Computer Law Commons^™

Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack

Richmond Journal of Law & Technology

E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.

Make Your Life Easier: Free Online Productivity Tools And Resources, Kincaid C. Brown

Law Librarian Scholarship

CiteGenie works primarily for caselaw and Internet resource research but is experimenting with the ability to add citations for statutes and regulations. CiteGenie provides a number of formatting options and allows you to choose citation rules for a particular state, use parallel citations, remove star-pagination marks from quoted texts, and personalize abbreviations. This tool is easy to use; when researching in Firefox, select CiteGenie from the right-click menu and a pop-up displays the copied text and citation to be pasted.

Virtual Child Pornography Laws And The Constraints Imposed By The First Amendment, Paula Bird

Barry Law Review

This article seeks to navigate through the complexities involved with the uncertain future of virtual child pornography laws. First, this article sets forth a brief history of the legislative actions and court rulings regarding unprotected speech and virtual child pornography, and discusses the current standing of child pornography laws. Entailed in this discussion will be a vigorous inspection of the current statutes and how they simultaneously affect law enforcement, prosecutors, and defendants. Finally, the potential future of laws regarding virtual child pornography is analyzed, including addressing the issues of how the application and interpretation of the laws are changing and …

Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron

Richmond Journal of Law & Technology

In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …

Novel Neutrality Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny , Jeffrey Jarosch

Cleveland State Law Review

This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (“API”). These investigations represent a new attempt to shift the network neutrality …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2010–2011 academic year. The Journal strives to find interesting and contemporary topics that bisect technology and the law, and publish authors who provide in-depth and practical analysis of these topics to the legal community and beyond. To that end, this year’s Annual Survey is devoted exclusively to the topic of electronic discovery. In the two years since the Journal last published on this important issue, the availability of electronic information has increased exponentially, courts have continued to struggle with the 2006 Amendments to …

To Reveal Or Conceal?—An Isp’S Dilemma, Presenting A New “Anonymous Public Concern Test” For Evaluating Isp Subpoenas In Online Defamation Suits, Cayce Myers

LLM Theses and Essays

This article proposes a new test called the “Anonymous Public Concern Test” which incorporates public concern analysis in enforcing Internet Service Provider [ISP] subpoenas in online defamation suits. Anonymous speech is an important aspect of First Amendment rights that warrants protection. Current tests used by courts to analyze whether to enforce ISP subpoenas are either too pro-plaintiff or too pro-defendant. The article’s proposed “Anonymous Public Concern Test” is the best approach in dealing with ISP subpoenas because it protects both anonymous speeches and preserves online defamation plaintiffs’ rights.

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

Faculty Scholarship

In a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered "the most significant breach of U.S. military computers ever" when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command's classified and unclassified computer systems. Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy "to defend the United States in the digital age."

To what extent is …

Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George

Faculty Scholarship

This Essay offers critical reflections on the role of social media in social change and outlines how the obligation of corporations in the information communications technology sector to avoid complicity in rights violations may evolve over time. Part I explores the Internet's potential to further democratic discourse and inclusion or foster discrimination and exclusion. It also queries whether the Internet industry has an obligation to protect against hate propaganda. Part II examines whether other industry sectors can also be said to have special obligations based on the human rights consequences of their conduct. Part III explains the nature of the …

The Admissibility Of Electronic Business Records, Ken Chasse

Canadian Journal of Law and Technology

The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …

Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton

Canadian Journal of Law and Technology

In 2008, the online advertising industry was found to be worth 27 billion dollars, a figure that was projected to double over the subsequent four years.1 The reason for this extraordinary market growth can be explained by two factors. To begin with, current technology now makes it possible to gather a great variety of information associated with a particular device or individual, including browsing history, which can be used to create a profile specific to that device or individual. This practice facilitates more personalized advertising, tailored to the interests and tastes of the consumer. Secondly, many online services, in the …

Interpreting Copyright Law And Internet Facts, Cameron Hutchison

Canadian Journal of Law and Technology

This paper probes interpretation issues elicited by the impact of digital technologies and the Internet on copyright law. The purpose of the paper is to instill a coherent framework for analyzing copyright law when it encounters Internet or digital facts. In part one, I propose a methodology of statutory interpretation that helps suitably adapt statutory language to technological developments. In essence it is this: courts should examine the language of the operative provision in its statutory context and in light of its purpose. A contextual interpretation of a broadly conceived rule can reveal a legislative intention that certain kinds of …

Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque

Canadian Journal of Law and Technology

In the first part of our analysis, we will examine the impact which pharmacogenomics is expected to have on drug research and development, on the drug approval process and on post-marketing surveillance and clinical practice. This will allow us to show how pharmacogenomic testing could be beneficial to drug companies, regulatory bodies, and patients. The second part of our analysis will focus on the regulatory framework applicable to the approval of pharmacoge- nomic tests in Canada, although we are aware of the fact that most manufacturers decide to approve their tests outside of Canada. As mentioned, the applicable regu- lations …

The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke

Canadian Journal of Law and Technology

This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is …

Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist

Canadian Journal of Law and Technology

This essay is an expanded version of my submission to the digital economy consultation. It opens with general issues such as digital policy leadership, cost issues, and emphasizes the need for a principle-based strategy that embraces the benefits associated with “open,” whether open access, open spectrum or open data. It then provides specific recommendations on a wide range of issues including tele- communications policy, privacy, and copyright.

Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman

Legislation and Policy Brief

In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …

Electronic Communications Privacy Act And The Revolution In Cloud Computing : Hearing Before The Subcomm. On The Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 111th Cong., Sept. 23, 2010 (Statement By Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center), Marc J. Zwillinger

Testimony Before Congress

ECPA has functioned fairly well during its first 20 years in striking the right balance between law enforcement needs and the privacy expectation of U.S. citizens. But when it was initially passed in 1986, Congress recognized that the “law must advance with the technology to ensure the continued vitality of the fourth amendment.” Based on my experience as an ECPA practitioner for the past 13 years, I believe the time is ripe for another advancement. I hope you will consider these perspectives in crafting legislation that balances law enforcement needs and user privacy in a manner that reflects the reality …

Canada's Current Position With Respect To Sound Marks Registration: A Need For Change?, Marie-Jeanne Provost

Canadian Journal of Law and Technology

This paper analyses and criticizes Canada’s position on sound marks registration in order to recommend the ways in which Canadian policy-makers could further act in order to advance this area of law. The first part of this paper exposes the fundamental concepts of trade-marks as they are necessary to the comprehension of the problems surrounding the registration of sound marks. In the second part, legal considerations associated with the registration of sound marks are discussed. More specifically, the visual requirement, the issue of “use,” the concept of distinctiveness and the question of overlap with copyright are assessed. In the third …

Canadian Personal Data Protection Legislation And Electronic Health Records: Transfers Of Personal Health Information In It Outsourcing Agreements, Dara Lambie

Canadian Journal of Law and Technology

Personal data protection and privacy of personal health information in the electronic era is a broad topic that includes consent, security measures and access considerations. The focus of this article is on one component of the larger picture: data transfers of personal health information that occur in the context of informa- tion technology (“IT”) outsourcing. If the societal good envisioned by an inter-jurisdictional EHR is to be fully realized, then the necessity of outsourcing is a reality that must be addressed.

Inadequate: The Apec Privacy Framework & Article 25 Of The European Data Protection Directive, Stuart Hargreaves

Canadian Journal of Law and Technology

The EU and APEC approaches represent two different ways of thinking about the purpose of privacy rights in personal information (a.k.a. “informational privacy” or “data privacy”). The European approach sees integrity and control over information about oneself as inherent to human dignity; informational privacy is treated as a fundamental right subject only to limited restrictions. In contrast, the approach evinced by APEC is a market-oriented cost/benefit calculus; control over personal information is seen as a beneficial policy goal when it can increase consumer confi- dence and promote economic growth — the implication being that it can also more easily give …

Book Review - Intellectual Property Rights And The Life Science Industries: Past, Present, And Future, Chidi Oguamanam

Canadian Journal of Law and Technology

Our so-called post-industrial society is one whose axial feature is the interac- tion between computer-driven digital and life science-driven bio-technologies. The primary legal mechanism that undergirds the allocation of rights in this new infor- mation-centred epoch is intellectual property. Perhaps only a few industrial sectors have benefitted more from the dynamics of that interaction than the pharmaceutical industry. Perhaps also, only a few industrial sectors have fully appreciated and opti- mally exploited the power of intellectual property than that sector. How did that happen? How has it continued to unfold, and what does the future hold for the continued co-evolution …

La Cyberintimidation: Analyse Juridique, Karen D. Levin

Canadian Journal of Law and Technology

Dans ce mémoire va être traitée une analyse juridique de la cyberintimidation. Dans une première partie, nous tenterons de définir le terme « cyberintimidation » et les enjeux qui s’y rattachent. En deuxième lieu, nous examinerons la motivation qui mène à la cyberintimidation, ainsi que la manière dans laquelle l’acte se produit. Troisièmement, nous évaluerons les provisions du droit criminel fédéral, des droits de la personne, et du droit des délits civils afin de déterminer l’efficacité de notre système juridique à détourner la cyberintimidation. Finalement, nous trancherons la question de réforme qui se propose au Canada, la comparant aux réformes …

Phishing: Legal And Regulatory Challenges, Wan Emril Nizam Wan Embong

Student Works (2010-2019)

Phishing scheme is a new emerging security issue of computer crime or e-commerce crime in globalization. In this paper, the legal framework of Malaysia, United States of America, United Kingdom and Singapore are analyzed and followed by discussion on critical issues that rose due to phishing activities, inter alia, the threat and magnitude of problem, techniques and variants of phishing. The paper also emphasized on the factor why phishing succeed due to human factor and technical subterfuge. The result revealed that inadequacy of current legal framework is the main challenge to govern this epidemic. However, lack of awareness among consumers, …

Elawyering And The Future Of Legal Work, Richard Granat, Blair Janis, Stephanie Kimbro, Marc Lauritsen

Continuing Legal Education (CLE) Lecture Series

eLawyering is doing legal work – not just marketing it – over the Web. Pioneering practitioners have found dramatic new ways to communicate and collaborate with clients and other lawyers, produce documents, settle disputes, interact with courts, and manage legal knowledge. There are exciting initiatives underway now that deserve attention by all lawyers – present and future. The legal profession is being disrupted from without and from within. To be successful in the coming era, lawyers will need to know how to practice over the Web, manage client relationships in cyberspace, and offer “unbundled” services. This program discusses the knowledge …

Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano

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. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano

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. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien

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. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, 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?