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Carbon Credits As Collateral, George M. Padis May 2022

Carbon Credits As Collateral, George M. Padis

Journal of Technology Law & Policy

Investment in energy-efficient technology is capital intensive, requiring financing and access to credit. Much has been written discussing the efficiency, or lack thereof, of cap-and-trade programs in the United States and, more recently, in the European Union. However, very little attention has been paid to the legal framework for the potential use of carbon credits as collateral to secure financing. This Note endeavors to begin filling that gap. Due to the unique qualities of carbon credits (for example, as a tradeable future right tied to geographic location), the current provisions of Article 9 of the Uniform Commercial Code (U.C.C) may …

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The Time They Are A' Changin': Bilski V. Kappos, Global Tech V. Seb, Stanford V. Roche, And Microsoft V. I4i, Sue Ann Mota May 2022

The Time They Are A' Changin': Bilski V. Kappos, Global Tech V. Seb, Stanford V. Roche, And Microsoft V. I4i, Sue Ann Mota

Journal of Technology Law & Policy

Patent law in the United States has been in the process of changing in the last few years due to a series of Supreme Court cases and congressional action. This Article gives an overview of these changes and their implications.

In 2010 and 2011, the U.S. Supreme Court decided four landmark patent cases, each time affirming the Court of Appeals for the Federal Circuit. On June 28, 2010, the Court unanimously held in Bilski v. Kappos that a patent application for claims involving hedging risk in energy markets involved non-patentable subject matter. On May 31, 2011, the Court held 8–1 …

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Are Cell Phones Safe Until The Fcc Telss Us They Are Not? A Preemption Analysis In The Context Of Cell Phone Radiation Emissions Standards, Shelby Anderson May 2022

Are Cell Phones Safe Until The Fcc Telss Us They Are Not? A Preemption Analysis In The Context Of Cell Phone Radiation Emissions Standards, Shelby Anderson

Journal of Technology Law & Policy

In light of the pervasiveness of cellphones in American culture, if the now theoretical health risks associated with cell phone usage become reality, mass litigation will ensue. The extent to which federal law may preempt such state tort litigation is the subject of this Note.

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Geolocation And Jurisdiction: From Purposeful Availment To Avoidance And Targeting On The Internet, Tracie E. Wandell May 2022

Geolocation And Jurisdiction: From Purposeful Availment To Avoidance And Targeting On The Internet, Tracie E. Wandell

Journal of Technology Law & Policy

This Article proposes a standard for Internet jurisdiction that recognizes the geographic borders now possible for Internet conduct. Purposeful availment analysis should look to an Internet user’s ability to target or avoid a forum by using geolocation to ascertain his true intent. To reach this conclusion, I will first examine the current state of Internet jurisdiction analysis by summarizing the traditional minimum contacts analysis, examining the competing standards for Internet jurisdiction, and contemplating how the law could change as a result of a case currently before the U.S. Supreme Court. Thereafter, I will contrast the U.S. Internet jurisdiction analysis to …

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Chasing The Clouds Without Getting Drenched: A Call For Fair Practices In Cloud Computing Services, John Soma, Maury Nichols, Melodi Mosley Gates, Ana Gutiérrez May 2022

Chasing The Clouds Without Getting Drenched: A Call For Fair Practices In Cloud Computing Services, John Soma, Maury Nichols, Melodi Mosley Gates, Ana Gutiérrez

Journal of Technology Law & Policy

With cloud services emerging as the latest computing technological advancement, privacy looms as a critical component to the successful adoption of this technology. Through a comprehensive analysis of the looming dangers of privacy and security in clouds, this Article attempts to promote core principles and strategic business directions with the goal of fostering a consensus in legislative, regulatory, and international Internet policy. Influenced by the Federal Trade Commission’s Privacy Initiative, this Article advocates for the implementation of core privacy principles into cloud computing services. These core principles include facilitating transparency, empowering individuals to make informed and intelligent choices, strengthening multi-stakeholder …

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Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger May 2022

Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger

Journal of Technology Law & Policy

Cloud computing is being hailed as the future of information technology (IT) architecture. It is projected that by the year 2018, service-based solutions will be a major medium for delivery of information and other IT functions at both the consumer and corporate ranks. Cloud computing transfers the application software and server-based databases to the centralized large data centers, where the security measures taken by cloud providers to safeguard the data entered into the cloud may not be fully trustworthy. With the explosion of data being entered and managed by electronic means and the increasing prevalence of identity theft cases, data …

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Over-Exposed? Tsa Scanners And The Fourth Amendment Right To Privacy, Jennifer Levine May 2022

Over-Exposed? Tsa Scanners And The Fourth Amendment Right To Privacy, Jennifer Levine

Journal of Technology Law & Policy

On December 25, 2009, a Nigerian man attempted to set off a bomb on a Northwest Airlines flight. The United States deemed this Christmas Day attack as an act of terrorism. Luckily, the bomb failed to detonate, and the plane landed safely. However, soon after, President Obama and the Transportation Security Administration responded by implementing Advanced Imaging Technology (AIT), heightening airport security measures.

The legal controversy over the scanners has revolved primarily over issues of privacy. AIT reveals such personal information as breast implants and prosthetics. Many critics argue that the new technology is highly invasive, and therefore violates the …

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Illusory Protections For Those Accused Of Scientific Research Misconduct: Need For Reform, Jacqueline D. Wright Bonilla May 2022

Illusory Protections For Those Accused Of Scientific Research Misconduct: Need For Reform, Jacqueline D. Wright Bonilla

Journal of Technology Law & Policy

No abstract provided.

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The Implications Of The Google Book Search Dispute For The Private International Law Of Intellectual Property, Adrienne Lester May 2022

The Implications Of The Google Book Search Dispute For The Private International Law Of Intellectual Property, Adrienne Lester

Journal of Technology Law & Policy

This Article argues that, as a result of antithetical judgments and settlements, the Google Book Search dispute threatens to further entrench the principle of territoriality in the treatment of intellectual property in transnational disputes, forestalling the development of a cohesive body of law. However, the best way forward in this legal environment is the increased use of collaboration mechanisms, such as cooperation and consolidation of cases by courts. Part II explains the existing legal framework through a detailed comparison of the current “soft law” instruments for the private international law for intellectual property. This part also contains a table for …

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Cyberbullying: Adaptation From The Old School Sandlot To The 21st Century World Wide Web—The Court System And Technology Law's Race To Keep Pace, Andrew B. Carrabis, Seth D. Haimovitch May 2022

Cyberbullying: Adaptation From The Old School Sandlot To The 21st Century World Wide Web—The Court System And Technology Law's Race To Keep Pace, Andrew B. Carrabis, Seth D. Haimovitch

Journal of Technology Law & Policy

No abstract provided.

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The Legal, Financial, And Ethical Implications Of Online Medical Consultations, Regina A. Bailey May 2022

The Legal, Financial, And Ethical Implications Of Online Medical Consultations, Regina A. Bailey

Journal of Technology Law & Policy

With the widespread availability and use of the Internet in today’s society, physicians have started communicating virtually with their patients, even conducting online medical consultations. However, there are many barriers to using the technology of online medical consultations to its full capabilities.

First, many doctors are consulting with patients that they have no established relationship with and have never examined. These doctors are diagnosing ailments, providing a treatment plan, and in some situations, prescribing medication. Diagnosing and treating a patient that you have never examined can be very dangerous, and can place the doctor in significant potential for malpractice liability. …

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Walking The Wire In The Wireless World: Legal And Policy Implications Of Mobile Computing, Kimberly L. Rhodes, Brian Kunis May 2022

Walking The Wire In The Wireless World: Legal And Policy Implications Of Mobile Computing, Kimberly L. Rhodes, Brian Kunis

Journal of Technology Law & Policy

The standard nine-to-five, office-centric workday has gone the way of the dinosaur. Much of today’s corporate workforce is equipped with mobile technology that provides new levels of freedom, flexibility and efficiency. A worker can edit a document while exercising on an elliptical machine, drinking a latte at a coffee shop or riding a train. However, the benefits of mobile technology do not come without a price. The changing landscape presents a unique challenge to Information Technology (IT) departments as workers increasingly function outside the security of an office network. The potential for a security breach has always been a concern, …

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Intellectual Property: Tectonic Shifts In The Legal Landscape, Alexandre A. Montagu May 2022

Intellectual Property: Tectonic Shifts In The Legal Landscape, Alexandre A. Montagu

Journal of Technology Law & Policy

No abstract provided.

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Filling In The Gaps: The Limits Of The Patent Exhaustion Doctrine In Light Of The Supreme Court's Inability To Find Closure In Quanta, Jonthan Werner May 2022

Filling In The Gaps: The Limits Of The Patent Exhaustion Doctrine In Light Of The Supreme Court's Inability To Find Closure In Quanta, Jonthan Werner

Journal of Technology Law & Policy

No abstract provided.

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Searches And Seizures: The-Times-They-Are-A-Changin' Or Technology Issue Avoidance, Michael Hrdlicka May 2022

Searches And Seizures: The-Times-They-Are-A-Changin' Or Technology Issue Avoidance, Michael Hrdlicka

Journal of Technology Law & Policy

No abstract provided.

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Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled, Ron J. Whitener May 2022

Research In Native American Communities In The Genetics Age: Can The Federal Data Sharing Statute Of General Applicability And Tribal Control Of Research Be Reconciled, Ron J. Whitener

Journal of Technology Law & Policy

This article will examine several case studies highlighting the history of research conflicts to provide a context for Native American concerns with free researcher access to tribal members and their data. It will look at the federal law related to sharing data collected with federal funding and NIH’s implementation of that law, including specific data sharing policies related to genetic research. Finally it will discuss potential strategies to preempt the data sharing laws through judicial exceptions application of federal laws of general applicability by creating tribal frameworks for research conducted under tribal regulatory authority and for sharing of tribal data, …

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Why Shouldn't Attorneys Be Allowed To View Metadata?: A Proposal For Allowing Attorneys To View Metadata As Long As Extraordinary Measures Are Not Taken To Do So And Opposing Counsel Is Contacted Upon Discovery Of Sensitive Information, Michael W. Loudenslager May 2022

Why Shouldn't Attorneys Be Allowed To View Metadata?: A Proposal For Allowing Attorneys To View Metadata As Long As Extraordinary Measures Are Not Taken To Do So And Opposing Counsel Is Contacted Upon Discovery Of Sensitive Information, Michael W. Loudenslager

Journal of Technology Law & Policy

This Article deals with the issue of receiving attorneys viewing what is termed the “metadata” of electronic documents transmitted by opposing counsel outside the context of litigation. Thus, the Article deals mainly with the ethical duties of attorneys who examine the metadata contained in agreements that parties are in the process of negotiating and are transmitted between party attorneys in electronic form. The Article concludes that receiving attorneys, in fact, should be allowed to view such metadata as long as the attorney does not take extraordinary measures to retrieve information that the sending attorney took affirmative action to remove or …

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Defending Section 230: The Value Of Intermediary Immunity, Jeff Kosseff May 2022

Defending Section 230: The Value Of Intermediary Immunity, Jeff Kosseff

Journal of Technology Law & Policy

Nemet Chevrolet is typical of many claims that are dismissed under Section 230, which Congress passed in 1996. Plaintiffs seek to hold websites accountable for damaging content posted by third parties, and courts typically deny these claims under Section 230. Many commentators have argued that such opinions are reasons to limit or repeal Section 230’s immunity for websites. The critics argue that Congress never contemplated such broad immunity for websites from defamation and other torts. But this Article argues that such changes are imprudent and inconsistent with Congress’s intentions and First Amendment principles. Section 230 has allowed the Internet to …

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The Thin Divide: Business Model, Patentable Process Or Unpatentable Principle?, Eric Feld May 2022

The Thin Divide: Business Model, Patentable Process Or Unpatentable Principle?, Eric Feld

Journal of Technology Law & Policy

No abstract provided.

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Criminal And Civil Liability For User Generated Content: Craigslist, A Case Study, John E. D. Larkin May 2022

Criminal And Civil Liability For User Generated Content: Craigslist, A Case Study, John E. D. Larkin

Journal of Technology Law & Policy

This Article argues that recent court decisions have already limited the extent of protection websites enjoy from civil suits, and that the changes Craigslist has made to its “Erotic Services” section placed the website even further outside the immunity the company has hitherto enjoyed. In reaching its conclusion, this Article proceeds in two sections, considering first the extent of Craigslist’s criminal liability, and then considering the of the civil liability to which Craigslist is now exposed.

The first section begins by briefly discussing the various crimes which law enforcement officials allege have been facilitated by Craigslist. Next, first section considers …

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The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins May 2022

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

Journal of Technology Law & Policy

This Article will discuss the likely implications of complete, gavel-to-gavel audio and video trial court recordings on the appellate record; on standards of review including appellate review of evidentiary rulings and witness credibility; and on distinctions between appeals and collateral actions.

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Technology Law: What Is It—And What Should It Be?, Henry T. Greely, Mark M. Hernandez May 2022

Technology Law: What Is It—And What Should It Be?, Henry T. Greely, Mark M. Hernandez

Journal of Technology Law & Policy

No abstract provided.

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Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor May 2022

Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor

Journal of Technology Law & Policy

No abstract provided.

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Straightforward Information Sold Separately: Why Current Regulation Fails To Adequately Protect Children From Deceptive And Unfair Advertising, Keith A. Gorgos May 2022

Straightforward Information Sold Separately: Why Current Regulation Fails To Adequately Protect Children From Deceptive And Unfair Advertising, Keith A. Gorgos

Journal of Technology Law & Policy

This Article argues that while current regulation and enforcement may protect adults effectively, it fails to appropriately weigh the cognitive abilities of children. If the true mental perspectives of children are taken into account and incorporated into the FTC’s definitions of unfair and deceptive, various advertising tactics that are still used regularly in children’s advertising are potentially deceptive, misleading, or unfair to children in certain contexts. This Article argues that the use of imaginary cartoon characters, fantasy worlds, celebrity endorsements, special effects, extraneous footage and props, disclaimers that children do not understand, and the use of puffery—exaggerated, boastful statements that …

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The Failure Of Public Wifi, Eric M. Fraser May 2022

The Failure Of Public Wifi, Eric M. Fraser

Journal of Technology Law & Policy

Public WiFi was supposed to be the next big thing in connectivity. Residents were supposed to be able to connect to the Internet sitting anywhere such as on a park bench, on a couch, in an office, or in a car. Some municipalities would even offer this access for free. Local governments would install Internet-connected parking meters, high-speed Internet access in police squad cars and fire trucks, and paperless court systems. Low-income families would be able to connect to the Internet for the first time. Tourists, including conference attendees, would be able to connect to the Internet not just in …

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Patentability Of Computer Software And Business Methods Post Bilski: A New Hope, Matthew Ocksrider May 2022

Patentability Of Computer Software And Business Methods Post Bilski: A New Hope, Matthew Ocksrider

Journal of Technology Law & Policy

The first part of this Note examines the history of the various tests of patentability for business methods and computer software. Next, this Note examines the Bilski opinion and its progeny and how these opinions affect patentability of computer software and business methods. This Note will then compare the Bilski opinion with prior CAFC and SCOTUS precedent to highlight the changes Bilski caused. The last part of this Note introduces a new test of patentability for computer software and business methods. This test alleviates the shortcomings associated with the previous tests, which are made readily apparent by Bilski.

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The Evolution Of Gplv3 And Contributor Agreements In Open Source Software, George Finney May 2022

The Evolution Of Gplv3 And Contributor Agreements In Open Source Software, George Finney

Journal of Technology Law & Policy

No abstract provided.

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Double Trouble: Competing Federal And State Approaches To Regulating The New Technology Of Cloned Animal Foods, And Suggestions For The Future, B. George Walker May 2022

Double Trouble: Competing Federal And State Approaches To Regulating The New Technology Of Cloned Animal Foods, And Suggestions For The Future, B. George Walker

Journal of Technology Law & Policy

Several years ago, the FDA began examining whether or not eating cloned animal foods would be safe. They came to the conclusion that it would be safe, but ironically, in process of reaching this conclusion, the FDA study created so much rancor in the public that at least a dozen states and Congress introduced legislation to regulate cloned animal products by labeling cloned animal products. This Article argues that preemption of state legislation on this issue is preferable, but notes that there are a number of potential problems with the congressional legislation, particularly with regard to preemption of state regulation. …

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An Amended Doctrine That Will Silence The Nfl: The Demise Of The Existing Fair Use Doctrine As It Relates To Uses Of Digital Sports Entertainment Media, Michael E. Plantinga May 2022

An Amended Doctrine That Will Silence The Nfl: The Demise Of The Existing Fair Use Doctrine As It Relates To Uses Of Digital Sports Entertainment Media, Michael E. Plantinga

Journal of Technology Law & Policy

The existing fair use doctrine does not correspond with rapid advances in technology and information sharing. Part II of this Article will examine the background of the fair use doctrine. Part III will examine two leading Supreme Court decisions concerning the fair use doctrine: Sony Corporation of America v. Universal City Studios found fair use, while Harper & Row Publishers, Inc. v. Nation Enterprises did not. Part IV will examine the individual elements of the existing doctrine, and it will discuss why the doctrine does not harmonize with America’s growing technological society. Part V will discuss where the Ninth Circuit …

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Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe May 2022

Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe

Journal of Technology Law & Policy

No abstract provided.

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