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Full-Text Articles in Computer Law

Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr. Jan 1997

Right On The Mark: Defining The Nexus Between Trademarks And Internet Domain Names, 15 J. Marshall J. Computer & Info. L. 277 (1997), G. Peter Albert Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is a rapidly expanding global network. The Internet provides a virtual marketplace in which many small companies are given the opportunity to have increased leverage to compete with their larger corporate counterparts. Businesses are establishing their presence on the Internet through the creation of a domain name. The domain name is an alphanumeric address that identifies a specific location on the Internet. Each domain name reflects a distinct address that distinguishes it from any other. Similarly, qualification of a word or symbol as a trademark must include the following three elements: (1) "function" to identify and distinguish the …


A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins Jan 1997

A Request To The High Court: Don't Let The Patent Laws Be Distracted By A Flashy Trade Dress, 15 J. Marshall J. Computer & Info. L. 323 (1997), Manotti L. Jenkins

UIC John Marshall Journal of Information Technology & Privacy Law

The United States Court of Appeals for the Tenth Circuit, in Vornado Air Circulation Systems Inc. v. Duracraft Corp., held in the negative the issue of "whether a product configuration is entitled to trade dress protection when it is or has been a significant inventive component of an invention covered by a utility patent." The court viewed the case involved as an issue of the "intersection of the Patent Act and the Lanham Trade-Mark Act," and reasoned that "patent policy dictates" that the Patent Act should prevail in these situations. The United States Supreme Court denied certiorari upon appeal by …


The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall Jan 1997

The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall

UIC John Marshall Journal of Information Technology & Privacy Law

Two major doctrines exist for choosing which state's law applies to an interstate tort: the "lex loci deliciti" (the law of the place of the wrong) approach and the "most significant relationship" approach. In the context of the Internet, the "lex loci deliciti" approach has been criticized for its harshness. For example, it is possible for an e-mail posting to be non-actionable where written, but actionable where read. Likewise, the "most significant relationship" approach has been criticized for its indeterminacy and lack of predictability because the outcome as to the extent of liability for a publication tort on the Internet …


Keeping Business Out Of The Bedroom: Protecting Personal Privacy Interests From The Retail World, 15 J. Marshall J. Computer & Info. L. 391 (1997), David J. Klein Jan 1997

Keeping Business Out Of The Bedroom: Protecting Personal Privacy Interests From The Retail World, 15 J. Marshall J. Computer & Info. L. 391 (1997), David J. Klein

UIC John Marshall Journal of Information Technology & Privacy Law

The federal government as well as private companies maintain personality profile lists containing records of personal information touching on many aspects of an individual's life. Some companies seek to acquire these lists from the federal government or from other businesses in order to increase their profits by targeting those individuals within the lists who appear most likely to buy their products or services. Therefore, personal information that consumers initially disclosed to a business in confidence becomes public knowledge shared among other businesses. As a result, consumers feel that the list creator invaded their privacy. Frustrated consumers attempt to keep such …


Foreword: The Cyberspace Scramble: Domain Names, 15 J. Marshall J. Computer & Info. L. 411 (1997), Stephen E. Marshall Jan 1997

Foreword: The Cyberspace Scramble: Domain Names, 15 J. Marshall J. Computer & Info. L. 411 (1997), Stephen E. Marshall

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante Jan 1997

Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante

UIC John Marshall Journal of Information Technology & Privacy Law

Most people surf the Internet with little concern for who makes decisions regarding Internet administrative matters and who has the authority to make those decisions. Initially, as the Internet evolved out of a project sponsored by the U.S. Department of Defense in 1969, many "founder groups," such as the Internet Assigned Numbers Authority, formed under the auspices of the federal government to administer the network's development. While these groups continue to function today as the main decision-making bodies over all aspects of the Internet's governance, several newer organizations, such as the Internet Society, have taken an important role in the …


Remedies In Domain Name Lawsuits: How Is A Domain Name Like A Cow?, 15 J. Marshall J. Computer & Info. L. 437 (1997), Carl Oppedahl Jan 1997

Remedies In Domain Name Lawsuits: How Is A Domain Name Like A Cow?, 15 J. Marshall J. Computer & Info. L. 437 (1997), Carl Oppedahl

UIC John Marshall Journal of Information Technology & Privacy Law

A court sitting in equity should take five factors into consideration when determining whether a domain name address should be transferred. First, the court must ask whether the trademark is coined, not in the dictionary and unique. It is important to note that famous does not mean unique. Uniqueness helps a court to simplify the issue by focusing the issue to whether only one company is entitled to the address. This question requires a party seeking a remedy to conduct a search of the entire Internet using search engines, on-line trademark databases, and company name searches. The court should only …


A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy Jan 1997

A Primer On Trademark Law And Internet Addresses, 15 J. Marshall J. Computer & Info. L. 465 (1997), David J. Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

The conflicts arising over Internet addresses generally fall within four categories: trademarks as second-level domains; second-level domains that are similar to trademarks; trademarks as third-level domain/machine names; and trademarks as userIDs. When confronted with the four categories, a court will generally analyze the problem by looking at the likelihood of confusion, applying the dilution statutes, and determining if the trademark has been blurred or tarnished. The likelihood of confusion analysis looks at: the degree of similarity between the marks in appearance and suggestion; the similarity of the product or services; the area and manner of concurrent use; the degree of …


An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould Jan 1997

An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould

UIC John Marshall Journal of Information Technology & Privacy Law

The United Kingdom's system for assigning domain names is privately run and follows some Internet standard for assignments and revocations. However, there are some internal restrictions that reflect the policy of accommodating existing domains and avoiding DNS lock up, which might occur with badly configured domain name servers. Nominet does not easily fit into definitions of a private function since it does have some public characteristics. In addition, no British counterpart to the Internet Service OC exists. The policies followed by Nominet in allocating domain names reflects conventions established prior to its existence. These policies do not appear to take …


Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash Jan 1997

Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash

UIC John Marshall Journal of Information Technology & Privacy Law

Organizations that want to conduct business on the Internet have to register with Network Solutions, Inc. (NSI). The Internet was created as a network designed by the Defense Department to test a fail safe network. The National Science Foundation connects to the Internet five supercomputing centers, which connects most public colleges to the Internet. The World Wide Web was the first service that was opened to individuals and for commercial use. Commercial success on the Internet depends on the ease with which consumers can find the organization on-line. If the company has established good will in the public, the company …


The Federal Government Giveth And Taketh Away: How Nsi's Domain Name Dispute Policy (Revision 02) Usurps A Domain Name Owner's Fifth Amendment Procedural Due Process, 15 J. Marshall J. Computer & Info. L. 547 (1997), Steven A. Mcauley Jan 1997

The Federal Government Giveth And Taketh Away: How Nsi's Domain Name Dispute Policy (Revision 02) Usurps A Domain Name Owner's Fifth Amendment Procedural Due Process, 15 J. Marshall J. Computer & Info. L. 547 (1997), Steven A. Mcauley

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet, which links millions of computer networks together worldwide for the purpose of automated communication, is the forefront of communications technology. An Internet domain name, which functions as a computer user's "address" on the Internet, not only identifies individuals and organizations, but is an important commercial source designator for businesses. The Internet Network Information Center ("InterNIC") is a central resource center for Internet users that operates the Internet Domain Name System ("DNS"). InterNIC, which comprises NSI and AT&T, performs various Internet services, including NSI's Internet domain name coordination and registration. Along with the positive effects that the Internet has …


1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin Jan 1997

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray Jan 1997

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell Jan 1997

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Federal Trade Commission's Commitment To On-Line Consumer Protection, 15 J. Marshall J. Computer & Info. L. 679 (1997), Roscoe B. Starek Iii, Lynda M. Rozelle Jan 1997

The Federal Trade Commission's Commitment To On-Line Consumer Protection, 15 J. Marshall J. Computer & Info. L. 679 (1997), Roscoe B. Starek Iii, Lynda M. Rozelle

UIC John Marshall Journal of Information Technology & Privacy Law

This article deals with the Federal Trade Commission's (FTC) efforts to apply consumer protection statutes to on-line activity. The article describes the role of the FTC and explains how it operates. It also discusses the applicability of the Mail or Telephone Order Merchandise Rule, the Fair Credit Billing Act and the Electronic Fund Transfer Act to on-line commerce. Lastly, it describes and examines Section 5 of the FTC Act, which prohibits unfair and deceptive acts or practices in or affecting commerce. This article also examines recent cases that involved on-line crimes, as well as "sweeps" that the FTC regularly executes …


Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards Jan 1997

Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the …


The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser Jan 1997

The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses intellectual property rights on the Global Information Infrastructure (GII) as affected by the evolution of the Internet. It outlines the battle between the advocates of total copyright protection and the advocates of minimal copyright protection. The article examines all of the proposed national and international laws affecting copyright protection on the GII, beginning with the minimal protections outlined in the Berne Convention and the problems involved in its enforcement and continuing with its successors, the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The article reviews the history of international copyright protection and the different …


Personal Jurisdiction In Cyberspace: The Constitutional Boundary Of Minimum Contacts Limited To A Web Site, 15 J. Marshall J. Computer & Info. L. 819 (1997), David L. Stott Jan 1997

Personal Jurisdiction In Cyberspace: The Constitutional Boundary Of Minimum Contacts Limited To A Web Site, 15 J. Marshall J. Computer & Info. L. 819 (1997), David L. Stott

UIC John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the limits of personal jurisdiction arising from cyberspace contacts through a discussion of the traditional framework of personal jurisdiction, including a minimum contacts analysis. It examines pertinent decisions wherein the courts apply the personal jurisdiction framework to contacts limited to the Internet, such as CompuServe v. Patterson, Zippo Manufacturing v. Zippo Dot Com, Bensusan v. King, and Hearst v. Goldberger. The comment further analogizes the minimum contacts involved in cyberspace transactions by using the narrow "stream of commerce" analysis adopted by Justice O'Connor in Asahi requiring additional activity within a jurisdiction for personal jurisdiction to exist within …


The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard Jan 1997

The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard

UIC John Marshall Journal of Information Technology & Privacy Law

There is a lack of efficient protection for intellectual property within the computer software medium. Intellectual property of computer software has traditionally been protected by copyrights and relatively recently has been afforded protection of its intellectual property via patents. The distinction between a computer's hardware and a computer's software is decreasing; likewise, the distinction for such protection, namely patents and copyrights, respectively, should be decreased or eliminated, as well. After a brief comparative analysis of patent and copyright protection for computer software, an alternative to the current system of protection for software intellectual property exists. The nature of the software …


Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar Jan 1997

Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar

UIC John Marshall Journal of Information Technology & Privacy Law

The speedy progress of the "digital revolution" has significantly changed the manner in which individuals and other entities communicate and exchange information. Since traditional paper based media for communication is being replaced by high tech means, new security measures such as cryptographic security techniques are sought to ensure individual privacy. This is a drastic change because encryption technology was traditionally utilized by military and diplomatic communications. Human rights activists, political dissidents and journalists employ encryption technology to protect communication from government surveillance. The Global Internet Liberty Campaign ("GILC") was organized to protect civil liberties and human rights in the on-line …


We've Got Your Number: An Overview Of Legislation And Decisions To Control The Use Of Social Security Numbers As Personal Identifiers, 16 J. Marshall J. Computer & Info. L. 529 (1998), Flavio L. Komuves Jan 1997

We've Got Your Number: An Overview Of Legislation And Decisions To Control The Use Of Social Security Numbers As Personal Identifiers, 16 J. Marshall J. Computer & Info. L. 529 (1998), Flavio L. Komuves

UIC John Marshall Journal of Information Technology & Privacy Law

In the face of technology which allows for the storage and sharing of information on individuals in an unprecedented way, individuals still maintain the right to informational privacy. However, the extensive use of Social Security numbers as universal identifiers is one of the most serious manifestations of privacy concerns in the United States. Numerous private sources, such as financial institutions and blood banks, and governmental sources, such as the Internal Revenue Service and the courts, use these numbers as identifiers either by voluntary choice or as required by law. Inadequate restrictions on these uses have led to serious violations of …


On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz Jan 1997

On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz

UIC John Marshall Journal of Information Technology & Privacy Law

In order to prevent check fraud, many banking institutions are implementing programs of on-site fingerprinting. On-site fingerprinting is a process whereby individuals are subject to fingerprinting before being allowed to cash a check. Currently, two methods are used by the banking industry to obtain these fingerprints. The first method is the old fashioned way which the finger is inked and the ink mark is placed on the back of the check. Today, invisible ink is used. The second means by which these fingerprints are obtained is through biometrics or digital recording. The person attempting to cash a check places his …


Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly Jan 1997

Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly

UIC John Marshall Journal of Information Technology & Privacy Law

Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …


Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus Jan 1997

Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus

UIC John Marshall Journal of Information Technology & Privacy Law

Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …


1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 16 J. Marshall J. Computer & Info. L. 709 (1998), John Cartaina, Robert Dixon, Eric Rogers Jan 1997

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 16 J. Marshall J. Computer & Info. L. 709 (1998), John Cartaina, Robert Dixon, Eric Rogers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso Jan 1997

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii Jan 1997

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …


Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin Jan 1997

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Computers And The Year 2000: Are You Ready, 30 J. Marshall L. Rev. 837 (1997), Robert G. Gerber Jan 1997

Computers And The Year 2000: Are You Ready, 30 J. Marshall L. Rev. 837 (1997), Robert G. Gerber

UIC Law Review

No abstract provided.


Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo Jan 1997

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.