Computer Law Commons^™

Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray

Richmond Journal of Law & Technology

After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …

Compelled Production Of Encrypted Data, John E.D. Larkin

Vanderbilt Journal of Entertainment & Technology Law

There is a myth that shadowy and powerful government agencies can crack the encryption software that criminals use to protect computers filled with child pornography and stolen credit card numbers. The reality is that cheap or free encryption programs can place protected data beyond law enforcement's reach. If courts seriously mean to protect the victims of Internet crime--all too often children--then Congress must adopt a legal mechanism to remedy the technological deficiency.

To date, police and prosecutors have relied on subpoenas to either compel defendants to produce their password, or to decipher their protected data. This technique has been met …

The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff

Canadian Journal of Law and Technology

This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …

Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs

Canadian Journal of Law and Technology

Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …

Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie

Canadian Journal of Law and Technology

The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …

Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney

Articles, Book Chapters, & Popular Press

With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …

Respectful And Responsible Relationships: There’S No App For That (The Report Of The Nova Scotia Task Force On Bullying And Cyberbullying), A. Wayne Mackay

Reports & Public Policy Documents

Chairing this Task Force and producing this report has been both the most engaging and exhausting project that I have ever undertaken. Since my appointment in late May 2011, I have lived and breathed in the world of bullying and cyberbullying. I am sure my fellow Task Force members and members of the Working Group did the same. Born in the wake of tragic teen suicides it was easy for the members of the Task Force to be motivated. Indeed, few ventures have stirred my passions as much as this exercise has.

Bullying is a major social issue throughout the …

In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles

Canadian Journal of Law and Technology

In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better …

Book Review: William F. Patry, How To Fix Copyright, Graham Reynolds

Canadian Journal of Law and Technology

In How to Fix Copyright, William F. Patry, one of America’s leading experts on copyright, calls for a “top-to-bottom, systemic overhaul” of copyright laws. For a Canadian readership in the midst of our own process of copyright reform, such a call to action is both timely and relevant.

Chain-Link Confidentiality, Woodrow Hartzog

Georgia Law Review

Disclosing personal information online often feels like
losing control over one's data forever; but it does not have
to be that way. This Essay proposes a "chain-link
confidentiality" approach to protecting online privacy.
One of the most difficult challenges to guarding privacy in
the digital age is the protection of information once it is
exposed to other people. A chain-link confidentiality
regime would link the disclosure of personal information
to obligations to protect that information as the
information moves downstream. It would focus on the
relationships not only between the discloser of information
and the initial recipient but also between …

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh

Faculty Scholarship

Patent infringement litigation has not only increased dramatically in frequency over the past few decades,¹ but also has also seen striking growth in both stakes and cost.² Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,³ many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.⁴ Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …

Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin

Mission and Ministry Publications

This article examines Ombuds Standards of Practice as Ombuds increasingly rely upon electronic communication. It first explores the expansion of electronically stored information (ESI) due to the many different electronic devices Ombuds rely upon or interact with including computers, smartphones, and printers. It then reviews how novel legal issues caused by e-discovery--the search for relevant digital documents in litigation--will impact Ombuds. Finally, it offers Ombuds suggestions on managing and controlling ESI while raising the question of whether the International Ombudsman Association must review its Standards of Practice in light of these ESI developments.

The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the Def Con 19 Conference in Las Vegas, Nevada on August 7, 2011. The presentation discussed what the law has (or does not have) to say about evasion of geolocation or "cybertravel" -- acts by which a user makes geolocation tools believe that he is physically located somewhere other than where he is located.

Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt

Legislation and Policy Brief

Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus.  Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class.  Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different.  Jane notices that many people are staring, pointing, and snickering at her.  Is there something on her face?  She quickly pulls out her compact and realizes that all makeup is …

Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer

Seattle University Law Review

Gambling enthusiasts in Washington may be dismayed to learn that while it is legal to place a wager at one of the numerous brick-and-mortar casinos located in the state, placing the same wager over the Internet is a crime. This result arises from a 2006 amendment to Washington Revised Code 9.46.240 (the Gambling Act), which effectively bans individuals from placing bets or wagers over the Internet from Washington. In addition to prohibiting bets made by individuals, the law also prohibits Internet gambling businesses from receiving bets placed by individuals in Washington—even if those gambling businesses operate far from the state’s …

Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky

Canadian Journal of Law and Technology

This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …

Overcoming The Digital Tsunami In E-Discovery: Is Visual Analysis The Answer?, Victoria L. Lemieux, Jason R. Baron

Canadian Journal of Law and Technology

New technologies are generating potentially discoverable evidence in electronic form in ever increasing volumes. As a result, traditional techniques of document search and retrieval in pursuit of electronic discovery in litigation are becoming less viable. One potential new technological solution to the e-discovery search and retrieval challenge is Visual Analysis (VA). VA is a technology that combines the computational power of the computer with graphical representations of large datasets to enable interactive analytic capabilities. This article provides an overview of VA technology and how it is being applied in the analysis of e-mail and other electronic documents in the field …

The Internet And Protection Of Children Online: Time For Change, Jill Scott

Canadian Journal of Law and Technology

This article explores the risks for children online and their privacy, with particular focus on the implications of widespread collection, use and retention of data about them. It touches on international standards and national laws that impact Internet activities and the special risk to children’s privacy in today’s ubiquitous computing environment. This is a complex topic that transcends national boundaries and involves both legal and policy issues confronting governments across the world.

Section I provides a brief outline of the online risks for children arising from the scope of data collection and the regulatory challenges of the Internet as it …

Direct-To-Consumer Advertising Of Pharmaceuticals On Television: A Charter Challenge, Elvina C. Chow

Canadian Journal of Law and Technology

The Supreme Court of Canada has consistently wrestled with the conflict between legislation designed to protect consumers’ health and the constitutional guarantee of the fundamental freedom of expression. This paper investigates the justification for the current regulatory framework for pharmaceutical advertising on television. Aware that the provisions in the FDA are able to withstand Charter of Rights and Freedoms (Charter) scrutiny, several possible policy initiations are nevertheless proposed.

The paper is divided into five separate sections. Having first introduced DTCA of pharmaceuticals on television in Section I, I will now turn to a more comprehensive examination of DTCA in Canada …

L'Impact D'Internet Sur Les Paradigmes De La Régulation De L'Audiovisuel, Gilles De Saint Exupéry

Canadian Journal of Law and Technology

Nous nous intéresserons particulièrement à la mutation du paradigme de la régulation de l’audiovisuel classique13 dû à plusieurs facteurs: pour être diffuseur sur les ondes hertzienne il fallait être titulaire d’une licence accordé par l’Etat, sur Internet tout le monde peut l’être à sa guise. Les moyens techniques et financiers ne sont plus une barrière à l’ entrée, le nombre de joueurs qui e ́ tait jusque-là restreint devient, en théorie, incalculable. Le mécanisme de responsabilité mis en place est remis en cause, par la dilution des frontières, l’anonymat, ou l’insolvabilité des diffuseurs. Les modèles d’affaires doivent être revus, le …

Electronic Discovery- Sedona Canada Is Inadequate On Records Management - Here's Sedona Canada In Amended Form, Ken Chasse

Canadian Journal of Law and Technology

A paper record can exist without its records system; an electronic record cannot. To use, corrupt, or destroy a paper record, one needs physical access to the records system wherein it is stored. But to use, corrupt, or destroy an electronic record one merely needs electronic access to its records system, from anywhere. Therefore any set of rules or principles for controlling the use of electronic records for any purpose, including electronic discovery, should incorporate the established policies and practices of electronic records management.

As to cost, rules of electronic discovery are needed with which to punish par- ties with …

Lessons From Bilski, Haewon Chung

Canadian Journal of Law and Technology

In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian …

Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke

Canadian Journal of Law and Technology

Methods of medical treatment are not patentable in Canada. This means that inventions involving the performance of surgery, administration of medicine, or extraction of fluids or tissue for diagnostic tests cannot directly be protected under the current patent regime. However, this prohibition is not an absolute ban. Many medical innovations are patentable, including surgical tools and devices, drugs and other chemical compounds, medical “uses”, diagnostic assays and methods of treat- ing “natural” conditions. The practical reality is that the distinction between what is and what is not patentable is poorly defined. This uncertainty presents a steep challenge for inventors and …

Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis

Canadian Journal of Law and Technology

This paper focuses on taxation issues faced by non-resident e-commerce companies with no sustained presence in Canada apart from a web site. The tax liability of foreign corporations with a Canadian subsidiary, a physical Canadian office, or Canadian-based employees or agents will not be considered, even though there is substantial overlap in some of the relevant issues. By e-commerce companies we refer broadly to any firms conducting their primary business — whether business- to-business (B2B) or business-to-consumer (B2C) — by means of the internet.

In the first section we outline the framework for Canada’s taxation of non-residents conducting business in …

Location-Based Services And Privacy, Teresa Scassa, Anca Sattler

Canadian Journal of Law and Technology

In this paper we begin by describing location-based services, their evolution and their future directions. We then outline privacy issues raised by such services. In Part III we consider how current Canadian data protection laws apply to location-based services, and indicate where such laws fall short of addressing the full range of issues raised by location-based services. Part IV of the paper explores some technological methods to address the privacy challenges raised by location-based services. The paper concludes with a series of recommendations.

Tanggung Jawab Hukum Penyelenggara Sistem Elektronik (Law Responsibility Of The Electronic System Providers), Abdul Salam

Indonesia Law Review

Reviewing Edmon Makarim’s book which is about Law Responsibility of the Electronic System Providers, remind us that easiness and availability of electronic system in electronic transaction in private or public happen because the role of electronic system providers. Behind the important and central role, there is big responsibility for electronic system providers. But because of wide of definition of provision of electronic system and so many people who involve in electronic system providers, there is a question in our mind, how is the shape of responsibility of the electronic system providers if the electronic system which is held is broken …

Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries

Faculty Law Review Articles

The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that …

Jurisprudence For A Digital Age: Free Software And The Need For A New Media Legal Authority, Nicholas Clark

University of the District of Columbia Law Review

No abstract provided.

Revising The Analysis Of Personal Jurisdiction To Accommodate Internet-Based Personal Contacts, Matthew L. Perdoni

University of the District of Columbia Law Review

From online banking, to cyber-shopping, to the growth of social-networking websites, the Internet is a medium for human interaction as much as it is a part of modern commerce and business, and now encompasses nearly every facet of American life. By all indications, use will become more widespread and complex over time. The Internet now facilitates the modern functional equivalent of human interaction, and provides worldwide access to users with the mere click of a button. For these reasons, examining the role of the Internet in the law is critical. Particularly, it is necessary to consider whether and to what …

Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders

Federal Communications Law Journal

In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …