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Articles 1 - 30 of 78
Full-Text Articles in Science and Technology Law
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Faculty Scholarship
The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
BYU Law Review
No abstract provided.
Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh
Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh
RISK: Health, Safety & Environment (1990-2002)
Dr. Ramesh argues that microchip implantation is both possible and, for some purposes, desirable and suggests that now is the time to consider strategies for preventing potentially grievous intrusion into personal privacy.
The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli
The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli
American University Law Review
No abstract provided.
Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg
Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg
University of Michigan Journal of Law Reform
Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …
The Laws Of Genetics, Michael S. Baram
The Laws Of Genetics, Michael S. Baram
Faculty Scholarship
It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.
Why Regulate Cybermoney? , David G. Oedel
Why Regulate Cybermoney? , David G. Oedel
American University Law Review
No abstract provided.
Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz
Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz
American University Law Review
No abstract provided.
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
American University Law Review
No abstract provided.
How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt
How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt
American University Law Review
No abstract provided.
How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas
How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas
American University Law Review
No abstract provided.
How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson
How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson
American University Law Review
No abstract provided.
1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field
1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field
American University Law Review
No abstract provided.
The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright
The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright
Faculty Scholarship
No abstract provided.
Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford
Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford
Faculty Publications
Computer scientists, using artificial intelligence techniques such as neural networks, are enabling computers to independently create works that appear to qualify for federal intellectual property protection. In at least one case, the creator of this kind of program has registered its output, a series of musical compositions, under his name as author with United States Copyright Office. Whether the output of the computer satisfies the statutory and constitutional requisites for protection is questionable, however. The author of this Article argues that the output of an autonomously creative computer program cannot be protected under the current copyright and patent laws. Further, …
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …
Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger
Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger
UIC John Marshall Journal of Information Technology & Privacy Law
Universal Service was originally set-up to provide everyone with telephone service -- regardless of their ability to pay. Telephone service is considered vital to health, public safety, governmental involvement, ability to obtain jobs, and to the building of community. Universal Service was paid for through cross-subsidies: businesses were charged more; all customers, regardless of locale were charged the same rate; long distance rates were artificially high and local calls were priced artificially low; phone costs were kept to a nationwide average. In 1982, the divestment of what had been a monopoly, Bell Telephone, was final. In order to continue support …
Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher
UIC John Marshall Journal of Information Technology & Privacy Law
The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …
The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addresses the problem of computer hackers, breaking into the computer systems of businesses, and the third party injuries that are ultimately caused by such acts. This is a multimillion dollar problem for the business community. The article discusses the current methods companies use to protect against hackers, and then the author makes some suggestions for protection that include the latest technology available. However, the paper's main focus is on ways to put pressure on businesses to ensure that its computers are protected against hackers to avoid third party injuries. The author looks to tort law to do just …
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the proliferation of on-line commercialism on the Internet and the various problems related to the increase of commercialism. Spamming, which is defined as the distribution of large amounts of unsolicited information, has been the major form of commercialism and arguably the most problematic. The article emphasizes the attempts to reduce the problem of on-line commercialism through preventative measures, such as self-governance on the Internet. While the author states that self-governance may be a solution to the problem of excessive commercialism, he also states that self-governance may give rise to problems, such as intervention by the federal government …
Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb
UIC John Marshall Journal of Information Technology & Privacy Law
The Second Circuit Court of Appeals recently handed down a decision which can be seen as a victory for supporters of free dissemination on the Internet. At issue was whether dissemination of real-time sports data infringed the NBA's copyright of broadcast material, and if not whether the use of NBA game statistics was a misappropriation of the NBA's property. In 1994, Motorola teamed up with STATS (Sports Team Analysis and Tracking Systems of Missouri, Inc.) to provide real-time updates of professional sports scores and information to subscribers of pagers as well as on-line services. STATS also provides sports information to …
Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen
Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this article is to share information about "outstanding legal issues" that Taiwan has experienced in its use of the Internet. It does through five topics. First, the issue of contracts is addressed using the present laws in Taiwan. Contracts are based on an "offer" by one party and "acceptance" of a second party. Digital products displayed on the Internet are said to constitute an offer when it bears a price, but a legal question arises out of how to constitute acceptance. Taiwan law looks to the law of the country where the offer was made to govern …
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
UIC John Marshall Journal of Information Technology & Privacy Law
Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …
Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar
Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar
UIC John Marshall Journal of Information Technology & Privacy Law
The speedy progress of the "digital revolution" has significantly changed the manner in which individuals and other entities communicate and exchange information. Since traditional paper based media for communication is being replaced by high tech means, new security measures such as cryptographic security techniques are sought to ensure individual privacy. This is a drastic change because encryption technology was traditionally utilized by military and diplomatic communications. Human rights activists, political dissidents and journalists employ encryption technology to protect communication from government surveillance. The Global Internet Liberty Campaign ("GILC") was organized to protect civil liberties and human rights in the on-line …
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz
On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz
UIC John Marshall Journal of Information Technology & Privacy Law
In order to prevent check fraud, many banking institutions are implementing programs of on-site fingerprinting. On-site fingerprinting is a process whereby individuals are subject to fingerprinting before being allowed to cash a check. Currently, two methods are used by the banking industry to obtain these fingerprints. The first method is the old fashioned way which the finger is inked and the ink mark is placed on the back of the check. Today, invisible ink is used. The second means by which these fingerprints are obtained is through biometrics or digital recording. The person attempting to cash a check places his …
We've Got Your Number: An Overview Of Legislation And Decisions To Control The Use Of Social Security Numbers As Personal Identifiers, 16 J. Marshall J. Computer & Info. L. 529 (1998), Flavio L. Komuves
UIC John Marshall Journal of Information Technology & Privacy Law
In the face of technology which allows for the storage and sharing of information on individuals in an unprecedented way, individuals still maintain the right to informational privacy. However, the extensive use of Social Security numbers as universal identifiers is one of the most serious manifestations of privacy concerns in the United States. Numerous private sources, such as financial institutions and blood banks, and governmental sources, such as the Internal Revenue Service and the courts, use these numbers as identifiers either by voluntary choice or as required by law. Inadequate restrictions on these uses have led to serious violations of …
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
UIC John Marshall Journal of Information Technology & Privacy Law
Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …
1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii
1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii
UIC John Marshall Journal of Information Technology & Privacy Law
Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …