Computer Law | Open Access Articles | Digital Commons Network™

Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman

Seattle University Law Review

This Comment will first survey the law of cybersmear, illustrating the paradigmatic issues and legal theories employed. Then, it will discuss the free speech issues and theoretical bases argued in court and legal journals, paying special attention to the shortcomings in current protection of defendant anonymity. Next, it will examine the value of online anonymity and the protections that the Strategic Lawsuit Against Public Participation (SLAPP) theory offers. Finally, given the breakdown in the public and private space dichotomy, this Comment will argue for a new understanding of the SLAPP constitutional protections in cyberspace. This understanding will recognize the powerful …

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Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman

UIC Law Review

No abstract provided.

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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 …

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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 …

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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 …

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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.

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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.

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Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon

Canadian Journal of Law and Technology

By our very nature, humans are creatures that communicate and network. Over the past several decades much of this communicating and networking has been facilitated by developments in information and communication technology. The social and economic transformations resulting from developments on the Internet have created several challenges for policymakers, lawmakers, courts and a wide range of other kinds of institutions. Some of these challenges are associated with the technologies and applications themselves. Other challenges result from content made available on the Internet and how users exchange data. Recent developments in peer-to-peer data exchange bring these two sets of challenges together.

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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.

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Laman Web Undang-Undang Siber, Abd.Manan Tajul Arifin

Student Works (2000-2009)

Kertas kerja yang dihasilkan ini memberikan penerangan yang lengkap mengenai pembinaan dan pembangunan sebuah laman web yang dinamakan laman web undang-undang siber. Laman ini merupakan laman web yang pertama yang akan membentangkan secara terperinci mengenai Undang-undang Siber. Projek yang dibangunkan ini adalah untuk memberi pendedahan dan menyampaikan mak.lumat terperinci kepada pengguna internet mengenai undang-undang siber di Malaysia. Laman web ini mempunyai pengenalan dan objektif pembangunan laman web, Aleta Tandatangan Digital, Akta Hak Cipta, Akta Teleperubatan, Akta Jenayah Komputer dan Akta Komunikasi clan Multimedia. Laman ini juga mempunyai menu pentadbir untuk menjadikan laman ini sebuah laman web dinamik. Pembangunan laman web …

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Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg

Faculty Scholarship

The relationship of copyright to new technologies that exploit copyrighted works is often perceived to pit copyright against progress. Historically, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement. However, when owners seek instead to participate in and be paid for the new modes of exploitation, the courts, and Congress, appear more favorable to copyright control over that new market. Today, the courts and Congress regard the unlicensed distribution of works over the Internet as impairing copyright owners' ability to avail …

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Climbing The Walls Of Your Electronic Cage, Steven Hetcher

Michigan Law Review

Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …

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Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell

UIC John Marshall Journal of Information Technology & Privacy Law

Pornography and privacy share a subtle relationship in internet law and policy. Legislation attempting to restrict online speech considered indecent or harmful to minors is subject to exacting scrutiny. Legislation that regulates online speech thought to be harmful to its readers because of privacy concerns should be subjected to the same level of scrutiny. The availability of self-help remedies should govern the scope of legislation affecting online privacy and the alternatives offered by digital self-help solutions makes state regulation constitutionally suspect and functionally inferior. Self-help can be more effective than legislation in protecting online privacy. Cookie management software, use of …

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2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter

UIC John Marshall Journal of Information Technology & Privacy Law

The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.

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In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …

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Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik

UIC John Marshall Journal of Information Technology & Privacy Law

A recent scandal erupted in the press when a painting that was offered for sale on an Internet auction site was believed to be a lost contemporary masterpiece. The seller appeared to be a married man who was cleaning junk out of his garage, including a painting that his wife would not let him hang in the house. A bidding frenzy drove the price from the opening bid of 25 cents to more than $135,000 from a buyer in the Netherlands. After the sale was finished (it was ended by EBay when they learned he bid on the painting himself …

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Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation …

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Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein

UIC John Marshall Journal of Information Technology & Privacy Law

This article probes into the liabilities that service providers may incur on the internet. Liabilities such as copyright infringement , pornography, and defamation are common sources of liability on the Internet. The author begins by discussing the different types of copyright infringement. These include direct infringement, contributory infringement, and vicarious liability. In response to these different types of infringements, Congress and the President signed the Digital Millennium Copyright Act, DMCA. The author next investigates the issue of pornography on the Internet by giving a case history of the development of obscene pornography. This section of the article is concluded with …

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Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.

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Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky

UIC John Marshall Journal of Information Technology & Privacy Law

This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …

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The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen

UIC John Marshall Journal of Information Technology & Privacy Law

With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …

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Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor

UIC John Marshall Journal of Information Technology & Privacy Law

This article compares the need of individuals for privacy and the U.S. government's desire for encryption regulation. The impact that CESA on cyberspace security and crime are fully discussed. Furthermore, a brief background on the advantages and disadvantages of encryption are investigated. A history of legislative effort to provide decryption tools are examined and outlined. Next, the comment provides an analysis of CESA, its legal implications and issues involving its effectiveness are discussed. A solution proposed by the author to redraft and amend CESA provides individuals with privacy protection.

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The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo

UIC John Marshall Journal of Information Technology & Privacy Law

Before 1994, the average Internet user received little unsolicited commercial email, or "spam." But that all changed in April 1994, when enterprising Arizona lawyers Laurence Canter and Martha Siegel sent spam advertising their immigration law "services" to approximately 8,000 Usenet newsgroups reaching approximately 20 million people. It inspired irate Usenet users to flame Canter and Siegel in such great volume that the attorneys' ISP's computer crashed. The computer overloads Canter and Siegel's stunt caused also completely knocked out New Zealand's Internet access. But the ads must have worked because despite the fallout, Cander and Siegel persisted in their spam ad …

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Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …

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Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …

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Full-Text Articles in Computer Law

Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman

Seattle University Law Review

Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman

UIC Law Review

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

United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon

Richmond Journal of Law & Technology

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon

Canadian Journal of Law and Technology

State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner

Richmond Journal of Law & Technology

Laman Web Undang-Undang Siber, Abd.Manan Tajul Arifin

Student Works (2000-2009)

Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg

Faculty Scholarship

Climbing The Walls Of Your Electronic Cage, Steven Hetcher

Michigan Law Review

Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell

UIC John Marshall Journal of Information Technology & Privacy Law

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan

UIC John Marshall Journal of Information Technology & Privacy Law

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb

UIC John Marshall Journal of Information Technology & Privacy Law

The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter

UIC John Marshall Journal of Information Technology & Privacy Law

In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik

UIC John Marshall Journal of Information Technology & Privacy Law

Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman

UIC John Marshall Journal of Information Technology & Privacy Law

Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein

UIC John Marshall Journal of Information Technology & Privacy Law

Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig

UIC John Marshall Journal of Information Technology & Privacy Law

Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky

UIC John Marshall Journal of Information Technology & Privacy Law

The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen

UIC John Marshall Journal of Information Technology & Privacy Law

Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor

UIC John Marshall Journal of Information Technology & Privacy Law

The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo

UIC John Marshall Journal of Information Technology & Privacy Law

Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear

UIC John Marshall Journal of Information Technology & Privacy Law