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The 2009 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland, G. Dabibi, Gareth Davies 2010 Security Research Centre, Edith Cowan University, Khalifa University of Science, Technology and Research

The 2009 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland, G. Dabibi, Gareth Davies

Journal of Digital Forensics, Security and Law

The ever increasing use and reliance upon computers in both the public and private sector has led to enormous numbers of computers being disposed of at the end of their useful life within an organisation. As the cost of computers has dropped, their use in the home has also continued to increase. In most organisations, computers have a relatively short life and are replaced on a regular basis with the result that, if not properly cleansed of data, they are released into the public domain containing data that can be relatively up to date. This problem is exacerbated by the ...


Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma 2010 Metropolitan State University

Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers ...


Table Of Contents, 2010 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo 2010 University of Pennsylvania Law School

Innovations In The Internet’S Architecture That Challenge The Status Quo, Christopher S. Yoo

Faculty Scholarship

The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering, multihoming, secondary peering, server farms, and content delivery networks, have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Moreover, network providers have begun to employ an increasingly varied array of business arrangements. Some of these innovations are responses to the growing importance of peer-to-peer technologies. Others ...


People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo 2010 University of Washington School of Law

People Can Be So Fake: A New Dimension To Privacy And Technology Scholarship, M. Ryan Calo

Articles

This article updates the traditional discussion of privacy and technology, focused since the days of Warren and Brandeis on the capacity of technology to manipulate information. It proposes a novel dimension to the impact of anthropomorphic or social design on privacy.

Technologies designed to imitate people-through voice, animation, and natural language-are increasingly commonplace, showing up in our cars, computers, phones, and homes. A rich literature in communications and psychology suggests that we are hardwired to react to such technology as though a person were actually present.

Social interfaces accordingly capture our attention, improve interactivity, and can free up our hands ...


A Critical Appraisal Of Remedies In The Eu Microsoft Cases, Nicholas Economides, Ioannis Lianos 2010 New York University

A Critical Appraisal Of Remedies In The Eu Microsoft Cases, Nicholas Economides, Ioannis Lianos

New York University Law and Economics Working Papers

We discuss and compare the remedies in the two cases antitrust cases of the European Union (EU) against Microsoft. The first EU case alleged (i) that Microsoft illegally bundled the Windows Media Player (WMP) with Windows; and (ii) that Microsoft did not provide adequate documentation that would allow full interoperability between Windows servers and non-Microsoft servers as well as between Windows clients and non-Microsoft servers. After finding Microsoft liable and imposing a large fine, the EU imposed as remedies the requirements on Microsoft (i) to sell a version of Windows without WMP (Windows-N); and (ii) to publish and license interoperability ...


Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar 2010 John Marshall Law School

Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar

The John Marshall Journal of Information Technology & Privacy Law

The first section of this paper will explain what fatwâs are, why they are important, and what is the relationship between fatwâs and the Islamic judiciary. This section will also address who can issue such opinions and how scholars reach their conclusions. In the second part of this paper, I will explore the recent emergence of cyber fatwâs. This section specifically will focus on how Muslims have used this medium and how fatwâs have manifested themselves therein. The third portion of this paper will identity the problems that cyber fatwâs create and why they fail to comport with particular tenets ...


How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010), Kritika Bharadwaj 2010 John Marshall Law School

How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010), Kritika Bharadwaj

The John Marshall Journal of Information Technology & Privacy Law

India has one of the fastest growing demographics of personal computer and Internet usage, following the U.S. and the U.K. In the light of this progress, there is no doubt that India has benefited from the worldwide process of outsourcing. On the same note, the service offered by India has rendered her indispensible to countries around the world, including the U.S. and the U.K. However, where convenience, speed, and accessibility are taken for granted in this digital era, this paradigm shift has consequently resulted in changes in its management and control, safeguard measures, and a surge ...


An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou 2010 John Marshall Law School

An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou

The John Marshall Journal of Information Technology & Privacy Law

This paper examines the evolution of a number of cloud computing services’ terms of use with the aim to discern whether they offer less or more (or equal) privacy safeguards. To better highlight the changes cloud computing has brought about, I focus on those privacy terms that relate to the special modus operandi of cloud services. This paper proceeds in three parts. Part I identifies the special ways by which cloud computing challenges privacy. Part II discusses a series of privacy terms commonly found in the sampled cloud computing services and follows their evolution by comparing previous versions where available ...


Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer 2010 John Marshall Law School

Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer

The John Marshall Journal of Information Technology & Privacy Law

This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide ...


The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A. Cotropia 2010 Yale Law School

The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A. Cotropia

Yale Journal of Law and Technology

The individual inventor motif has been part of American patent law since its inception. The question is whether the recent patent troll hunt has damaged the individual inventor's image and, in turn, caused Congress, the United States Patent and Trademark Office (USPTO), and the courts to become less concerned with patent law's impact on the small inventor. This Article explores whether there has been a change in attitude by looking at various sources from legislative, administrative, and judicial actors in the patent system, such as congressional statements and testimony in discussions of the recent proposed patent reform legislation ...


Quantifying The Cost Of Substandard Patents: Some Preliminary Evidence, T R. Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak 2010 Yale Law School

Quantifying The Cost Of Substandard Patents: Some Preliminary Evidence, T R. Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

Yale Journal of Law and Technology

The purpose of patent policy is to balance the incentive to invent against the ability of the economy to utilize and incorporate new inventions and innovations. Substandard patents that upset this balance impose deadweight losses and other costs on the economy. In this paper, we examine some of the deadweight losses that result from granting substandard patents in the United States. Under plausible assumptions, we find that the economic losses resulting from the grant of substandard patents can reach $21 billion per year by deterring valid research with an additional deadweight loss from litigation and administrative costs of $4.5 ...


Leaving Room For Research: The Historical Treatment Of The Common Law Research Exemption In Congress And The Courts, And Its Relationship To Biotech Law And Policy, Maureen E. Boyle 2010 Yale Law School

Leaving Room For Research: The Historical Treatment Of The Common Law Research Exemption In Congress And The Courts, And Its Relationship To Biotech Law And Policy, Maureen E. Boyle

Yale Journal of Law and Technology

The recent suit over the validity of gene patents between the American Civil Liberties Union and Myriad Genetics has highlighted the troubling ways in which patents may be interfering with the willingness of scientists and companies to engage in basic biotechnology research on matters of vital importance to human health and disease. Many scholars have argued for a legislative research exemption to protect this sort of research. Theoretically, the common law already contains an exemption to protect certain uses of a patented product from being deemed patent infringement. This Article evaluates the history of the common law research exemption alongside ...


Death Of The Revolution: The Legal War On Competitive Broadband Technologies, John Blevins 2010 Yale Law School

Death Of The Revolution: The Legal War On Competitive Broadband Technologies, John Blevins

Yale Journal of Law and Technology

This Article examines the role that law has played in entrenching incumbents in the communications industry, with a particular focus on broadband services. Earlier this decade, several new "revolutionary" broadband technologies threatened to fundamentally disrupt industry structures. This revolution, however, never arrived. The reason, I argue, is that industry consolidation transformed law into a powerful and versatile entrenchment mechanism that stifled these emerging competitive threats. Simply put, the sheer size superiorities enjoyed by today's incumbent companies has created new and self-reinforcing opportunities to use law to entrench their market position. My focus, however, is not upon consolidation itself, but ...


It's My News Too! Online Journalism And Discriminatory Access To The Congressional Periodical Press Gallery, Ryan B. Witte 2010 Yale Law School

It's My News Too! Online Journalism And Discriminatory Access To The Congressional Periodical Press Gallery, Ryan B. Witte

Yale Journal of Law and Technology

Despite its three hundred year existence, the American newspaper is being devastated as the Internet becomes the go-to source for news. Despite the rise in Internetjournalism, the sharp increase in online readership, and the precipitous drop in the number of print newspapers, policymakers still have a dismissive attitude toward alternative news sources. Such attitudes must change. In particular, the government should give online-only journalists increased access to the Galleries of the House of Representatives, the Senate, and other state-owned facilities where mainstream journalists are permitted. With a world-wide audience of millions of readers, Congress and the courts can no longer ...


The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan 2010 University of Richmond

The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan

Richmond Journal of Law & Technology

As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might ...


The Citation Of Wikipedia In Judicial Opinions, Lee F. Peoples 2010 Yale Law School

The Citation Of Wikipedia In Judicial Opinions, Lee F. Peoples

Yale Journal of Law and Technology

Wikipedia has been cited in over four hundred American judicial opinions. Courts have taken judicial notice of Wikipedia content, based their reasoning on Wikipedia entries, and decided dispositive motions on the basis of Wikipedia content. The impermanent nature of Wikipedia entries and their questionable quality raises a number of unique concerns. To date, no law review article has comprehensively examined the citation of Wikipedia in judicial opinions or considered its long-range implications for American law. This article reports the results of an exhaustive study examining every American judicial opinion that cites a Wikipedia entry. The article begins with a discussion ...


E-Book Transactions: Amazon "Kindles" The Copy Ownership Debate, Michael Seringhaus 2010 Yale Law School

E-Book Transactions: Amazon "Kindles" The Copy Ownership Debate, Michael Seringhaus

Yale Journal of Law and Technology

The Amazon Kindle is revolutionizing the way we buy and read books. But according to Amazon, Kindle books are not sold at all. Rather, they are licensed under surprisingly aggressive terms. This may surprise Kindle users. Amazon's promotional materials paint a very different picture of Kindle e-book transactions than its Terms of Service, which are buried online and purport to bind users automatically by a "browsewrap" agreement-meaning users are bound by its terms simply by visiting Amazon 's Web site. It is not clear whether courts will uphold Amazon's characterization of Kindle e-book transactions as mere licenses, or ...


Courting Chaos: Conflicting Guidance From Courts Highlights The Need For Clearer Rules To Govern The Search And Seizure Of Digital Evidence, Lily R. Robinton 2010 Yale Law School

Courting Chaos: Conflicting Guidance From Courts Highlights The Need For Clearer Rules To Govern The Search And Seizure Of Digital Evidence, Lily R. Robinton

Yale Journal of Law and Technology

Today's digital devices allow users to store an astounding amount ofpersonal information and data of all types. People now favor hard drives and e-mails over file cabinets and letters. When conducting criminal investigations in today's high-tech world, forensic analysts may compare digital fingerprints rather than physical ones. Investigators must obtain search warrants before examining any digital device for evidence of criminal activity, just as they would before searching a suspect's car, home, or office. In the digital context, however, the warrant requirement goes awry. Traditional search and seizure rules fail to prevent general, exploratory searches, which threaten ...


The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams 2010 John Marshall Law School

The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams

The John Marshall Law Review

No abstract provided.


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