Law Commons^™

An Uphill Battle: The Difficulty Of Deterring And Detecting Perpetrators Of Internet Stock Fraud, Byron D. Hittle

Federal Communications Law Journal

This Note argues that because of the limited resources of the SEC, the demanding requirements to prove misrepresentation, the current lack of cooperation between federal and state securities regulators, and a perverse admiration for fraud masterminds, illegal stock price manipulators will continue to profit from unsuspecting investors. Various measures to curb Internet fraud, however, are currently being pondered by industry experts. Among the most effective and realistic are, in order: increasing investor education and awareness, increasing the SEC's "firepower," increasing penalties and jail time for offenders, furthering coordination of federal and state efforts, and creating a "seal of approval" for …

Does Internet Gambling Strengthen The U.S. Economy? Don't Bet On It, Ryan D. Hammer

Federal Communications Law Journal

Commercial gambling in the United States is a mammoth industry. In the past few decades, the United States developed from a country with few gambling options to one permitting some form of legalized gambling in almost every state. Presently, a new wave of technology affects this industry. Legislators and regulators must deal with the phenomenon of Internet gambling. This Note asserts that Internet gambling must be curbed to lessen its negative impact on the American economy. Many state and local governments are dependent on tax revenues associated with traditional forms of gambling. Internet gambling not only deprives the economy of …

Enhanced 911 Technology And Privacy Concerns: How Has The Balance Changed Since September 11?, Aaron Futch, Christine Soares

Duke Law & Technology Review

E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11.

Freedom Of Speech And True Threats, Jennifer E. Rothman

All Faculty Scholarship

This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.

Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.

The law surrounding threats has gained recent …

The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti

Duke Law & Technology Review

Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.

Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch

Duke Law & Technology Review

The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.

Are Domain Names Property? The Sex.Com Controversy, Christine Soares

Duke Law & Technology Review

Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be "yes". Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name "sex.com" has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation.

Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland

Washington and Lee Law Review

No abstract provided.

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.

The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares

Duke Law & Technology Review

On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.

U.S. Export Controls On Technology Transfers, Matthew Crane

Duke Law & Technology Review

Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies.

The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy

Graduate Program in International Studies Theses & Dissertations

Problem: Rapid dissemination of Internet technology and the free access to information it affords poses a threat to non-democratic states that rely on control of information to maintain power and stability. This is of substantial concern to the Communist regime in The People's Republic of China due to the fact that its repressed population constitutes the fastest growing body of Internet users in the world.

Methods: This paper examines the potential impact of the Internet on Chinese foreign and domestic policy through interpretation of existing literature as it applies to the Internet, interviews with experts studying the emergence of China's …

Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti

Duke Law & Technology Review

Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove.

Freelance Articles And Electronic Databases: Who Owns The Copyrights?, Christine Soares

Duke Law & Technology Review

There has long been uncertainty as to who owns the rights to digital reproductions of freelance articles. The Supreme Court has recently affirmed that copyrights for the digital reproduction of freelance articles belong to freelance authors, rather than the periodical and electronic media publishers who included the articles in electronic databases. However, in answering this question others, such as the preservation of the historical record and future dealings with freelance writers remain to be answered. The author discusses the recent Supreme Court ruling and offers answers to questions created by it.

International Liability In Cyberspace, Matthew Crane

Duke Law & Technology Review

Activities in cyberspace often expose companies to "cybertorts", a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure.

Poking Along In The Fast Lane On The Information Super Highway: Territorial-Based Jurisprudence In A Technological World, Brian E. Daughdrill

Mercer Law Review

When Icarus slipped the surly bonds of Earth for the boundless expanses of heaven, he suffered the limitation of wings made of wax. Every school child knows the story of how, enamored with the power and freedom of soaring with the gods, Icarus flew closer and closer to the sun until its heat melted the wax and he fell into the sea.' Though he had transcended the territorial boundaries of Earth, he was limited by the man-created materials with which he escaped.

Today, Icarian adventurers slipping the bonds of a world defined by territories and countries via their departure into …

The Complexities Of On-Line Mutual Fund Advertising: A Summary Of The Relevant Regulations, Corey Ciocchetti

Duke Law & Technology Review

As the investment marketplace advances with current technology, paper-based advertising has quickly been supplemented by on-line advertising. Interestingly, both the Securities Exchange Commission and the National Association of Securities Dealers are treating this new medium similarly to the old-fashioned paper-based medium. This iBrief discusses and summarizes the current regulations surrounding one emerging form of on-line advertising - that of mutual funds. This discussion is intended to form a solid foundation from which an interested party may delve further into this emerging area of e-commerce.

E-Commerce And Equivalence: Defining The Proper Scope Of Internet Patents--Foreword, Sanjay Prasad, James T. Carmichael

Michigan Telecommunications & Technology Law Review

The diverse expression of views provided in the following papers provides a rich foundation for consideration of the issues surrounding the scope of Internet-type patents. On behalf of the Symposium writers and sponsors we invite you to continue consideration of the legal rules and policy implications surrounding this interesting and important subject.

The Emergence Of Website Privacy Norms, Steven A. Hetcher

Michigan Telecommunications & Technology Law Review

Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Michigan Telecommunications & Technology Law Review

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …

Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley

Michigan Telecommunications & Technology Law Review

This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …

Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont

Michigan Telecommunications & Technology Law Review

The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.

Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta

Michigan Telecommunications & Technology Law Review

Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …

Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper

West Virginia Law Review

No abstract provided.

E-Health: The Medical Frontier--Preface, Brian J. Caveney

West Virginia Law Review

No abstract provided.

Health Care, Technology And Federalism, Kevin Outterson

West Virginia Law Review

No abstract provided.

Cybermedicine And Virtual Pharmacies, Ronald L. Scott

West Virginia Law Review

No abstract provided.

Going, Going, Gone...The Opportunities And Legal Pitfalls Of Online Surgical Auctions, Brian J. Caveney

West Virginia Law Review

No abstract provided.

The Taming Of E-Health: Asserting U.S. Juridiction Over Foreign And Domestic Websites, Melissa K. Cantrell

West Virginia Law Review

No abstract provided.

Software Disclosure And Liability Under The Securities Acts, Carl C. Carl

Duke Law & Technology Review

Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company's business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus.