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Full-Text Articles in Law

Letter From The Editor, Paul A. Fritzinger Jan 2002

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Welcome to Volume VIII, Issue 3, The Richmond Journal of Law & Technology's final issue of the 2001-2002 academic year. In this issue, the Journal breaks from tradition for the second time this year and presents its readers with a unique reading experience. Because we received a wealth of outstanding student submissions, we decided to dedicate this installment of the Journal to those students we feel have presented us with particularly outstanding and insightful pieces. We hope you will enjoy them as much as we did.


Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett Jan 2002

Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett

Richmond Journal of Law & Technology

Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …


The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota Jan 2002

The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota

Richmond Journal of Law & Technology

The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.


The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell Jan 2002

The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell

Richmond Journal of Law & Technology

On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.


Letter From The Editor, John Joseph Meadows Jan 2002

Letter From The Editor, John Joseph Meadows

Richmond Journal of Law & Technology

Welcome, readers, to the ninth year of publication at the Richmond Journal of Law and Technology. The entire Journal Editorial Board and Staff are pleased to report that our inundation with submissions since last Spring has permitted us to be quite choosy in selecting articles for this Issue and we hope you will enjoy them and find them to be insightful and current.


In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy Jan 2002

In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy

Richmond Journal of Law & Technology

Imagine that you wake up one morning, turn on your computer, and open an e-mail message with a catchy phrase in the subject line. Immediately after opening the e-mail’s attachment, your personal computer is severely damaged. Obviously having a bad day, you head to your job as an attorney for a multinational corporation. By the time you arrive at work, there has been damage to company computers across the globe. The monetary costs of the damage, coupled with the downtime, are astronomical. The CEO of your company is furious. You hope to diffuse the situation by informing your boss that …


Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh Jan 2002

Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh

Richmond Journal of Law & Technology

"You have an instant message from Naturalbornkiller2000. Would you like to accept it?" A similar message to this one flashes on computers throughout the United States and the world, inviting computer users to "chat" or "IM" with friends, family and perfect strangers alike. While the opportunity to engage in real-time conversation over the Internet provides an interesting and often less expensive way to keep in touch with friends or to meet new people, instant messages and other Internet communications increasingly appear as a means for adults to interact inappropriately with young children. The use of Internet communication for the solicitation …


Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade Jan 2002

Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade

Richmond Journal of Law & Technology

Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.


Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan Jan 2002

Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan

Richmond Journal of Law & Technology

In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …


The Legal Implications Of Online Universities, Elizabeth D. Kaiser Jan 2002

The Legal Implications Of Online Universities, Elizabeth D. Kaiser

Richmond Journal of Law & Technology

Aspiring screen writers, novelists and photographers need not look any further than the closest computer and Internet connection to learn tools of the trade from experts in the entertainment field. Through the Online Extension Program at the University of California, Los Angeles, a student can learn television script writing from a Hollywood professional and earn a UCLA diploma from a desktop computer as far away as Omaha, Nebraska.