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Articles 1 - 30 of 207
Full-Text Articles in Law
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Faculty Scholarship
Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Ix, Tab 46 - Ex. 37 - Expert Report Of Dr. Kent D. Van Liere, Kent Van Liere
Vol. Ix, Tab 46 - Ex. 37 - Expert Report Of Dr. Kent D. Van Liere, Kent Van Liere
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Law Faculty Presentations and Testimony
Hoke's comments to the FCC on expanding civic participation in voting by expanded use of the Internet. Hoke recommends that the FCC not become involved in election regulatory issues concerning the Internet, but will support a different federal regulatory agency with national security and technical-cybersecurity expertise receiving primary jurisdiction over election cybersecurity.
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
Duke Law & Technology Review
The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as "patent hold-up." There are currently sweeping …
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Social Networking: A Conceptual Analysis Of A Data Controller, Rebecca Wong
Dr Rebecca Wong
This article updates a working party looking at the definition of a "data controller" under the Data Protection Directive 95/46/EC within the context of a social networking environment. In brief, the article considers twhether the phenomenom of social networking (through Facebook (FB), MySpace and Bebo) has produced unintended consequences in the interpretation and application of the Data Protection Directive 95/46/EC to the online environment. The Data Protection Directive 95/46/EC defines a "data controller" broadly to refer to the 'natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means …
The Evolution Of Copyright Law In The Arts, Kevin Liftig
The Evolution Of Copyright Law In The Arts, Kevin Liftig
Honors Scholar Theses
As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron
Faculty Scholarship
The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women’s home addresses alongside suggestions that they should be sexually assaulted and technological attacks that shut down blogs and websites. It impedes women’s full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women’s experience, deeming it harmless teasing that women should expect, and tolerate, given the Internet’s Wild West norms …
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Michigan Law Review
The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women's home addresses alongside suggestions that they are interested in anonymous sex, and technological attacks that shut down blogs and websites. It impedes women's full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women's experiences, deeming the harassment harmless teasing that women should expect, and tolerate, given the internet's Wild …
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
The Google Book Search Settlement And The View From The Public Interest World, Laura Quilter
Laura Quilter
No abstract provided.
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Michael Katz
The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Ip Policy Void In The 'Grand Climate Bargain', Matthew Rimmer
Matthew Rimmer
In September, Prime Minister Kevin Rudd emphasized the need for national and global action on climate change and called for “a grand bargain” between “the developed world and the developing world in order to reach an outcome for the planet earth as a whole”.No doubt, action on climate change will need new technology, which most likely will be predominately developed in a few, innovative countries. It is also clear, however, that if this ‘grand bargain’ is to be more than a wistful hope we need appropriate intellectual property rights in place for these new technological developments.The chairs of the Ad …
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Mik
Research Collection Yong Pung How School Of Law
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt
The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt
Duke Law & Technology Review
In recent months, different groups--pundits, politicians, and even an FCC Commissioner--have discussed resurrecting the now-defunct Fairness Doctrine and applying it to Internet communication. This iBrief responds to the novel application of the Doctrine to the Internet in three parts. First, this iBrief will review the history and legal rationale that supported the Fairness Doctrine, with a particular emphasis on emerging technologies. Second, this iBrief applies these legal arguments to the evolving structure of the Internet. Third, this iBrief will consider what we can learn about Net Neutrality through an analogy to the Fairness Doctrine. This iBrief concludes that, while the …
Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler
Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler
Security Studies & International Affairs - Daytona Beach
"What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard's Principle"--Overview
Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler
Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler
Applied Aviation Sciences - Daytona Beach
"What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard's Principle"--Overview
Civil Rights In The Cyber World, Danielle Citron
Civil Rights In The Cyber World, Danielle Citron
Danielle Keats Citron
No abstract provided.
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron
Danielle Keats Citron
The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …
Vol. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun
Vol. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
An Introduction To Jurisdictional Issues In Cyberspace, Dan Jerker B. Svantesson
An Introduction To Jurisdictional Issues In Cyberspace, Dan Jerker B. Svantesson
Dan Svantesson
Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to, any website that can be accessed from a computer located in its territory. The response would perhaps be outrage from some. Others would point to the ineffective nature of such a rule, and yet others would perhaps view the model as infeasible. Indeed, when the Advocate-General’s office of Minnesota in the mid 90’s issued a statement that: ‘[p]ersons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of …
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Duke Law & Technology Review
This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.
Vol. Ix, Tab 41 - Ex. 18 - Email From Baris Gultekin And Trademark Report (Google Product Manager Director), Baris Gultekin
Vol. Ix, Tab 41 - Ex. 18 - Email From Baris Gultekin And Trademark Report (Google Product Manager Director), Baris Gultekin
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Hack Your Blog (Lightning Talk), Laura Quilter
Hack Your Blog (Lightning Talk), Laura Quilter
Laura Quilter
A short 101-level lightning talk on "hacking your blog" for Software Freedom Day, Boston, 2009.
Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia
Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Media Futures: A Review Essay On 'The Future Of Reputation', 'Tv Futures', And 'The Future Of The Internet And How To Stop It', Prometheus, Vol. 27 (3), P. 267-279., Matthew Rimmer
Matthew Rimmer
This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores …
Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves
Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves
West Virginia Law Review
No abstract provided.
The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang
The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in …
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
A Submission On The Hawke Interim Report On The Environment Protection And Biodiversity Conservation Act 1999 (Cth), Sarah Holcombe, Matthew Rimmer, Terri Janke
Matthew Rimmer
There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There …
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
University of Michigan Journal of Law Reform
Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as …
Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer
Wikipedia, Collective Authorship, And The Politics Of Knowledge, Matthew Rimmer
Matthew Rimmer
This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. …