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Full-Text Articles in Law
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
Duke Law & Technology Review
New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. Most states have similar laws pertaining to pedophiles, but this is the first adult Internet luring statute. State measures to regulate the Internet, even in the context of criminal justice, will likely face constitutional challenge since the Internet has become such a critical vehicle for both protected speech and interstate commerce. Furthermore, while the use of the Internet in the commission of crimes against other …
The Dormant Commerce Clause And State Regulation Of The Internet: Are Laws Protecting Minors From Sexual Predators Constitutionally Different Than Those Protecting Minors From Sexually Explicit Materials?, Chin Pann
Duke Law & Technology Review
Several states have enacted statutes to protect minors from harmful or obscene materials disseminated over the Internet, as well as from pedophiles seeking to use the Internet to lure them into sexual conduct. State and federal courts have diverged in their analysis of the Dormant Commerce Clause's impact on state regulation in these areas. While state courts have held that the Dormant Commerce Clause does not invalidate state luring statutes, federal courts have been consistent in finding state dissemination statutes unconstitutional. This iBrief summarizes recent state and federal jurisprudence in this area and concludes that state courts have not been …
Plugging The “Phishing” Hole: Legislation Versus Technology, Robert Louis B. Stevenson
Plugging The “Phishing” Hole: Legislation Versus Technology, Robert Louis B. Stevenson
Duke Law & Technology Review
This iBrief analyzes the Anti-Phishing Act of 2005, legislation aimed at curbing the problem of "phishing." Phishing is the sending of fraudulent emails which appear to be from legitimate businesses and thereby fooling the recipients into divulging personal information such as credit card numbers. While this legislation may provide some assistance in the fight against phishing, it is limited by the global nature of the Internet and the ease with which phishers can hide and avoid judgments. This iBrief therefore concludes that although the Anti-Phishing Act can play a supporting role in the battle, technological solutions are the most effective …