Law Commons^™

Panel Ii: Blockchain Regulation And Criminal Law, 34 Uic J. Marshall J. Priv. & Tech. L. 31 (2019), Justin Steffen, Michele Korver, Elaine Wyder-Harshman, Michael Baumert, Emily Hayes

UIC John Marshall Journal of Information Technology & Privacy Law

The most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel discusses current and potential regulatory issues facing blockchain technology, including ICOs and securities regulation, prevention of blockchain use in criminal activities, the uncertain tax landscape, and the unique challenges of regulating a global borderless technology.

Panel Iii: Practicing Blockchain Law, 34 Uic J. Marshall J. Priv. & Tech. L. 52 (2019), Peter Nadimi, Samuel Korver, Zach Smolinski, Lauren Steinhaeuser, Corey Bieber

UIC John Marshall Journal of Information Technology & Privacy Law

The most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel discusses why it is important for lawyers to take an interest in this area, and more importantly, how lawyers of all experience levels can get involved in the blockchain space. The panel will share diverse experiences and insights from those on the ground who do blockchain legal work.

Panel I: Blockchain And The Law, 34 Uic J. Marshall J. Priv. & Tech. L. 1 (2019), Carla Reyes, Nelson Rosario, Rachel Cannon, Richard Tall

UIC John Marshall Journal of Information Technology & Privacy Law

The most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel provides an overview of blockchain technology, including current and potential applications, and discusses how blockchain intersects with various sectors of the law. The panelists define this new technology, identify potential legal challenges ahead, and explain how new and seasoned attorneys can engage in this emerging area.

Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall

UIC John Marshall Journal of Information Technology & Privacy Law

Social media is about sharing information. If you are a parent, often the tendency is to relate every aspect of your children’s lives. Most of the time, children do not consent to postings about them and will have a permanent digital shadow created by their parents that follows them the rest of their lives. The purpose of this article is to analyze the current status and potential future of children’s online privacy from a comparative legal approach, highlighting recent case law in the United Kingdom, which is trending toward carving out special privacy rights for children. This contrasts with the …

Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla Mckinnon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Ignorance Of Technology A Pass For Violating Child Pornography Laws? – What’S The Cache?, 33 J. Marshall J. Info. Tech. & Privacy L. 47 (2017), Angela Lewosz

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explains how the cache works, discusses computer forensic examinations, and provides a history of child pornography laws. It next explores how the courts have interpreted the changing pornography laws with advances in technology. It then specifically assesses the different approaches the courts take when reconciling the mens rea (the mental element) of knowledge in accordance with possession. Finally, this comment analyzes the strengths and flaws in the courts’ arguments and suggests a proposal for how the courts should deal with the cache in relation to the criminalization of possession within the federal child pornography laws.

Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden

UIC John Marshall Journal of Information Technology & Privacy Law

Thanks to the advancements in technology and valor of citizens, the public is finally able to understand the true severity of police brutality within the United States. The following considerations aim to address the lack of accountability and transparency of police brutality in the United States today. Part III will show how advancements in technology brings police brutality to the forefront of our nation’s issues by creating an informed society. Part IV will describe how individual states control the use of private cameras and cell phones of citizens to capture occurrences of police brutality. States do this by employing anti-wiretapping …

Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green

UIC John Marshall Journal of Information Technology & Privacy Law

Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …

Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …

The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren

UIC John Marshall Journal of Information Technology & Privacy Law

In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …

How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta

UIC John Marshall Journal of Information Technology & Privacy Law

Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …

Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport

UIC John Marshall Journal of Information Technology & Privacy Law

A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …

Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet

UIC John Marshall Journal of Information Technology & Privacy Law

This paper will explain the current state regarding the integration of commercial and recreational drones into the United States’ airspace with general aviation, as well as identify whether drones and general aviation incidents are common or are likely to occur. This paper will also analyze proposed regulations by the Federal Aviation Administration and any drawbacks that come along with them, as well as other proposed solutions to the current problem with integration of drones. Additionally, this paper will propose a solution which incorporates the use of current aviation technologies to solve the drone integration problem: mandating commercial drone operators to …

The Presumption Of Injury: Giving Data Breach Victims "A Leg To Stand On," 32 J. Marshall J. Info. Tech. & Privacy L. 301 (2016), Corey Varma

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Debatable Premises In Telecom Policy, 31 J. Marshall J. Info. Tech. & Privacy L. 453 (2015), Justin (Gus) Hurwitz, Roslyn Layton

UIC John Marshall Journal of Information Technology & Privacy Law

The five premises that this paper considers are:

1. Everyone needs low-cost access to high speed broadband service

2. High-speed broadband is necessary for education, health, government, and other social services

3. Wireless can‟t compete with cable

4. An open Internet is necessary for innovation and necessarily benefits consumers

5. Telecommunications are better somewhere else.

The Law And 3d Printing, 31 J. Marshall J. Info. Tech. & Privacy L. 505 (2015), Jasper Tran

UIC John Marshall Journal of Information Technology & Privacy Law

Recent years have seen extraordinary growth in the amount of legal scholarship and practice at the intersection of law and 3D printing. To help navigate this emerging field of 3D printing law, I created the accompanying Law and 3D Printing Bibliography. The published bibliography presented herein contains over 100 entries. The brief introductory comments to the published piece discuss the creation and contents of the bibliography, and provide suggestions for where one should begin their research in the area. The comments focus on (1) 3D printing‘s background, (2) historical growth pattern of law and 3D printing scholarship, (3) identification of …

Legal Problems In Data Management: It & Privacy At The Forefront: Opening Remarks, 31 J. Marshall J. Info. Tech. & Privacy L. 521 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters

UIC John Marshall Journal of Information Technology & Privacy Law

Numerous states have adopted laws mandating the protection and disposal of personal information. Under those laws, businesses are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Although the definition of “personal information” varies from state to state, “personal information” is generally defined as an individual’s first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or …

Legal Problems In Data Management: It & Privacy At The Forefront: Dual-Use Devices In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 527 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: “Big Data”: Ownership, Copyright, And Protection, 31 J. Marshall J. Info. Tech. & Privacy L. 565 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Drafting And Implementing Effective Social Media Policies In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 549 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Ethics Of Big Data Analytics And The Importance Of Disclosure, 31 J. Marshall J. Info. Tech. & Privacy L. 641 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.