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Computer Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2008

Selected Works

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Articles 1 - 7 of 7

Full-Text Articles in Computer Law

Network Neutrality: Laissez Faire Approach Or Not?, Rebecca Wong Dr Jul 2008

Network Neutrality: Laissez Faire Approach Or Not?, Rebecca Wong Dr

Dr Rebecca Wong

The paper discusses the topical subject of network neutrality, from a US and European legal perspective. Whilst acknowledging the plethora of literature on network neutrality, it argues that regulation in favour of network neutrality should not be confined with the US/European borders but that network neutrality should be addressed from a global perspective through the OECD/WTO. The article will begin by defining network neutrality, before discussing the technology underpinning network neutrality. It will compare the different legal approaches adopted by Europe and the US to the regulation of network neutrality. In Europe, there is an existing electronic communications regulatory framework, …

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Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2008

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

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The Power Of Simple Hands-On Cyberforensics Exercises: A Guide For Faculty, Gary C. Kessler, Jim Hoag May 2008

The Power Of Simple Hands-On Cyberforensics Exercises: A Guide For Faculty, Gary C. Kessler, Jim Hoag

Gary C. Kessler

"Computer forensics is a hands-on discipline. Introductory skills, however, can be taught using simple exercises that require neither expensive laboratory facilities nor even face-to-face courses. This paper describes a simple floppy disk analysis project that allows an instructor to address issues ranging from the computer forensics process and basics of file systems to long file names, file signatures, and hashing. Projects are essential to teaching this discipline as they support active learning, constructivism, and active learning. These hands-on projects also offer an opportunity for courses to be taught online and for students to build their own toolkits using open source …

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Two-Factor Fair Use?, Joseph Liu Feb 2008

Two-Factor Fair Use?, Joseph Liu

Joseph P. Liu

This Article engages in a thought experiment. It asks whether fair use would be improved if courts gave exclusive consideration to only two of the four statutory factors: (1) the purpose and character of the use; and (2) the impact of the use on the market.6 In other words, fair use under this proposal would be converted from a contextual multi-factor test into a two-factor balancing test in which courts would expressly and directly weigh one consideration against another. The remaining two factors, i.e., the nature of the work and the amount used, would be eliminated from consideration or, alternatively, …

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What Is 'Private' Data?, Karen Mccullagh Jan 2008

What Is 'Private' Data?, Karen Mccullagh

Karen McCullagh

The development of a frontier-free Internal Market and of the so-called 'information society' have resulted in an increase in the flow of personal data between EU Member States. To remove potential obstacles to such transfers data protection legislation was introduced. One of the underpinning principles of Directive 95/46/EC is the protection of privacy. Yet, the legislation does not provide a conclusive understanding of the terms ‘privacy’ or ‘private’ data. Rather, privacy protection is to be achieved through the regulation of the conditions under which personal data may be processed. An assessment of whether, 10 years after the enactment of the …

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Two-Factor Fair Use?, Joseph P. Liu Dec 2007

Two-Factor Fair Use?, Joseph P. Liu

Joseph P. Liu

This Article engages in a thought experiment. It asks whether fair use would be improved if courts gave exclusive consideration to only two of the four statutory factors: (1) the purpose and character of the use; and (2) the impact of the use on the market.6 In other words, fair use under this proposal would be converted from a contextual multi-factor test into a two-factor balancing test in which courts would expressly and directly weigh one consideration against another. The remaining two factors, i.e., the nature of the work and the amount used, would be eliminated from consideration or, alternatively, …

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Implementing Geographic Information Technologies Ethically, Harlan J. Onsrud Dec 2007

Implementing Geographic Information Technologies Ethically, Harlan J. Onsrud

Harlan J Onsrud

Spatial technologies are changing relations among citizens, between citizens and businesses, and between citizens and their governments. Profound implications regarding our relationships with each other are being raised by the expanding use of mobile, spatial, and context-aware technologies, the building of interoperable coordinated spatial data infrastructures and pervasive sensor-networks, the use of location as the foundation for many current and future business and scientific information systems, and the widespread enablement of individuals to gather their own spatial data, report it to others and generate their own spatial resources. How can we within the geospatial community better weave our way through …

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