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Full-Text Articles in Law
No Place To Hide, 24 J. Marshall J. Computer & Info. L. 35 (2005), Robert J. O'Harrow Jr.
No Place To Hide, 24 J. Marshall J. Computer & Info. L. 35 (2005), Robert J. O'Harrow Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Robert O’Harrow, Jr., a reporter on the financial and investigative team of the Washington Post, recipient of the 2003 Carnegie Melon and Cyber Security Reporting Award, and Pulitzer Prize finalist, lectures on topics from his recent book, No Place to Hide. He discusses how data mining began as a way for marketing companies to gain information about consumers and, as technology evolved, developed into a way for the government to monitor its citizens. O’Harrow contends that since the government is using private companies to collect this data, it skirts regulation and accountability for privacy infringements. After discussing the problems concerning …
The Failure Of The Rule Of Law In Cyberspace?: Reorienting The Normative Debate On Borders And Territorial Sovereignty, 24 J. Marshall J. Computer & Info. L. 1 (2005), H. Brian Holland
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this article is to suggest a different perspective on the issue of extraterritorial regulation in cyberspace. The article begins by outlining the Johnson-Post-Goldsmith debate which addressed the significance and legitimacy of physical, geographically-defined borders and territorial sovereignty in the regulation of cyberspace. The debate focused primarily on two areas of disagreement: First, whether and to what extent the architecture of the Internet is borderless or boundary-destroying, so as to be resistant to regulatory regimes grounded in territorial authority; and second, whether and to what extent a nation may legitimately exercise its regulatory power extraterritorially, particularly in the …
Do We Really Have No Place To Hide?, 24 J. Marshall J. Computer & Info. L. 57 (2005), Matthew Hector
Do We Really Have No Place To Hide?, 24 J. Marshall J. Computer & Info. L. 57 (2005), Matthew Hector
UIC John Marshall Journal of Information Technology & Privacy Law
This article is a book review of No Place to Hide, by Robert O’Harrow. The author begins his analysis of No Place to Hide by addressing concerns raised by O’Harrow regarding the balance between the private data aggregators like ChoicePoint and Acxiom and government investigators in reference to the goal of informational privacy policies. The author then goes into a detailed discussion of O’Harrow’s examination of the reasons for drafting the U.S. Patriot Act. Finally, the author discusses the central issue raised in No Place to Hide, and that is the unlimited ability to access certain information on the Internet …
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Law And Order In Cyberspace: A Case Study Of Cyberspace Governance In Hong Kong, 23 J. Marshall J. Computer & Info. L. 249 (2005), Kam C. Wong, Georgiana Wong
Law And Order In Cyberspace: A Case Study Of Cyberspace Governance In Hong Kong, 23 J. Marshall J. Computer & Info. L. 249 (2005), Kam C. Wong, Georgiana Wong
UIC John Marshall Journal of Information Technology & Privacy Law
Hong Kong, an international finance center, has been enjoying great benefits generated by computer-mediated communication ("CMC") in the new Information Age. On the other hand with the rapid and advanced development in technology, Hong Kong's economy is increasingly and irreversibly relying, and made dependent upon CMC and the Internet to operate, because the Internet has become a catalyst of reform and development in other arenas including social, cultural, and public policy. The Information Age raises new criminality concerns as it aggregates traditional criminal problems since great amounts of data are transmitted by and stored on computers is beyond imagination and …
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
UIC John Marshall Journal of Information Technology & Privacy Law
Millions of people download billions of music files over the Internet, using peer-to-peer ("P2P") services such as Grokster, StreamCast, Morpheus, and Kazaa. This practice has been challenged as violative of copyright and, it has been argued, the magnitude of copyright violations facilitated by P2P services justifies banning the services entirely. This argument has been based on the assumption that most transfers over P2P services violate copyright. The starting point for this discussion is the recent decision of the United States Supreme Court to grant the certiorari petition of Metro-Goldwyn-Mayer Studios et al. to review the Ninth Circuit decision in MGM …
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
UIC John Marshall Journal of Information Technology & Privacy Law
The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
UIC John Marshall Journal of Information Technology & Privacy Law
As with most innovations that have world-altering capabilities, the Internet is not without its very own dark side. This Internet's ugly side represented by are the thousands of Web sites devoted to the procurement and dissemination of pornographic material. Although, undoubtedly, in a free society, people are entitled to have access to such material if they so desire it is also generally accepted there is not only a great need, but an uncompromisable duty to protect minors from, and prevent access to, this potentially harmful imagery. This Comment discusses the several recent attempts made by Congress to regulate the accessibility …
Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence
UIC John Marshall Journal of Information Technology & Privacy Law
The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
Today a lot of private businesses have adopted the practice of driver's license swiping where proof of age or security issues arise. This practice has beneficial uses for both private entities, in identifying underage persons and those with fake identification, and law enforcement. However, the problem arise when the private sector, businesses are not using the information to merely identify underage customers or those with fake identification but store the information encoded on the barcode in a computer database. No federal laws and very few state laws regulate the collection and use of this information while the private sector is …
European Spectrum Management Principles, 23 J. Marshall J. Computer & Info. L. 277 (2005), Patrick S. Ryan
European Spectrum Management Principles, 23 J. Marshall J. Computer & Info. L. 277 (2005), Patrick S. Ryan
UIC John Marshall Journal of Information Technology & Privacy Law
Any discussion of European policies is a complicated one, in part because the word "Europe" means different things to different people. At the present time, the European Union has expanded to twenty-five countries and more countries may become provisional members within the next years. These countries represent a multitude of cultures, languages, and legal traditions so talking about a "European" approach to a given matter is to risk making inherently flawed generalizations about diverse peoples, cultures, and systems. However, one generalization is rather safe to assert: the traditional regulatory model in Europe has been based on a state-run monopoly structure …
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
UIC John Marshall Journal of Information Technology & Privacy Law
A lot of things have changed since the early memories of going into the voting booth, which at that time was the old mechanical machines, and pulled those levers down. It was taught that you have to vote because each vote was going to make a difference, each vote was going to be recorded and tallied. The voting which was done on Election Day, the way one voted was going to affect our democracy. Of course during that time there were also a lot of other things happening that ran counter to this ideal, stories including police intimidation especially in …
"Electronic Voting Rights And The Dmca: Another Blast From The Digital Pirates Or A Final Wake Up Call For Reform?", 23 J. Marshall J. Computer & Info. L. 533 (2005), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic voting machines are the new version of pirated music. Like digital music, electronic voting was designed to make voting rights easily available to the masses. However, technology has once again demonstrated how easy it is to circumvent a good idea through better “hacker” technology. In reality, any electronic voting software can be hacked no matter how good the encryption technology protecting it. The issue is not creating a fool-proof anti-circumvention system – an impossible task – but creating the necessary digital safeguards to make circumvention difficult, to make security breaches more readily detectable, and to provide back-up systems to …
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
UIC John Marshall Journal of Information Technology & Privacy Law
In early 2001, after the disastrous election of 2000, Florida decided to revamp its voting systems, as well as its elections laws, because it did not want another disaster. The “Electronic Voting Systems Act” (the “Act”), ostensibly modernized Florida’s outdated voting machines by authorizing the use of “electronic and electromechanical voting systems in which votes are registered electronically or are tabulated on automatic tabulating equipment or data processing equipment” prohibiting any apparatus or device “for the piercing of ballots by the voter”. Central to the recount process overhaul was the introduction in Florida of a whole new type of voting …
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
UIC John Marshall Journal of Information Technology & Privacy Law
In general Election Day of 2004 proceeded surprisingly smoothly and although some problems were reported, by and large they were best characterized as “no big and lots of littles.” In the end, the margins of victory in most races during the 2004 election exceeded the margin of litigation, meaning the trouble that arose in many states would most likely not have changed the outcome. In the immediate aftermath of Election Day, however, a closer look at experiences around the country revealed widespread problems that, while immaterial to the outcome of the election, nonetheless indicate that much remains to be done …
E-Voting: A Tale Of Lost Votes, 23 J. Marshall J. Computer & Info. L. 509 (2005), Lillie Coney
E-Voting: A Tale Of Lost Votes, 23 J. Marshall J. Computer & Info. L. 509 (2005), Lillie Coney
UIC John Marshall Journal of Information Technology & Privacy Law
In order for the United States to avoid another Constitutional crisis due to the failure of voting technology it must address the weaknesses of paperless direct recording electronic (“DRE”) voting machines. Many policymakers hold the belief that the Help America Vote Act (“HAVA”) would save the nation from the threat of another election-sponsored Constitutional crisis because it would, among other objectives, replace outdated voting machines with new electronic voting technology. This belief was disproved a number of times during the 2002 and 2004 primary and general election seasons. As it was revealed by the Carteret County, North Carolina November 2, …
Software Patents On Both Sides Of The Atlantic, 23 J. Marshall J. Computer & Info. L. 815 (2005), Jack George Abid
Software Patents On Both Sides Of The Atlantic, 23 J. Marshall J. Computer & Info. L. 815 (2005), Jack George Abid
UIC John Marshall Journal of Information Technology & Privacy Law
This comment addresses and analyzes the state of software patentability in the United States (“U.S.”) and European Union (“E.U.”). This comment discusses policies that drive changes and developments in patent law, the technical background of software, and the non-patent intellectual property protection for software. The comment further addresses the judicial precedent and the situation surrounding software patents in the U.S. and the legal situation in the E.U., including proposed changes in the Software Patent Directive. Finally, the article discusses common criticisms of current U.S. policies on software patentability by exposing the problems created by these policies and suggests corrective policies …
Distributed Security: Preventing Cybercrime, 23 J. Marshall J. Computer & Info. L. 659 (2005), Susan W. Brenner, Leo L. Clarke
Distributed Security: Preventing Cybercrime, 23 J. Marshall J. Computer & Info. L. 659 (2005), Susan W. Brenner, Leo L. Clarke
UIC John Marshall Journal of Information Technology & Privacy Law
This article focuses on the modern development of cybercrime and how the current law enforcement model is inadequate to prevent and enforce computer-mediated crime. Specifically the article argues that the nation-states can better control the problem of cybercrime by replacing the current law enforcement model with that of a system of “distributed” security that uses criminal sanctions to employ reasonable measures to prevent and the perpetration of cybercrime. The article begins by defining the terms “law enforcement”, “crime”, and “cybercrime” and then moves on to discuss how the current model of law enforcement, as it stands today, is inept to …
First Amendment Implications For E-Mail Threats: Are There Any Free Speech Protections?, 23 J. Marshall J. Computer & Info. L. 845 (2005), Joshua Azriel
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, Azriel explores how the First Amendment protects or does not provide protections to threatening e-mail communications. The article begins by examining seminal U.S. Supreme Court cases that dealt with threatening speech. The factors that provide the First Amendment protections are described, as well as the particular facts of each case and the Court’s findings. Azriel then looks at the Federal Threat Law and the factors that are enunciated in that legislation with regard to the protections afforded threatening communications, in addition to federal court cases that have interpreted the statute. The article then looks at several cases …
Lights, Camera, Action: Video Cameras As Tools Of Justice, 23 J. Marshall J. Computer & Info. L. 771 (2005), Matthew D. Thurlow
Lights, Camera, Action: Video Cameras As Tools Of Justice, 23 J. Marshall J. Computer & Info. L. 771 (2005), Matthew D. Thurlow
UIC John Marshall Journal of Information Technology & Privacy Law
In the continuing effort to convict only the guilty and free only the innocent increasing attention has focused on criminal confessions. Long a source of controversy, confessions are imperfect instruments with which to determine guilt or innocence. Police coerce confessions, and suspects under disabilities and without legal representation confess to crimes they did not commit. However, videotaping confessions and interrogations may be one way to improve the accuracy of this powerful piece of evidence. Whether used in interrogation rooms, during traffic stops, or as hand-held devices, video cameras have the potential to reduce the risks of wrongful convictions and, by …
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Legal Status Of Software, 23 J. Marshall J. Computer & Info. L. 711 (2005), Daniel B. Garrie
The Legal Status Of Software, 23 J. Marshall J. Computer & Info. L. 711 (2005), Daniel B. Garrie
UIC John Marshall Journal of Information Technology & Privacy Law
This article by cyberlaw specialist Daniel B. Garrie is intended to serve as a guide for judges to ensure that judicial decisions reflect an understanding of software’s multiple facets and its relation to the boundaries of the law. The article is designed to provide a high-level overview of software and then examine software in greater depth for specific legal areas likely to spawn legal disputes directly involving software. Included within the article are a brief overview of the current legal framework evolving with respect to software development (including an examination of the 2005 Supreme Court case Metro-Goldwyn-Mayer Studios, Inc. v. …
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.