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- Compliance technology; Corporate culture; Culture of compliance; Federal Sentencing Guidelines; Big data; Compliance monitoring and audits; Employee morale; Values based compliance; Command-and control approaches; Self-regulatory approaches; Financial regulation; Criminalized compliance; Corporate policing; Ethical misconduct (1)
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Articles 1 - 11 of 11
Full-Text Articles in Computer Law
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Darby Dickerson
No abstract provided.
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …
Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper
UIC John Marshall Journal of Information Technology & Privacy Law
This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …
Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
UIC John Marshall Journal of Information Technology & Privacy Law
Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels
What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels
Criminal Law Practitioner
No abstract provided.
Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha
Think Twice Before Posting Online: Criminalizing Threats Under 18 U.S.C. § 875(C) After Elonis, 50 J. Marshall L. Rev. 167 (2016), Georgette Geha
UIC Law Review
No abstract provided.
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Articles, Book Chapters, & Popular Press
Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …
A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act, Patricia L. Bellia
A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act, Patricia L. Bellia
Journal Articles
Thirty years ago, Congress passed the Computer Fraud and Abuse Act (CFAA) to combat the emerging problem of computer crime. The statute’s core prohibitions targeted one who “accesses” a computer “without authorization” or who “exceeds authorized access.” Over time, incremental statutory changes and large-scale technical changes have dramatically expanded the potential scope of the CFAA. The question of what constitutes unauthorized access has taken on far greater significance than it had thirty years ago, and courts remain deeply divided on this question. This Article explores the text, purpose, and history of the CFAA, as well as a range of normative …