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Articles 1 - 11 of 11
Full-Text Articles in Law
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
Richmond Journal of Law & Technology
In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
Richmond Journal of Law & Technology
The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Richmond Journal of Law & Technology
Rivaled only by lawyers, those who earn their livelihood by practicing medicine are viewed by many as America's Public Enemy No. 1. This perception is due to the rising cost of medicine, the over-scheduling of patients, and the poor bedside manner that many people associate with a trip to the doctor's office. However, the advent of the Internet and its proliferation into schools, offices, and homes has placed medical opinions only a mouse click away. Websites, such as cyberdocs.com, allow patients to type in a description of their ailments and receive diagnoses and treatment advice from an on-line medical professional …
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Over the last few years, the problems attendant to software licensing regulation have occupied an important position in the minds of legislators at the federal, state and local levels. In the early nineties, the National Conference of Commissioners for Uniform State Laws (NCCUSL) recognized the potential for licensing problems presented by the use of computer software in the national arena as well as on the Internet and saw a clear need for regulations that would transcend state boundaries. In 1999, as a result of years of planning and careful drafting, NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA) in …
Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni
Richmond Journal of Law & Technology
Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …
Letter From The Editor, Dharmesh Vashee
Letter From The Editor, Dharmesh Vashee
Richmond Journal of Law & Technology
Welcome to the fourth and final issue of The Richmond Journal of Law & Technology's seventh volume! As we close the year, I am proud to report that, in 2000-01, The Journal has experienced unprecedented growth and increased recognition. Our articles are now read by over 33,000 people in 70 countries around the world. Over the past year, our articles have also been cited in a number of cases and used in university classrooms. Further, our CLE symposium, held on March 2, 2001, was a tremendous success, drawing 90 practitioners from across the state.
Jay Cohen's Brave New World: The Liability Of Offshore Operators Of Licensed Internet Casinos For Breach Of United States' Anti-Gambling Laws, Adrian Goss
Richmond Journal of Law & Technology
On February 28, 2000, Jay Cohen, co-owner of an Antiguan-based Internet casino called World Sports Exchange, was convicted by a U.S. District Court jury in Manhattan of breaching the Wire Communications Act of 1961 (hereinafter Wire Act). A New York federal judge subsequently fined Cohen $5,000 and sentenced him to serve a twenty-one month jail term. A few days prior to his conviction, Cohen's lawyer stated that "Jay strongly believes that he did not commit a crime, that he ran [World Sports Exchange] in a completely legitimate manner."
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
Richmond Journal of Law & Technology
Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Welcome to Volume 8, Issue 2 of the Journal. In this issue, the authors address three very diverse topics of national and international significance: the liability of internet service providers for copyright infringement, the taxation of e-commerce, and the applicability of the fair use doctrine to instant messaging software. Each of these topics deals with issues that can, and ultimately will, have widespread effects on the use and growth of the Internet.
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
Richmond Journal of Law & Technology
The explosive growth of electronic commerce has served as a catalyst for immense economic growth. Virtually every aspect of traditional commerce now has some presence on the Internet. As such, the way people shop for clothing, cars, airline tickets, and even groceries, has been changed forever. However, these developments may also have drawbacks. As more and more traditional brick-and-mortar stores transfer their operations to the Internet, there are many unintended consequences. The traditional infrastructure of retail stores may slowly begin to erode. Similarly, jobs in the retail industry may be eliminated in favor of more efficient, more cost-effective Internet technology.
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Richmond Journal of Law & Technology
Imagine: you are preparing your fifteen-year high school reunion. When you were in high school, two rival bands played at dances. Everyone at school knew the bands and most students enjoyed the music. Like most music groups, neither band obtained a recording contract with a record label. You are not aware that during a garage practice session, the bands' members recorded some of their songs. Of these songs, only a few scratchy recordings remain. You decide that you are going to search the Internet to see whether you can find any copies of the songs that would enthuse and delight …