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Articles 1 - 30 of 44
Full-Text Articles in Internet Law
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason
Indiana Law Journal
No abstract provided.
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson
Michigan Law Review
A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli
Indiana Law Journal
No abstract provided.
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed
UIC John Marshall Journal of Information Technology & Privacy Law
The ways that a computer and the human brain process information are immensely similar. The legal issues that arise from similar information processors must be addressed. In addition to purporting the similarities between the computer as the information processor and the human mind as the information processor, attorneys need to stay current with developments in computer technology. New insights in the computer industry can shatter the current legal infrastructure used to solve today's computer law issues. Attorneys must constantly reexamine the rules that pertain to information as well. The practicing attorney should be aware that these new legal developments need …
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
UIC John Marshall Journal of Information Technology & Privacy Law
To fully understand the future of the computer and the computer's role in society, one must understand where the computer originated. The history of the computer is traced from the beginning of binary numeration to the life of John V. Atanasoff, the inventor of the computer. Several developments in technology are responsible for the transformation of computers into the high tech efficient and affordable technology. In review, four generations of computers exist. Atanasoff's first model and the derivatives from his work are the first generation computers. The development of the transistor by Bell Laboratories in the late 1940's led to …
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet presents many opportunities for the user to purchase merchandise using a credit card or bank card. However, until planned security measures for the Internet are proven to be effective, a question is raised: Who will pay for the loss if a criminal diverts the bank card data used by a consumer over the Internet? Two federal statutes generally prevent banks and credit card associations from charging consumers for losses incurred by fraudulent use of bank cards. The 1970 amendment to the Federal Consumer Protection Act (FCPA) and the Electronic Funds Transfer Act of 1978 (EFTA) contain provisions that …
Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
UIC John Marshall Journal of Information Technology & Privacy Law
Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, …
It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson
UIC John Marshall Journal of Information Technology & Privacy Law
The age of the Internet has allowed users of all ages to access an infinite number of subjects. However, some of those Internet sites may consist of subjects that may not be suitable for children under eighteen based on the content of those sites. The content may include sexually explicit and violent text and images. In 1996, the Communications Decency Act (hereinafter CDA) was created to help protect children from "obscene" or "indecent" subject matter by imposing criminal liability for violations. However, the American Civil Liberties Union has obtained a preliminary injunction against enforcing the CDA because of the potentially …
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …
Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer
Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but …
Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin
Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey
The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet has lured both shoppers and business people to its online economy. When a user wants to purchase an item from a merchant, he simply sends the bank a special electronic message, encoded with a unique digital signature requesting the money. The bank debits the user’s account and sends “e-cash” to the users computer via the Internet. After receiving the e-cash, the user’s computer transmits it to the merchant’s computer, which verifies the authenticity of the “e-cash” with the bank and credits it to the merchant’s account. This move to a cashless society stretches the parameters of current legislation …
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes
UIC John Marshall Journal of Information Technology & Privacy Law
In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …
Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie
UIC John Marshall Journal of Information Technology & Privacy Law
Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …
Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie
Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
It's business as usual: parties transacting business with paper, pens, phone calls, faxes, etc. With the convenience of computers in the market places, however, the business landscape is no longer the same: no more paper or less face-to-face contacts. Cyberspace provides an environment that obliterate physical time and space, but it also brings along risk fertile to create liabilities. In this article, the author attempts to address areas such as advertising; selling of money or goods; direct distributing of digitized products; contracting; intellectual property rights; common law torts and right to privacy on the Internet. At the end, the author …
Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch
Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch
UIC John Marshall Journal of Information Technology & Privacy Law
This article presents a description and evaluation of the 1995 Israeli Computer Law including the structure and scope, the protection of computers and programs, computer crimes, computer-assisted crimes, torts, evidence rules regarding the admissibility of computer print-outs and business records, and search and seizure laws.
The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina
UIC John Marshall Journal of Information Technology & Privacy Law
In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …
State And Local Taxing Authorities Taking More Than Their Fair Share Of The Electronic Information Age, 14 J. Marshall J. Computer & Info. L. 493 (1996), David C. Blum
UIC John Marshall Journal of Information Technology & Privacy Law
This comment discusses the trend of state and local departments of revenue taxing users and providers of computer and information services even though the tax is not included in the jurisdiction’s legislation. While services are normally exempt from tax unless specifically enumerated, the Departments of Revenue recharacterize the service of providing electronically transmitted information into a purchase or lease of tangible personal property so the transaction can be taxed. This comment argues that users and providers of electronic information services should not be liable for a sales or use tax in a jurisdiction that lacks clear and specific statutory authority …
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
UIC John Marshall Journal of Information Technology & Privacy Law
This commentary is from the unique perspective of Roger Cossack, host of CNN’s “Burden of Proof.” In it, he reflects on the O.J. Simpson trial and the effect televising it had. He concludes that televising the trial revealed the depth of racial conflict that divides our country. This was shown by issues involving pre-trial publicity, control of the courtroom, racism in reporting, the failure of DNA evidence and prior spousal abuse to convince the jury, and the effectiveness of counsel.
Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling
Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling
UIC John Marshall Journal of Information Technology & Privacy Law
This article presents a summary of the 1995 European Union Data Protection Directive, including a description of the provisions of the directive, general rules on lawfulness, rights of the individuals, remedies, and affect on the laws of the member states. The historical background and development of the Directive is also covered, including the first data protection laws and activities of the Council of Europe and United Nations.
Discovery Of Computer Stored Documents And Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996), Patrick R. Grady
UIC John Marshall Journal of Information Technology & Privacy Law
This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
UIC John Marshall Journal of Information Technology & Privacy Law
On June 30, 1994, Belgium became the first nation in Europe that incorporated Directive 91/250/EEC into a specific law, the "Software Act." Unlike many other countries that deal with copyright issues involving software, Belgium enacted the Software Act to satisfy the practical and specific need to protect software. In this introductory article on Belgium’s protection of software, the author discusses the main provisions of the Software Act while making reference to the Copyright Act since computer programs are also protectable through patent, trademark or unfair competition laws. In furthering its commitment under the Berne Convention, Belgium enacted the Software Act …
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 14 J. Marshall J. Computer & Info. L. 563 (1996), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This is a Bench memorandum for the 1995 John Marshall National Moot Court Competition in Information Technology and Privacy Law. It is an interlocutory appeal from a circuit court’s denial of the defendant’s motion to dismiss the plaintiff’s defamation action. The facts include the defendant, Robert Jacobs, posting an allegedly defamatory comment aimed at the plaintiff, Jennifer Fetty on an online discussion board during a debate on abortion. Both reside in Illinois, but the comment was read and replied to by David Bornmann, a resident of the State of Marshall. The issues include whether defendant is subject to personal jurisdiction …
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
UIC John Marshall Journal of Information Technology & Privacy Law
There are over eight thousand people in Ireland employed in the software industry by several multinational corporations, including Microsoft, Novell, Lotus and Corel. Although there has not yet been much Irish case law addressing the protection of computer software, there are adequate statutory protections in place. The Directive on the Legal Protection of Computer Programs (“Regulations”) provides copyright protection for all original computer programs. Ideas and underlying principles are not protected by copyright under the Regulations but the English High Court has clarified this general rule by stating detailed ideas may be copyrighted. The Regulations provide some exclusive rights to …
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.