Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (61)
- Intellectual Property Law (35)
- Evidence (19)
- Antitrust and Trade Regulation (9)
- Privacy Law (7)
-
- Banking and Finance Law (3)
- Criminal Law (3)
- Health Law and Policy (3)
- International Law (3)
- Legal Ethics and Professional Responsibility (2)
- Other Law (2)
- Administrative Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Commercial Law (1)
- Communications Law (1)
- Courts (1)
- First Amendment (1)
- Fourth Amendment (1)
- Gaming Law (1)
- International Trade Law (1)
- Labor and Employment Law (1)
- Keyword
-
- UCITA (14)
- ESI (10)
- Electronically stored information (9)
- Federal Rules of Civil Procedure (8)
- Uniform Computer Information Transactions Act (8)
-
- Uniform Commercial Code (7)
- NCCUSL (5)
- UCC (5)
- ABA (3)
- American Bar Association (3)
- CDA (3)
- Communications Decency Act (3)
- Copyright Act (3)
- E-Discovery (3)
- ECPA (3)
- FTC (3)
- HIPAA (3)
- Microsoft (3)
- National Conference of Commissioners on Uniform State Laws (3)
- SCA (3)
- Stored Communications Act (3)
- UETA (3)
- United States v. O’Keefe (3)
- Y2K (3)
- Zubulake (3)
- AI (2)
- AOL (2)
- ARPANET (2)
- BSA (2)
- BYOD (2)
Articles 1 - 30 of 105
Full-Text Articles in Computer Law
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings
Richmond Journal of Law & Technology
Some of the most dynamic areas of robotics research and development today are healthcare applications. Robot-assisted surgery, robotic nurses, in-home rehabilitation, and eldercare robots' are all demonstrating rapidly iterating innovation. Rising healthcare labor costs and an aging population will increase demand for these human surrogates and enhancements. However, like many emerging technologies, robots are difficult to place within existing regulatory frameworks. For example, the federal Food, Drug, and Cosmetic Act (FD&C Act) seeks to ensure that medical devices (few of which are consumer devices) are safe, the HIPAA Privacy and Security Rules apply to data collected by health care providers …
"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer
"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer
Richmond Journal of Law & Technology
More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.
Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer
Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer
Richmond Journal of Law & Technology
Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.
Addressing Employee Use Of Personal Clouds, Philip Favro
Addressing Employee Use Of Personal Clouds, Philip Favro
Richmond Journal of Law & Technology
Cloud computing is one of the most useful innovations in the digital age. While much of the attention on recent advances has focused on smartphones, tablet computers, and wearable technology, the cloud is perhaps unrivaled in its utility for organizations. From simplified data storage to innovative software platforms, enterprise-grade cloud solutions provide cost-effective alternatives to acquiring expensive computer hardware and software. Enterprise clouds also offer a collaborative work environment for a mobile and widespread work force, enabling businesses to maximize worker productivity.
Cover Letter, Catherine Meade Gray
Cover Letter, Catherine Meade Gray
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its third issue of the Twenty-First Volume, our Annual Survey. This issue is published in conjunction with JOLT’s Symposium, “Who’s Looking At Your Mobile Device? Data Security, Personal Privacy, and Information Governance in the Wireless World.” As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the …
An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
Richmond Journal of Law & Technology
“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.
Cover Letter, Laura M. Bedson
Cover Letter, Laura M. Bedson
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the Twenty-First Volume. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the emerging legal landscape. Additionally, JOLT recognizes the practical benefit that many of its articles have on legal professionals and we publish articles with this goal in mind. The following articles …
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Richmond Journal of Law & Technology
It is a challenge to practice law in the digital age. This is particularly true when a practice involves significant e-Discovery, Intellectual Property, and technology law—areas in which technical issues merge with legal ones. One of the major challenges of bringing a law practice up to twenty-first-century standards relates to dinosaur thoughts, a.k.a. an “old ways are best” mentality.
Cover Letter, Laura M. Bedson
Cover Letter, Laura M. Bedson
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-First Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in the legal scholarship world. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. The articles in this fourth issue are no exception. Each of the following articles present exciting discussions on cutting-edge areas of …
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague
Richmond Journal of Law & Technology
Privacy is not simply an absence of information about us in the minds of others; rather it is the control we have over information about ourselves. The volume of information that people create themselves—the full range of communications from voice calls, e-mails and texts to uploaded pictures, video, and music—pales in comparison to the amount of digital information created about them each day.
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Richmond Journal of Law & Technology
Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”
Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes
Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes
Richmond Journal of Law & Technology
A corrupt Australian Law Enforcement Agency (LEA) wishes to track the communications of a journalist who has published leaked whistleblowing documents from a confidential source, revealing the Australian LEA's complicity in illegal narcotics activity. The target journalist lives in New York and is a U.S. citizen. She opens her laptop, goes online and fires up Tor Browser. She is communicating with her whistleblowing source in Australia, who faces death if his identity is uncovered. Her communication and network traffic passes through Tor relays in Canada, Finland, and Malaysia before arriving at her source in Australia.
The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker
The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker
Richmond Journal of Law & Technology
There should be little question that mobile device-based data are discoverable if relevant. However, as was the case with ordinary computer-based data a decade or more ago, there is a tendency to believe that there is only one way to collect such data—“forensically.”
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles
Richmond Journal of Law & Technology
The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.
Cover Letter, Allison F. Rienecker
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.
Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman
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.
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
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.
Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker
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
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
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.
Cover Letter, Laura M. Bedson
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
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.
Cover Letter, Benjamin R. Fox
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.
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington
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
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.
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon
Richmond Journal of Law & Technology
Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (“ESI”) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what many practitioners may not realize is that the ESI that clients are required to produce for e- discovery includes both “unstructured” and “structured” data. Searching and producing only one of these types of ESI may well not fully satisfy a client’s full discovery obligations. Even worse, it might not present a full understanding of the factual issues …
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman
Richmond Journal of Law & Technology
On a cool summer morning in upstate New York, a man sitting on his couch types in the coordinates to a warehouse in Virginia on his phone and presses “engage.” At that moment, the engine of a vehicle several miles away starts up, and the vehicle slowly backs out of the driveway. Without a driver or any occupants, the vehicle travels several hundred miles from the driveway in New York to the warehouse in Virginia. Meanwhile, the man who engaged the vehicle remains seated on his couch in upstate New York. The man has engaged an autonomous vehicle (AV), capable …
Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad
Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad
Richmond Journal of Law & Technology
With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our “offline” everyday living. Modern criminal trends also demonstrate the strong link betweenthe virtual and physical worlds.
Technology-Assisted Document Review: Is It Defensible?, William W. Belt, Dennis R. Kiker, Daryl E. Shetterly
Technology-Assisted Document Review: Is It Defensible?, William W. Belt, Dennis R. Kiker, Daryl E. Shetterly
Richmond Journal of Law & Technology
Technology has changed the way we communicate and, in so doing, has changed the discovery phase of litigation. Parties must sift through ever-growing data volumes to find relevant material, significantly increasing time and cost requirements. Technology has also changed the way attorneys meet discovery demands. New technologies like “machine learning” and “predictive coding” give lawyers important new tools to manage the growing volume of electronically stored information (“ESI”).
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Richmond Journal of Law & Technology
After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …