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Articles 1 - 30 of 46
Full-Text Articles in Computer Law
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Richmond Journal of Law & Technology
Imagine the following scenario. It's December 31, 1999 and two minutes until midnight. The champagne has just been poured and everyone is joyfully preparing to welcome in the new millennium. The clock ticks and the countdown begins. While millions of New Yorkers push and shove, millions more gather around television sets to catch a glimpse of the famous "ball" as it begins its descent in Times Square. Five . . . Four . . . Three . . . Two . . . One . . . "Happy New Year!!!" Little does the crowd know, that as they disperse and …
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
UIC John Marshall Journal of Information Technology & Privacy Law
The Federal Circuit's ruling in State Street Bank Trust Co. v. Signature Financial Group, Inc. represented a paradigm shift in subject matter jurisprudence. Historically, software has been unpatentable because it included a mathematical algorithm, could not pass the physicality test, and was subject to the business methods exception. The State Street ruling expanded the scope of patentable subject matters by focusing on other aspects of patentability such as novelty, nonobviousness, and utility. State Street refreshingly modernizes patent law for improved application to today's evolving high technology industries. In "Computer Software: Patentable Subject Matter Jurisprudence Comes of Age," the author examines …
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
UIC John Marshall Journal of Information Technology & Privacy Law
This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …
The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski
UIC John Marshall Journal of Information Technology & Privacy Law
Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …
Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey
UIC John Marshall Journal of Information Technology & Privacy Law
Patent cases use a "preponderance of the evidence" standard of proof, unless the validity of a patent is in question, in which case the standard is "clear and convincing evidence." The comment examines the meaning of the standards in their application to United States patent practice. After giving examples with interference and infringement cases, the comment argues that the vast majority of cases are decided on evidence not presented to the Patent and Trademark Office (PTO) during prosecution of the patent. The assumption that a patent is valid is based on the thorough examination it receives prior to its allowance …
Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith
UIC John Marshall Journal of Information Technology & Privacy Law
Despite the popularity in the area of securities trading and all of the new challenges the Internet brings to the area of securities fraud, Congress has not chosen to react with new legislation. Instead, Congress has chosen to remedy the problems through the use of existing laws that were written over fifty years ago. This decision by Congress is at odds with other decisions it has made with respect to other areas of law that have been impacted by the Internet. Congress reacted to the effects of the Internet on gambling with proposed legislation aimed specifically at problems the Internet …
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
UIC John Marshall Journal of Information Technology & Privacy Law
Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch
UIC John Marshall Journal of Information Technology & Privacy Law
The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
UIC John Marshall Journal of Information Technology & Privacy Law
The CD-ROM has infiltrated every part of the legal profession, from research and learning aids to information storage. The newest technological advancement to enter the profession is the CD-ROM brief. In 1997, the first three CD-ROM briefs were filed with the federal judiciary, and the courts seem more than eager to continue their use. As with all new things, there are critics. Those opposed to CD-ROM briefs believe that they will adversely affect the standard of review, efficiency and finality of decisions in the trial and appellate courts and prejudice the less affluent. These concerns, however, are unfounded. The appellate …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …
Digital Value Units, Electronic Commerce And International Trade: An Obituary For State Sovereignty Over National Markets, 17 J. Marshall J. Computer & Info. L. 1197 (1999), Shahriar Tavkol
UIC John Marshall Journal of Information Technology & Privacy Law
This comment concentrates on the economic and commercial effects of e-money, primarily in the form of digital value units ("DVUs"). E- money, especially in the form of DVUs, will greatly affect the sovereignty of nations: the use of e-money will diminish a country's control of its own money supply and result in less control over national markets for currency. Part II(A) addresses the history of money, before and after the Internet's creation. Part II(B) discusses the economics of e-money and the interactivity between governments, national markets, and commerce. Part II(C) addresses the role of governments before and after the Internet's …
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
UIC John Marshall Journal of Information Technology & Privacy Law
This comment suggests that individual United States citizens deserve a chance to propose legislature directly to the legislature; additionally, individuals should be permitted to vote on federal legislation before the President enacts it. The comment proposes that there be a popular electronic vote on all federal legislation. It discusses the history behind this proposition, including the Constitution, the legislature, and the history of elections and voting in the United States. Additionally, it discusses the media's influence on elections, the principles of direct democracy, and the evolution of the Internet. The comment details the ways this proposition would benefit the current …
Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes
UIC John Marshall Journal of Information Technology & Privacy Law
Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …
State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille
UIC John Marshall Journal of Information Technology & Privacy Law
This article attacks the validity of the controversial holding in the Donis case that allows law enforcement officers to use personal information provided by the Department of Motor Vehicle ("DMV") at the officers' discretion. The main hurdle that the court had to overcome was the New Jersey Constitution. Ultimately the court found that the personal information was not protected because it was being used for legitimate law enforcement practices. The underlying sentiment of the court is that law officers would not abuse their authority when searching for stolen vehicles and invalid drivers licenses using a mobile data terminal ("MDT"). The …
Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman
Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman
UIC John Marshall Journal of Information Technology & Privacy Law
This comment will discuss the technology behind electronic document certification: digital signatures which enable parties to sign their names electronically to documents over the Internet. Part II of this comment will begin by discussing the traditional role of the notary in business transactions. Part II will also introduce encryption technology, digital signature technology, and how a CA can provide extremely reliable electronic document certification using such technologies. Part III will discuss the applications where this technology is being used today, albeit sparingly. Part III further discusses an application currently in development that will use digital signature technology in the future …
Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen
Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen
UIC John Marshall Journal of Information Technology & Privacy Law
This essay addresses the use of digital signature technology and the certification authority, and poses the fundamental question of whether the traditional notary public should really serve as the model for the new position of certification authority. This paper begins with an historical review of the concern about document security and the measures taken to deal with those concerns. Second, the paper includes a very brief overview of the technological aspects of the digital signature and its value in the global marketplace. Next, this essay examines the similarities between the traditional notary and the certification authority, including the functions and …
The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio
The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio
UIC John Marshall Journal of Information Technology & Privacy Law
As Internet technology continues to expand and individuals continue to "log-on" at an ever-increasing rate, business transactions via computers have quickly expanded. Electronic commerce has become a widely accepted way of entering transactions and consummating deals. Consequently, millions and even billions of dollars change hands in transactions utilizing electronic commerce daily. These transactions are conducted between individuals who often have had no prior business relationship with each other. As a result, the need for a trusted third party to authenticate these transactions has become absolutely necessary. However, the laws governing the financial responsibility of these trusted third parties, or certification …
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Richmond Journal of Law & Technology
Digital Property and the Digital Marketplace Expenditures in the information technology arena indicate that digital property - defined as digitized information and the tools to use it - is generating astonishing wealth. Globally, expenditures in the information and communication technology markets exceed $1.8 trillion annually and comprise six percent (6%) of aggregate global Gross Domestic Product ("GDP"). By 1997, such expenditures had escalated forty percent (40%) over 1992 levels. Current spending on information and communication technologies is growing twenty-seven percent (27%) faster than the overall worldwide GDP, averaging roughly 5.5 percent annually. Technological innovations have become the primary engine of …
Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman
Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman
UIC Law Review
No abstract provided.
Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink
Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink
UIC Law Review
No abstract provided.
Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr.
Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr.
UIC Law Review
No abstract provided.
New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera
UIC Law Review
No abstract provided.
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
UIC John Marshall Journal of Information Technology & Privacy Law
The value of U.S. based electronic commerce (e-commerce) transactions was estimated to be $43 billion in 1998 and is projected to grow to $1.3 trillion by 2003, totaling over nine percent of total U.S. business sales. Governments have embraced e-commerce as a positive development that should be encouraged. Many of our states and foreign countries have responded by enacting legislation regarding the enforceability of e-commerce transactions. There are three fundamental issues surrounding online commerce. These issues are: 1) whether the transaction is legal; 2) whether the message can be trusted; and 3) what are the rules of conduct. Concerning the …
Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber
Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber
UIC John Marshall Journal of Information Technology & Privacy Law
There is an ominous traffic sign on the electronic superhighway to that much- ballyhooed paperless society. It reads: "Road Under Construction--Completion Date Unknown." To be sure, the vaunted superhighway does extend, perfectly paved, for a good distance, as anyone who has ever made a paperless purchase on the Internet will attest, but the highway engineers have so far been stymied from reaching their digital Valhalla by practical hurdles. And there is another hitch: many travelers do not want to get on the superhighway no matter how far it extends. They prefer unpaved horse-and-buggy thoroughfares that are slower but seem to …
The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards
The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards
UIC John Marshall Journal of Information Technology & Privacy Law
With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …
Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers
Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment argues that the potential liability of digital signatures under the Act is too great and, therefore, is not an effective mode of communication. Part II of this Comment explains the purpose, the significance, and the traditional role of the handwritten signature. Furthermore, Part II establishes the basics of the digital signature process as it relates to each participant. The participants in a digital signature process consist of a subscriber, a recipient, and a certification authority. Part III of this Comment analyzes and argues why the use of digital signatures, under the Act, is too great of a liability …