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Internet Law

1996

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Articles 1 - 30 of 74

Full-Text Articles in Law

International Harmonization In Electronic Commerce And Electronic Data Interchange: A Proposed First Step Toward Signing On The Digital Dotted Line , Randy V. Sabett Dec 1996

International Harmonization In Electronic Commerce And Electronic Data Interchange: A Proposed First Step Toward Signing On The Digital Dotted Line , Randy V. Sabett

American University Law Review

No abstract provided.


The Impact Of The Internet On The Development Of Law, Peter W. Martin Dec 1996

The Impact Of The Internet On The Development Of Law, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.


Technology Update: Attorneys' Use Of Computers In The Nation's 500 Largest Law Firms, Rosemary Shiels Dec 1996

Technology Update: Attorneys' Use Of Computers In The Nation's 500 Largest Law Firms, Rosemary Shiels

American University Law Review

No abstract provided.


The Development And Practice Of Law In The Age Of The Internet, Nabil R. Adam, Mark H. Hellmann, Peter Martin, James B. Altman, Ethan Katsh, Cantwell F. Muckenfuss, Clifford L. Brody, Eleanor Kerlow, Daniel Nyhart, Thomas R. Bruce, Jon E. Klemens, Ira H. Parker, Mary J. Culnan, John M. Kuttler, Ronald Plesser, Robert Gellman, Ronald D. Lee, Randy V. Sabett, Claudio Grossman, Rosemary Shiels Dec 1996

The Development And Practice Of Law In The Age Of The Internet, Nabil R. Adam, Mark H. Hellmann, Peter Martin, James B. Altman, Ethan Katsh, Cantwell F. Muckenfuss, Clifford L. Brody, Eleanor Kerlow, Daniel Nyhart, Thomas R. Bruce, Jon E. Klemens, Ira H. Parker, Mary J. Culnan, John M. Kuttler, Ronald Plesser, Robert Gellman, Ronald D. Lee, Randy V. Sabett, Claudio Grossman, Rosemary Shiels

American University Law Review

No abstract provided.


The Communications Decency Act, Jim Exon Nov 1996

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.


Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.


The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon Nov 1996

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.


Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason Oct 1996

Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason

Indiana Law Journal

No abstract provided.


Copyright Law And Electronic Access To Information, Jessica D. Litman Oct 1996

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …


Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell Jun 1996

Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell

Federal Communications Law Journal

The increase in technology gives rise to an interesting discussion on whether the way lawyers approach the law will change. This question is analyzed with Professor Katsh's premise that the increase in the use of computers and networks will ultimately change the manner in which lawyers accumulate and use information. The Reviewer defends the role of lawyers as being more than just "information providers;" lawyers are guardians of a distinguished service as well. The Reviewer declares that what lawyers do cannot be oversimplified by computers and networks. Nevertheless, the Reviewer emphasizes that Law in a Digital World does provide insight …


The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson May 1996

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World


Computer Media For The Legal Profession, Eugene Volokh May 1996

Computer Media For The Legal Profession, Eugene Volokh

Michigan Law Review

A Review of communication media.


The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli Apr 1996

The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli

Indiana Law Journal

No abstract provided.


Law And The Internet: What Are The Dangers Of Putting The World At Your Fingertips?, I. Trotter Hardy Mar 1996

Law And The Internet: What Are The Dangers Of Putting The World At Your Fingertips?, I. Trotter Hardy

Popular Media

No abstract provided.


Mapping The Information Superhighway, Henry H. Perritt Jr. Mar 1996

Mapping The Information Superhighway, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt Jr. Mar 1996

Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Jurisdiction In Cyberspace, Henry H. Perritt Jr. Mar 1996

Jurisdiction In Cyberspace, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Property And Innovation In The Global Information Infrastructure, Henry H. Perritt Jr. Mar 1996

Property And Innovation In The Global Information Infrastructure, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson Jan 1996

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …


Changing Technologies And The Expectation Of Privacy: A Modern Dilemma, Michelle Skatoff Gee Jan 1996

Changing Technologies And The Expectation Of Privacy: A Modern Dilemma, Michelle Skatoff Gee

Loyola University Chicago Law Journal

No abstract provided.


Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow Jan 1996

Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed Jan 1996

A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed

UIC John Marshall Journal of Information Technology & Privacy Law

The ways that a computer and the human brain process information are immensely similar. The legal issues that arise from similar information processors must be addressed. In addition to purporting the similarities between the computer as the information processor and the human mind as the information processor, attorneys need to stay current with developments in computer technology. New insights in the computer industry can shatter the current legal infrastructure used to solve today's computer law issues. Attorneys must constantly reexamine the rules that pertain to information as well. The practicing attorney should be aware that these new legal developments need …


The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger Jan 1996

The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger

UIC John Marshall Journal of Information Technology & Privacy Law

To fully understand the future of the computer and the computer's role in society, one must understand where the computer originated. The history of the computer is traced from the beginning of binary numeration to the life of John V. Atanasoff, the inventor of the computer. Several developments in technology are responsible for the transformation of computers into the high tech efficient and affordable technology. In review, four generations of computers exist. Atanasoff's first model and the derivatives from his work are the first generation computers. The development of the transistor by Bell Laboratories in the late 1940's led to …


Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer Jan 1996

Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet presents many opportunities for the user to purchase merchandise using a credit card or bank card. However, until planned security measures for the Internet are proven to be effective, a question is raised: Who will pay for the loss if a criminal diverts the bank card data used by a consumer over the Internet? Two federal statutes generally prevent banks and credit card associations from charging consumers for losses incurred by fraudulent use of bank cards. The 1970 amendment to the Federal Consumer Protection Act (FCPA) and the Electronic Funds Transfer Act of 1978 (EFTA) contain provisions that …


Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon Jan 1996

Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …


1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney Jan 1996

1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney

UIC John Marshall Journal of Information Technology & Privacy Law

Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, …


It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson Jan 1996

It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson

UIC John Marshall Journal of Information Technology & Privacy Law

The age of the Internet has allowed users of all ages to access an infinite number of subjects. However, some of those Internet sites may consist of subjects that may not be suitable for children under eighteen based on the content of those sites. The content may include sexually explicit and violent text and images. In 1996, the Communications Decency Act (hereinafter CDA) was created to help protect children from "obscene" or "indecent" subject matter by imposing criminal liability for violations. However, the American Civil Liberties Union has obtained a preliminary injunction against enforcing the CDA because of the potentially …


The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long Jan 1996

The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …


Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer Jan 1996

Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer

UIC John Marshall Journal of Information Technology & Privacy Law

In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but …


Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin Jan 1996

Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.