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Full-Text Articles in Law
When Small Technology Is A Big Deal: Legal Issues Arising From Business Use Of Rfid, D. Zachary Hostetter
When Small Technology Is A Big Deal: Legal Issues Arising From Business Use Of Rfid, D. Zachary Hostetter
Washington Journal of Law, Technology & Arts
Radio Frequency Identification (“RFID”) is a wireless tracking technology. Goods fitted with radio tags can communicate with computers via radio waves, revolutionizing methods to locate and catalogue goods at every stage of the supply line. Current research predicts that 40% of all inventory intensive businesses will have such wireless tracking systems by the end of 2005. This article examines current legal trends that impact business use of RFID including contractual considerations to properly allocate risks attendant with implementation of RFID, FCC regulation of RFID, and consumer privacy concerns.
Defining Spyware: Necessary Or Dangerous, Andrew T. Braff
Defining Spyware: Necessary Or Dangerous, Andrew T. Braff
Washington Journal of Law, Technology & Arts
State legislation attempting to define and proscribe spyware has been criticized for either being under-inclusive or over-inclusive. This article provides an overview of the technology that is commonly considered spyware and examines the potential effects of attempting to legislatively define and curtail spyware as a specific technology. It concludes that a more appropriate method to regulate spyware would focus on prohibiting conduct associated with placing monitoring software on a computer and enforcing existing law regarding such conduct.
Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal And Civil Liability, And The Security Risks Of Wireless Networks, Anita Ramasastry, Jane Winn
Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal And Civil Liability, And The Security Risks Of Wireless Networks, Anita Ramasastry, Jane Winn
Washington Journal of Law, Technology & Arts
Wireless networking is growing in popularity because it is often cheaper and more convenient than other computer networking systems. Wireless networks, however, are also very hard to secure. Locating insecure wireless networks and advertising their locations is an activity known as “wardriving.” Exploiting the vulnerability of a wireless network to hack into the computer system or to monitor the wireless transmissions can give rise to liability under federal felony and misdemeanor statutes, as well as federal civil liability and liability under state law private causes of action. When introducing wireless networking into business information systems, system administrators should use all …
Computer Crime And Control In Hong Kong, Kam C. Wong
Computer Crime And Control In Hong Kong, Kam C. Wong
Washington International Law Journal
This Article is a first attempt to study cyberspace governance and computer crime control in Hong Kong. It begins with a discussion of how computer crime was "discovered" as a cognizable object of control. Next, it explores the nature, prevalence and distribution of computer crime in Hong Kong before embarking on a comprehensive review and critical analysis of the Hong Kong government's cyberspace governance philosophy and computer crime control policy. The Article closes with a number of recommendations for improving Hong Kong cyberspace governance, which focus on developing a broad, overarching policy that both meets the public's goals and addresses …
Tax Implications Of Using Out-Of-State Computer Servers, Paula K. Royalty
Tax Implications Of Using Out-Of-State Computer Servers, Paula K. Royalty
Washington Journal of Law, Technology & Arts
The majority of companies represented on the Internet rent third-party computer servers to host their web site and conduct ecommerce. Since the location of the server could be anywhere, states are losing sales and use tax revenue due to the increase in ecommerce from out-of-state companies. Hence, states are looking for ways to replace their lost revenue. In Quill Corp. v. North Dakota, the United States Supreme Court held that minimum contacts were no longer sufficient to establish nexus for purposes of local taxation, but instead required physical presence in the state. Renting electronic space in-state does not constitute …
When Invisible Electronic Ink Leaves Red Faces: Tactical, Legal And Ethical Consequences Of The Failure To Remove Metadata, Jembaa Cole
Washington Journal of Law, Technology & Arts
There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc. Every electronic document has an invisible set of identifying data, its metadata. This Article explores consequences of ignoring metadata and suggests effective ways to tame metadata.
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Washington Journal of Law, Technology & Arts
Will general business insurance cover liability for electronic data loss? A recent change to Commercial General Liability language specifies that data is not “tangible property” for CGL coverage. However, many companies may still be covered by older policies that do not contain this express exclusion. Case law interpreting the older policy language tends to deny coverage for the lost data itself, but successful claims have been made based on the loss of use of hardware caused by a data loss.