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Articles 1 - 30 of 95
Full-Text Articles in Privacy Law
Trademark Dilution And Corporate Personhood, Stacey Dogan
Trademark Dilution And Corporate Personhood, Stacey Dogan
Shorter Faculty Works
It’s become almost passé to decry our federal trademark dilution laws. The laws – first passed in 1995 and amended in 2006 – protect “famous trademarks” against uses that are likely to dilute their distinctiveness, without regard to any confusion among consumers or competition between the parties. Early critics warned that passage of the anti-dilution statute marked a turning point in trademark law: by giving famous trademark holders rights against even non-confusing uses of their marks, the law created “property”-like rights in trademarks. The initial commentary on the statute focused mainly on the costs associated with this increasingly absolutist approach …
Data Protection Laws And Marketing Practices, Warren B. Chik
Data Protection Laws And Marketing Practices, Warren B. Chik
Research Collection Yong Pung How School Of Law
Thepotential privacy implications of the incorporation of data protection laws inSingapore for unsolicited communications including telemarketing, junk mail andfaxes and SPAM are examined in this article.
An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown
An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown
West Virginia Law Review
No abstract provided.
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny
Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny
San Diego Law Review
The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
University of Michigan Journal of Law Reform
This Note proposes that the Washington State Legislature amend its Public Records Act to exempt from public disclosure personal information legally required to be disclosed by signers of referendum petitions. This Note also proposes that the Washington State Legislature designate an electronic system, to be detailed in its election law, by which referendum petitions can be checked for fraud without violating the right to anonymous expression protected by the First Amendment. Part I describes Washington State's referendum process and the path of Doe v. Reed, the case animating the reform presented in this Note. Part II illustrates how the rise …
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron
Canadian Journal of Law and Technology
New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …
The Internet And Protection Of Children Online: Time For Change, Jill Scott
The Internet And Protection Of Children Online: Time For Change, Jill Scott
Canadian Journal of Law and Technology
This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.
Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Location-Based Services And Privacy, Teresa Scassa, Anca Sattler
Canadian Journal of Law and Technology
In this paper we begin by describing location-based services, their evolution and their future directions. We then outline privacy issues raised by such services. In Part III we consider how current Canadian data protection laws apply to location-based services, and indicate where such laws fall short of addressing the full range of issues raised by location-based services. Part IV of the paper explores some technological methods to address the privacy challenges raised by location-based services. The paper concludes with a series of recommendations.
Electronic Discovery- Sedona Canada Is Inadequate On Records Management - Here's Sedona Canada In Amended Form, Ken Chasse
Canadian Journal of Law and Technology
A paper record can exist without its records system; an electronic record cannot. To use, corrupt, or destroy a paper record, one needs physical access to the records system wherein it is stored. But to use, corrupt, or destroy an electronic record one merely needs electronic access to its records system, from anywhere. Therefore any set of rules or principles for controlling the use of electronic records for any purpose, including electronic discovery, should incorporate the established policies and practices of electronic records management.
As to cost, rules of electronic discovery are needed with which to punish par- ties with …
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis
Canadian Journal of Law and Technology
This paper focuses on taxation issues faced by non-resident e-commerce companies with no sustained presence in Canada apart from a web site. The tax liability of foreign corporations with a Canadian subsidiary, a physical Canadian office, or Canadian-based employees or agents will not be considered, even though there is substantial overlap in some of the relevant issues. By e-commerce companies we refer broadly to any firms conducting their primary business — whether business- to-business (B2B) or business-to-consumer (B2C) — by means of the internet.
In the first section we outline the framework for Canada’s taxation of non-residents conducting business in …
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Canadian Journal of Law and Technology
This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke
Canadian Journal of Law and Technology
Methods of medical treatment are not patentable in Canada. This means that inventions involving the performance of surgery, administration of medicine, or extraction of fluids or tissue for diagnostic tests cannot directly be protected under the current patent regime. However, this prohibition is not an absolute ban. Many medical innovations are patentable, including surgical tools and devices, drugs and other chemical compounds, medical “uses”, diagnostic assays and methods of treat- ing “natural” conditions. The practical reality is that the distinction between what is and what is not patentable is poorly defined. This uncertainty presents a steep challenge for inventors and …
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry
Canadian Journal of Law and Technology
Nous nous intéresserons particulièrement à la mutation du paradigme de la régulation de l’audiovisuel classique13 dû à plusieurs facteurs: pour être diffuseur sur les ondes hertzienne il fallait être titulaire d’une licence accordé par l’Etat, sur Internet tout le monde peut l’être à sa guise. Les moyens techniques et financiers ne sont plus une barrière à l’ entrée, le nombre de joueurs qui e ́ tait jusque-là restreint devient, en théorie, incalculable. Le mécanisme de responsabilité mis en place est remis en cause, par la dilution des frontières, l’anonymat, ou l’insolvabilité des diffuseurs. Les modèles d’affaires doivent être revus, le …
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow
Canadian Journal of Law and Technology
The Supreme Court of Canada has consistently wrestled with the conflict between legislation designed to protect consumers’ health and the constitutional guarantee of the fundamental freedom of expression. This paper investigates the justification for the current regulatory framework for pharmaceutical advertising on television. Aware that the provisions in the FDA are able to withstand Charter of Rights and Freedoms (Charter) scrutiny, several possible policy initiations are nevertheless proposed.
The paper is divided into five separate sections. Having first introduced DTCA of pharmaceuticals on television in Section I, I will now turn to a more comprehensive examination of DTCA in Canada …
Lessons From Bilski, Haewon Chung
Lessons From Bilski, Haewon Chung
Canadian Journal of Law and Technology
In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian …
A Moral Rights Theory Of Private Law, Andrew S. Gold
A Moral Rights Theory Of Private Law, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Text Offenders: Privacy, Text Messages, And The Failure Of The Title Iii Minimization Requirement, Seth M. Hyatt
Text Offenders: Privacy, Text Messages, And The Failure Of The Title Iii Minimization Requirement, Seth M. Hyatt
Vanderbilt Law Review
For the past forty years, theory and practice in electronic surveillance have enjoyed an uneasy coexistence. In theory, under ("Title III"), government agents must use wire and electronic taps sparingly, and only under strict judicial supervision. In practice, however, federal courts have recognized countless loopholes and exceptions, leading critics to wonder whether Title III meaningfully limits state investigatory power.
Nowhere is this tension more apparent than in the context of "minimization." Under Title III, government agents conducting electronic surveillance must "minimize the interception of communications not otherwise subject to interception under this chapter." They must not listen in on any …
London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez
London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez
The University of New Hampshire Law Review
[Excerpt] “In the past decade, London emerged as the forum of choice for “libel tourists”—strategic, often foreign, plaintiffs who bring defamation actions in a jurisdiction with plaintiff-friendly libel laws, even if they and the defamatory material at issue lack a substantial connection with that jurisdiction. England’s defamation laws and procedures make it significantly easier for claimants to commence and prevail in libel actions than do the laws and procedures of many other countries, particularly the United States. As a result, English courts have entertained several high-profile defamation cases involving foreign parties who have only tenuous connections to England, such as …
Fiduciary Law In The Twenty-First Century, Tamar Frankel
Fiduciary Law In The Twenty-First Century, Tamar Frankel
Faculty Scholarship
How does one embrace the riches of the knowledge presented in this Conference? This Conference’s participants have presented the fiduciary relationship from so many points of view: interdisciplinary perspectives, current issues, and particular fascinating narrower topics. Does this event suggest that critics are correct, and that fiduciary law as a category is incoherent?1 Arguably, fiduciary relationships and the rules that govern them are too varied. Yet I maintain that the variety presented in this Conference leads to the opposite conclusion, and that the papers in this Conference provide support for my claim: that fiduciary law should be viewed and understood …
First-Class Objects, James Grimmelmann
First-Class Objects, James Grimmelmann
Cornell Law Faculty Publications
What is the difference between "James Grimmelmann" and "@grimmelm" and why should we care? Some computer systems, like Facebook and credit reporting agencies, are inherently "about" people. Others are not. This essay argues that the key technical difference is whether they use unique identifiers to refer to people in their databases. From this single distinction, a host of social and humanistic consequences follow. The essay taxonomizes them and teases out some of their implications for privacy law.
Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard
Big Brother Is Watching: The Reality Show You Didn't Audition For, J. Amy Dillard
All Faculty Scholarship
In 1984, at the height of the Reagan-era war on drugs, the Supreme Court created a bright-line exception to Fourth Amendment protection by declaring that no person had a reasonable expectation of privacy in an area defined as an open field. When it created the exception, the Court ignored positive law and its own jurisprudence that the Fourth Amendment protects people, not places. The open fields doctrine allows law enforcement officers to enter posted, private areas that are not part of a house or its curtilage for brief surveillance. The Supreme Court has never “extended the open fields doctrine to …
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries
Faculty Law Review Articles
The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that …
Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts
Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
This Article is part of a Howard Law Journal Symposium on “Collateral Consequences: Who Really Pays the Price for Criminal Justice?,” as well as my larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-First Century (The New Press, 2011). It considers state and federal government expansion of genetic surveillance as a collateral consequence of a criminal record in the context of a new biopolitics of race in America. Part I reviews the expansion of DNA data banking by states and the federal government, extending the collateral impact of a criminal record—in the form …
Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo
Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo
All Faculty Scholarship
Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
West Virginia Law Review
No abstract provided.
Home Is Where The Crime Is, I. Bennett Capers
Home Is Where The Crime Is, I. Bennett Capers
Michigan Law Review
Think of home. Go on. Maybe not your parents' home, which for this reviewer would be enough to induce heavy breathing and general anxiety. Rather, think about the concept of home. Think about the idea of home. Think about Home with a capital letter. Think of home as in The Wizard of Oz and Dorothy's famous "There's no place like home." Think "home sweet home." Or "home is where the heart is." Go on. Of course, there may be other associations that come to mind when one thinks of home. There's security. Safety. Control. Home rule. After all, in the …
The Value Of Detective Stories, Amy Gajda
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
University of the District of Columbia Law Review
No abstract provided.
From Facebook To Mug Shot: How The Dearth Of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu
From Facebook To Mug Shot: How The Dearth Of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu
Pace Law Review
No abstract provided.
Social Media And The Vanishing Points Of Ethical And Constitutional Boundaries, Ken Strutin
Social Media And The Vanishing Points Of Ethical And Constitutional Boundaries, Ken Strutin
Pace Law Review
No abstract provided.