Law Commons^™

Fbi's Carnivore: Under The Fourth Amendment And The Usa Patriot Act, Scott Griner

Oklahoma Journal of Law and Technology

No abstract provided.

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Journal of Intellectual Property Law

No abstract provided.

How Much Spam Can Can-Spam Can?: Evaluating The Effectiveness Of The Can-Spam Act In The Wake Of White Buffalo Ventures V. University Of Texas, Fay Katayama

Touro Law Review

No abstract provided.

Your Digital Footprint Left Behind At Death: An Illustration Of Technology Leaving The Law Behind, Sandi S. Varnado

Louisiana Law Review

The article discusses legal issues regarding digital accounts, files, and information after death, focusing on U.S. law. Topics include estate administration, common digital items such as photographs, e-mail, social media accounts, and financial digital items, and online service providers (OSPs). Other topics include terms of service (TOS), the emotional value of digital assets for the decedent's survivors, and creating an inventory of political assets.

What Happens To Our Facebook Accounts When We Die?: Probate Versus Policy And The Fate Of Social-Media Assets Postmortem, Kristina Sherry

Pepperdine Law Review

More than 580,000 Facebook users in the U.S. will die this year, raising numerous legal questions as to the disposition of their Facebook pages and similar “digital assets” left in a state of legal limbo. While access to and ownership of decedents’ email accounts has been philosophized for nearly a decade, this Comment focuses on the additional legal uncertainties posed by “digital death” in the more amorphous realm of “social media.” Part II explores the implications of digital death by conceptualizing digital assets and surveying the underlying legal principles of contractual policies, probate, property, and privacy concerns. Part III surveys …

Managing The Impact Of New Media On The Employment Relationship, Susan A. O'Sullivan-Gavin, John H. Shannon

The Journal of Business, Entrepreneurship & the Law

Attention to privacy issues in the workplace has increased over the past two decades as use of electronic mail and text messages has made these means of communication commonplace. Beyond text messages and emails, employees can access the internet at their place of employment at many different entry points. This access can be through company issued desktops or laptops, mobile phones, mobile internet devices (MIDs), Smartphone technology (photography; video and voice recording capabilities; file transfer and storage), off-site internet connections, Wi-Fi access or hot spots. Employees can access and/or post information on various sites including blogs, wikis, RSS feeds, instant …

The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox

Catholic University Law Review

No abstract provided.

Privacy And Confidentiality In The Age Of E-Medicine, Keith A. Bauer

Journal of Health Care Law and Policy

No abstract provided.

State Government—The Arkansas Freedom Of Information Act—Houston We Have A Problem: A Coach And A Comptroller Illustrate The Repercussions Of Releasing Electronic Information Through The Arkansas Freedom Of Information Act, Alexander Justiss

University of Arkansas at Little Rock Law Review

FOIA provides a necessary oversight by which Arkansans can monitor the actions of those within the government. FOIA ensures that its purpose may not be thwarted by prohibiting the transfer, withdrawal, or destruction of documents in an attempt to prevent their release to the public. The executive, legislative, and judicial branches of the government are subject to the FOIA. FOIA statutorily exempts certain public records that would otherwise be accessible to Arkansans. Additionally, the Arkansas Constitution provides numerous safeguards to protect the privacy rights of individuals.

Issues arise with electronic communication under FOIA so various judicial and Attorney General opinions …

Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino

Northern Illinois University Law Review

E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.

The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …

Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer

Richmond Journal of Law & Technology

Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …

When The Postman Beeps Twice: The Admissibility Of Electronic Mail Under The Business Records Exception Of The Federal Rules Of Evidence, Anthony J. Dreyer

Fordham Law Review

No abstract provided.

Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker

Fordham Urban Law Journal

In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …