, one must first under-stand that nation’s culture. Its people and their customs will provide in-sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In-surance Portability and Accountability Act (“HIPAA”) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In-formation (“APPI”) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not …
Control Over Personal Data, Privacy And Administrative Discretion In Europe And The Usa: The Paradox Of Italian “Data Protection Authority”, 30 J. Marshall J. Info. Tech. & Privacy L. 721 (2014), Marco Quiroz Vitale
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller
UIC John Marshall Journal of Information Technology & Privacy Law
The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …
Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato
Canada’S Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1 (2014), Emir Crowne, Stephanie Provato
UIC John Marshall Journal of Information Technology & Privacy Law
On December 15th, 2010, the Government of Canada agreed to Bill C-28, the Fighting Internet and Wireless Spam Act, with the intent to “deter the most damaging and deceptive forms of spam… from occurring in Canada and to help to drive out spammers.” Canada‟s Anti- Spam Legislation (“CASL”) was born. Although CASL has only been in force since July 1st, 2014, we argue that the Act may not survive constitutional scrutiny as it unduly restricts freedom of speech.
The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton
The Right To Be Forgotten: Forced Amnesia In A Technological Age, 31 J. Marshall J. Info. Tech. & Privacy L. 133 (2014), Robert Bolton
UIC John Marshall Journal of Information Technology & Privacy Law
In the modern era, the connection between technology and one’s personal life has increased the number of moments recorded for posterity. While in many circumstances this is an ideal opportunity for fond recollection, it has the downside of displaying for others our less flattering moments. Because the Internet has such a wide scope, once something has entered its domain, it is virtually impossible to permanently remove. With a public increasingly perceiving this winnowing of privacy as a negative tendency, legislators both at home and abroad have made proposals that attempt to place restrictions on what content social media is allowed …
Eyes On The Road Program In Taiwan―Information Privacy Issues Under The Taiwan Personal Data Protection Act, 31 J. Marshall J. Info. Tech. & Privacy L. 145 (2015), Chen-Hung Chang
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner
Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014), Samson Esayas
UIC John Marshall Journal of Information Technology & Privacy Law
The European Union (EU) legal landscape on data privacy and information security is undergoing significant changes. A prominent legislative development in recent years is the introduction of breach notification requirements within a number of regulatory instruments. In only the past two years, the Community legislator has adopted, and proposed, four different regulatory instruments containing breach notification requirements. There are also existing requirements for the telecom sector. This creates a complex mesh of regulatory frameworks for breach notification where different aspects of the same breach within the same company might have to be dealt with under different regulatory instruments, making compliance …
Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao
UIC John Marshall Journal of Information Technology & Privacy Law
The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …
Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers
UIC John Marshall Journal of Information Technology & Privacy Law
Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …
Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
UIC John Marshall Journal of Information Technology & Privacy Law
The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
UIC John Marshall Journal of Information Technology & Privacy Law
On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
UIC John Marshall Journal of Information Technology & Privacy Law
As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …
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 …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
UIC John Marshall Journal of Information Technology & Privacy Law
This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …