Computer Law Commons^™

Prolegomenon On Pornography, Gerard V. Bradley

Journal Articles

Debates about pornography have always included arguments about its “effects.” Now we can gauge the effects of specifically computerized pornography. These novel effects include scientific research showing that digitalized pornography affects the brain and nervous system in harmful ways that no centerfold ever could. Accessing pornography online makes interactive and directive engagement with it possible, so that the consumer is no longer limited to staring at a two-dimensional representation of a stranger in the nude. The action now is more adventurous. The consumer’s involvement is more intimate and directive. What he does lies somewhere between looking at a centerfold and …

A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act, Patricia L. Bellia

Journal Articles

Thirty years ago, Congress passed the Computer Fraud and Abuse Act (CFAA) to combat the emerging problem of computer crime. The statute’s core prohibitions targeted one who “accesses” a computer “without authorization” or who “exceeds authorized access.” Over time, incremental statutory changes and large-scale technical changes have dramatically expanded the potential scope of the CFAA. The question of what constitutes unauthorized access has taken on far greater significance than it had thirty years ago, and courts remain deeply divided on this question. This Article explores the text, purpose, and history of the CFAA, as well as a range of normative …

The Copyrightability Of Nonliteral Elements Of Computer Programs, Julian Velasco

Journal Articles

The goal of copyright law is "[t]o promote the Progress of Science and Useful Arts." It is premised on the assumption that "encourag[ing] . . . individual effort by personal gain is the best way to advance public welfare through the talents of authors . . ." In order to "promote progress," however, copyright law must respond to changes in technology.

One issue that has been problematic for the courts is whether and to what extent the nonliteral elements of computer programs are copyrightable. Nonliteral elements are aspects of the computer program other than the written code itself. Although it …