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Articles 2311 - 2340 of 2650
Full-Text Articles in Computer Law
Learning To Love "The Ultimate Peripheral" - Virtual Vices Like "Cyberprostitution" Suggest A New Paradigm To Regulate Online Expression, 14 J. Marshall J. Computer & Info. L. 779 (1996), D. James Nahikian
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Revising The Freedom Of Information Act For The Information Age: The Electronic Freedom Of Information Act, 14 J. Marshall J. Computer & Info. L. 817 (1996), Jeffrey Norgle
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed
UIC John Marshall Journal of Information Technology & Privacy Law
The ways that a computer and the human brain process information are immensely similar. The legal issues that arise from similar information processors must be addressed. In addition to purporting the similarities between the computer as the information processor and the human mind as the information processor, attorneys need to stay current with developments in computer technology. New insights in the computer industry can shatter the current legal infrastructure used to solve today's computer law issues. Attorneys must constantly reexamine the rules that pertain to information as well. The practicing attorney should be aware that these new legal developments need …
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger
UIC John Marshall Journal of Information Technology & Privacy Law
To fully understand the future of the computer and the computer's role in society, one must understand where the computer originated. The history of the computer is traced from the beginning of binary numeration to the life of John V. Atanasoff, the inventor of the computer. Several developments in technology are responsible for the transformation of computers into the high tech efficient and affordable technology. In review, four generations of computers exist. Atanasoff's first model and the derivatives from his work are the first generation computers. The development of the transistor by Bell Laboratories in the late 1940's led to …
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet presents many opportunities for the user to purchase merchandise using a credit card or bank card. However, until planned security measures for the Internet are proven to be effective, a question is raised: Who will pay for the loss if a criminal diverts the bank card data used by a consumer over the Internet? Two federal statutes generally prevent banks and credit card associations from charging consumers for losses incurred by fraudulent use of bank cards. The 1970 amendment to the Federal Consumer Protection Act (FCPA) and the Electronic Funds Transfer Act of 1978 (EFTA) contain provisions that …
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney
UIC John Marshall Journal of Information Technology & Privacy Law
Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, …
It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson
UIC John Marshall Journal of Information Technology & Privacy Law
The age of the Internet has allowed users of all ages to access an infinite number of subjects. However, some of those Internet sites may consist of subjects that may not be suitable for children under eighteen based on the content of those sites. The content may include sexually explicit and violent text and images. In 1996, the Communications Decency Act (hereinafter CDA) was created to help protect children from "obscene" or "indecent" subject matter by imposing criminal liability for violations. However, the American Civil Liberties Union has obtained a preliminary injunction against enforcing the CDA because of the potentially …
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …
Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …
Cybermarks: A Proposed Hierarchical Modeling System Of Registration And Internet Architecture For Domain Names, 29 J. Marshall L. Rev. 623 (1996), G. Andrew Barger
Cybermarks: A Proposed Hierarchical Modeling System Of Registration And Internet Architecture For Domain Names, 29 J. Marshall L. Rev. 623 (1996), G. Andrew Barger
UIC Law Review
No abstract provided.
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin
Articles
No abstract provided.
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin
Articles
No abstract provided.
Law In Cyberspace, Fred H. Cate
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Richmond Journal of Law & Technology
In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
UIC John Marshall Journal of Information Technology & Privacy Law
The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This bench memorandum details the issues from both the plaintiff's and defendant's perspective in a case involving computer-generated child pornography available on the Internet. The following is a brief statement of the facts: The defendant, George Gress, owns a photography studio in which he specializes in photographing child models for department store and mail-order catalogues. Gress is also an amateur computer programmer and operator ("sysop") of an electronic bulletin board system (BBS) that is accessible over the Internet. Appearing on Gress' BBS is an interactive sex program titled "Kid Stuff," which displays images of young children and allows users to …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum
Interactive Computing: Joint Work Status For User And Programmer, Michelle Lynn Birnbaum
Touro Law Review
No abstract provided.
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
National Information Infrastructure, the Information Superhighway and the Electronic Superhighway are no longer discussions of the past but are omnipresent vocabularies of the day -- envisioning a promise of universal access to the international networks of information and electronic communications. As the nation and the world embrace this concepts and goals, the authors in this issue discuss the need for a roadmap for such infrastructure and the level of governmental oversight as we travel along this superhighway into the future.
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular telephone …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
UIC John Marshall Journal of Information Technology & Privacy Law
Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various …
The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …
A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi
UIC John Marshall Journal of Information Technology & Privacy Law
A.D.A.M. is a CD-ROM based, interactive, anatomical program that permits the user to view and observe the anatomical aspect of the human body used in medical schools throughout the United States. A.D.A.M. and its female counterpart E.V.E., use high-resolution graphics and color animation to show views of the human body from every conceivable angle simulating various traumas to the body. Utilizing a mouse, the A.D.A.M. user can "point and click" to reveal the various parts of the human body. Potentially, attorneys can use A.D.A.M. to demonstrate injuries and surgeries to the trier of fact in a trial proceeding. The trial …
Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec
Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec
UIC John Marshall Journal of Information Technology & Privacy Law
During the next decade, at least 125,000 children will become orphans of the AIDS epidemic and will need to be cared for by family members, caring adults or extended family members, or be placed in foster care. The movement toward greater disclosure of an adoptee's medical history reveals an almost complete failure to address the HIV/AIDS epidemic in this area. The adoption process does not provide a specific time when an adoptee's medical conditions are to be disclosed to adopting parents. Although the adoption process did not always serve the child's best interest, today disclosure decisions pertaining to adoption are …
Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand
Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand
UIC John Marshall Journal of Information Technology & Privacy Law
Computer monitors and keyboards are very common in today’s modern workplace, so it’s no surprise that the fastest growing category of workplace personal injury claims result from repetitive stress injuries (RSIs). Office workers have tried to tie the frequent and regular use of their computer keyboards to various debilitating hand and wrist disorders, and as a result such injuries account for 3/5 of all occupational injuries. Currently it is unclear whether there is a causal relationship between the use of computer keyboards and RSIs and the National Institute for Occupational Safety and Health has suggested that there is no causative …
E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross
E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross
UIC John Marshall Journal of Information Technology & Privacy Law
Due to the absence of legal protection available to victims of E-mail stalking, it can be very dangerous to interact with strangers on the Internet. Forty-eight states currently have anti-stalking statutes that criminalize stalking but only four of those states have provisions that protect against the crime of E-mail stalking. Even so, federal laws and most state laws have failed to provide adequate protection to victims of E-mail stalking. Perhaps a Model State Anti-Stalking Statute should be introduced which will sufficiently address E-mail stalking in a constitutional manner.
Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi
Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, Santisi argues that a Florida court decision regarding personal jurisdiction was wrongly decided. In the case, the Florida Court of Appeals held that a lease contract entered into by Pres-Kap, Inc. (a New York corporation) of a database run by System One Direct Access, Inc. in Florida did not give rise to personal jurisdiction in Florida. Santisi argues that both the minimum contacts and the reasonableness factors of the “purposeful availment” test set forth in Burger King v. Rudzewicz had been satisfied by the facts of the case. Among the important facts were that Pres-Kap derived economic …