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Full-Text Articles in Computer Law

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari Jan 2010

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.


The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan Jan 2010

The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan

Richmond Journal of Law & Technology

As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …


Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso Jan 2010

Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso

Richmond Journal of Law & Technology

Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography. Heinous pictures and videos can be deposited on computers by viruses—the malicious programs better known for swiping your credit card numbers. In this twist, it’s your reputation that’s stolen. Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they’ll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites. Whatever the motivation, you get child porn on your computer—and …


The Darknet: A Digital Copyright Revolution, Jessica A. Wood Jan 2010

The Darknet: A Digital Copyright Revolution, Jessica A. Wood

Richmond Journal of Law & Technology

We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the …


Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May Jan 2010

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Richmond Journal of Law & Technology

Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.