Science and Technology Law Commons^™

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

UIC 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

UIC 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 of unprecedented threats and …

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

UIC 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. …

Firearm Transaction Disclosure In The Digital Age: Should The Government Know What Is In Your Home?, 27 J. Marshall J. Computer & Info. L. 497 (2010), Elaine Vullmahn

UIC John Marshall Journal of Information Technology & Privacy Law

This comment examines the primary arguments for continuing to prohibit the federal government from establishing a federal firearm registry. The Background section of this comment surveys the development of laws restricting firearm sales and requiring federal firearm licensed dealers to maintain pertinent records. This section also describes how, if enacted, the Blair Holt’s Firearm Licensing and Registration Act of 2009, known as H.R. 45, would, through the creation of federal firearm registry, expose electronic records of private citizens’ firearm purchases and ownership to possible government abuse. The Analysis section examines why H.R. 45 is not the correct means for achieving …

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

UIC 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 Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010), Michael F. Morgan

UIC John Marshall Journal of Information Technology & Privacy Law

While there is a growing body of literature dealing with the General Public License (“GPL”), the potential viral effects of the GPL do not appear to have been analyzed in a detailed technical manner. This paper will attempt to demonstrate that a proper legal analysis of the viral effects of the GPL is dependent on a detailed technical understanding of the specific mechanisms used for each type of program-to-program interaction. Once these technical mechanisms are properly understood it will then be possible to identify the applicable copyright law needed to assess the viral effects of the GPL.

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …

The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem

UIC John Marshall Journal of Information Technology & Privacy Law

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …

300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin

UIC John Marshall Journal of Information Technology & Privacy Law

2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer

UIC John Marshall Journal of Information Technology & Privacy Law

The circuit court erred when it granted summary judgment in favor of MarshCODE because Mr. Murphy has demonstrated facts to support the elements of the (1) defamation, (2) false light invasion of privacy, and (3) breach of contract claims. First, Mr. Murphy has provided facts to support the defamation claim. MarshCODE made a false and defamatory statement about Mr. Murphy when it told Ms. Who that he was her father. Because this matter concerns Mr. Murphy's private life, a negligence standard applies rather than the First Amendment's actual malice standard. Mr. Murphy has demonstrated that MarshCODE acted either negligently or …

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel

UIC John Marshall Journal of Information Technology & Privacy Law

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …

The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler

UIC John Marshall Journal of Information Technology & Privacy Law

The First District Court of Appeals properly affirmed summary judgment on behalf of MarshCODE because Appellant failed to raise a genuine issue of material fact on his defamation claim. First, MarshCODE's accidental disclosure of information, which implied that Appellant participated in premarital sex or had a homosexual child, was not defamatory because an average person would not lower his estimation or be deterred from associating with Appellant based on such a statement. Second, no publication was made because MarshCODE did not act with negligence and was unaware of the program malfunction that resulted in the release of the information. Third, …

Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010), Kristen A. Knapp

UIC John Marshall Journal of Information Technology & Privacy Law

Empirical studies have shown that government Internet filtering is increasing worldwide. Internet Service Providers have progressively begun to take on filtering responsibility in a quasi-governmental capacity. As filtering has increased, some have begun to question whether Internet filtering might violate WTO commitments under the General Agreement on Trade in Services (“GATS Agreement”). This paper will provide technical background on how Internet filtering is accomplished in practice, and explain the GATS Agreement that was held to govern Internet filtering in the U.S.-Gambling Services decision. This paper will further survey the current range of U.S. filtering actions and detail why tort remedies …

Interpretation & The Internet, 28 J. Marshall J. Computer & Info. L. 251 (2010), Cameron Hutchison

UIC John Marshall Journal of Information Technology & Privacy Law

Twenty years after the advent of the Internet, the revolutionary nature of the technology can no longer be in doubt. In spite of the ‘differentness” of the Internet, courts have proven adept at adapting extant law to the features and demands of this new technology. This paper will chronicle the differences between the Internet and other technologies which might, depending on the legal issue, justify the exclusion of the Internet from established rules on the basis of analogical reasoning. Two approaches to legal interpretation – literalism and purposivism—will be discussed in light of this new technology, with an explanation as …

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener

UIC John Marshall Journal of Information Technology & Privacy Law

Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …

Enforcement Of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect To The Eu Data Protection Directive?, Kristen A. Knapp

Richmond Journal of Global Law & Business

Enforcing discovery against companies located in foreign nations is not a new phenomenon. The U.S. Supreme Court took up the conflict between U.S. discovery rules and foreign non-disclosure law in a 1958 case. Despite more than fifty years to reach a settled jurisprudence regarding how to enforce U.S. law against foreign domiciled companies, there has yet to be a clear articulation of a standard applicable in all cases. Currently, there are two main sets of rules under which U.S. courts may enforce discovery laws against foreign companies, and if necessary impose sanctions for non-compliance: the Hague Convention and the U.S. …

Castles In The Air: F. Gregory Lastowka's Virtual Justice, Joshua A.T. Fairfield

Scholarly Articles

This Article argues that informed consent to contract terms is not a good to be maximized, but an information cost that courts should minimize. As a result, courts ought to minimize the cost sum of information costs and contractual surprise. The Article applies information-cost theory to show that information-forcing rules are often inefficient at both the micro- and macroeconomic levels. Such rules also impose greater costs on third parties than the benefits they create for the contracting parties. When one consumer creates an idiosyncratic deal, the information-savings benefits of standardization are reduced for all other potential consumers. The Article demonstrates …

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink

School of Law Faculty Publications

No abstract provided.

Cyber-Apocalypse Now: Securing The Internet Against Cyberterrorism And Using Universal Jurisdiction As A Deterrent, Kelly A. Gable

Vanderbilt Journal of Transnational Law

Cyberterrorism has become one of the most significant threats to the national and international security of the modern state, and cyberattacks are occurring with increased frequency. The Internet not only makes it easier for terrorists to communicate, organize terrorist cells, share information, plan attacks, and recruit others but also is increasingly being used to commit cyberterrorist acts. It is clear that the international community may only ignore cyberterrorism at its peril.

The primary security threat posed by the Internet is caused by an inherent weakness in the TCP/IP Protocol, which is the technology underlying the structure of the Internet and …

Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis

The Modern American

No abstract provided.