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Articles 2341 - 2370 of 2650
Full-Text Articles in Computer Law
Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek
Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek
UIC John Marshall Journal of Information Technology & Privacy Law
Thermal imaging technology allows police to ascertain if a suspect is growing marijuana in his home by monitoring the escaping heat from the home. Conflicts between the lower courts on whether thermal imaging is sophisticated technology that is intrusive has not been resolved. Most courts rely on Katz v. United States in developing a reasonable inquiry into whether one's privacy has been invaded. The Katz test fails in part because of the second prong of the court's analysis. The second prong of the test states that an impermissible search occurs when a reasonable expectation of privacy is invaded. Consequently, prosecutors …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak
Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, Mr. Szwak defines what credit cards are and discusses various legal issues that arise between debtor, creditor and merchant in credit card transactions. Szwak first explains how banks issue credit cards and how consumers should be wary because not all issuers of credit cards have particularly high standards to protect a debtor’s credit rating. Secondly, Szwak discusses the subtle differences between “authorized use, “misuse” and “unauthorized use” of a credit card. Each term has its own distinct legal meaning. Thirdly, Szwak explores court holdings on various credit disputes that involved such issues as authority, unauthorized use, fraud …
A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke
A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke
UIC John Marshall Journal of Information Technology & Privacy Law
Computer matching is a powerful data surveillance tool widely used by government agencies since its emergence in 1976. Computer matching involves the merger of data from multiple sources: data gathered for different purposes, subject to different definitions, and of variable quality. It is a mass dataveillance technique, for its purpose is to generate suspicions that errors, misdemeanors or fraud have occurred. For many years, computer matching activities were carried out in semi-secrecy. The purpose of this paper is to propose a framework within which effective regulation can be imposed on this dangerous technique. This article commences by providing background to …
In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim
In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim
UIC John Marshall Journal of Information Technology & Privacy Law
This article is a review of the Federal Circuit Court decision of In Re Alappat. The subject of the case is an invention by Alappat. This invention is a “rasterizer that produces illumination intensity data ‘used’ by a display means to illuminate pixels on a screen according to a calculated illumination intensity value.” In analyzing this case, the Federal Circuit Court interpreted 35 U.S.C. sec. 112, para. 6 strictly and held that a “programmed computer becomes a new machine.” Alappat’s application is carefully followed because “it essentially undermines the basic principle of examination” by the U.S. Patent and Trademark Office. …
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
In Re Warmerdam: When Is A Software Process Too Abstract To Merit Patent Protection?, 13 J. Marshall J. Computer & Info. L. 667 (1995), Steven M. Santisi
UIC John Marshall Journal of Information Technology & Privacy Law
Unlike many foreign countries, the United States does not have an explicit rule that defines software as unpatentable subject matter. Despite the United States’ leadership position in patent protection, U.S. case law defining patentatble subject matter has evolved slowly and painfully. The legal controversy restricting software patentability stems from the principle that abstract ideas are not patentable. The Patent and Trademark Office remains uncomfortable in granting patents for inventions ideally embodied as software. Inventors’ attorneys continue to test these boundaries and the PTO continues to reject patent applications for software inventions based on the grounds that they constitute non-statutory subject …
Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin
Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin
UIC John Marshall Journal of Information Technology & Privacy Law
This comment examines several methods of attorney advertising and soliciation available on the Internet to determine whether the communications violate ethics regulations or breach netiquette. It also traces the history of advertising and solicitation in the United States from Bates v. State Bar of Arizona to Shapero v. Kentucky Bar Association. While the issue of attorney advertising in the Internet has not been addressed by the courts, analogies to traditional forms of advertising suggest guidelines for attorneys to follow when advertising on the Internet. Attorneys can and should carefully engage in advertising and solicitation on the Internet if all ethics …
Warrantless Satellite Surveillance: Will Our 4th Amendment Privacy Rights Be Lost In Space?, 13 J. Marshall J. Computer & Info. L. 729 (1995), Krysten C. Kelly
Warrantless Satellite Surveillance: Will Our 4th Amendment Privacy Rights Be Lost In Space?, 13 J. Marshall J. Computer & Info. L. 729 (1995), Krysten C. Kelly
UIC John Marshall Journal of Information Technology & Privacy Law
Satellite imagery is technology that allows for the recovery of graphical data, or images, of the earth. These images have such high resolution that pictures taken from space can reveal an object one meter in size. Because of its high cost, the majority of this technology has until now been limited to use by the military and large corporations. However, in light of increasing competition and ever lowering costs, satellite imagery is becoming more affordable. Therefore, the use of satellite imagery is destined to increase in both the military and private sectors. Along with affordability, the quality and resolution of …
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
UIC John Marshall Journal of Information Technology & Privacy Law
The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a …
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
UIC John Marshall Journal of Information Technology & Privacy Law
Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase of …
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such …
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
Steve Jackson Games V. United States Secret Service: The Government's Unauthorized Seizure Of Private E-Mail Warrants More Than The Fifth Circuit's Slap On The Wrist, 14 J. Marshall J. Computer & Info. L. 179 (1995), Nicole Giallonardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article critiques the Fifth Circuit’s decision in the 1994 case of Steve Jackson Games v. United States Secret Service. When the Secret Service invaded the petitioner’s offices, seizing three computers, 300 computer disks, and other computer equipment essential to the company’s operations, the petitioner sued the Secret Service under the Privacy Protection Act, the Federal Wiretap Act, and the Stored Wire Act. The Western District Court of Texas awarded the petitioner damages under the Privacy Protection Act and the Stored Wire Act, but found that there was no cognizable claim under the Federal Wiretap Act – after which petitioner …
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
PRI (Partido Revoluciaonario Institucional) has controlled the Mexican government for over sixty-five years. With a history of facilitating electoral fraud and voter bullying, how could Mexican citizens again vote to keep the PRI in power? Perhaps promises of a clean election and a new, more sophisticated electoral computer were nothing more than promises to defraud Mexican voters in state-of-the-art fashion. In his campaign for the presidency, PRI candidate Salinas mentioned that he hoped the new computer would foster an hones electoral process. Suddenly, the Federal Electoral Commission announced that the multi-million dollar electoral computer system crashed. When the computer system …
A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Smart Agenting, Barry Diller
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic Data Interchange (EDI), computer-to-computer communication, allows rapid exchange of information and is capable of dramatically increasing commercial efficiency. Faster than mail, personal meetings and communication via telephone, EDI will include recordkeeping, communication between governments, retail use and healthcare streamlining. EDI may pose future evidentiary problems including proving the source and content of the message. Numerous techniques may offer greater reliability of authentication of electronic messages by creating an audit trail when EDI is used. Using EDI for commercial transactions involving the sale of goods raises questions of contract law and the Uniform Commercial Code regarding the statute of frauds …
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
UIC John Marshall Journal of Information Technology & Privacy Law
Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
UIC John Marshall Journal of Information Technology & Privacy Law
The Natural Language Expert System Builder (NLESB) assists attorneys in producing intelligent, precise and clear legal documents. This system allows the user to link from one rule to another, which helps the attorney to find differently stated propositions that mean the same thing. In addition, the NLESB serves as a check to verify that the law within the document is in good form. The system promotes consistency by bringing similarities to the attorney's attention, it increases the clarity and precision of an argument within a legal document, and it eliminates passive voice and places the emphasis on the object of …
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
UIC John Marshall Journal of Information Technology & Privacy Law
For many years, the American health care system has been plagued by dependence on a cumbersome paper-based recording system that adds to the astronomical cost of health care in the U. S. In 1994, President Clinton proposed a national health care plan, the American Health Security Act, that would ensure comprehensive health care insurance to all Americans regardless of health or employment status. The proposed system depends on a centralized computer system that offers streamlined access to health care information, which must be accessible anywhere the patient goes. Although the proposed system would offer greater efficiency and consistency in the …
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
UIC John Marshall Journal of Information Technology & Privacy Law
The United States government's innovative use of thermal imaging technology to battle against cultivation and trafficking of marijuana is the center of debate. In United States v. Deaner, the District Court of Pennsylvania and Maryland erred in ruling that the United States government's use of thermal imaging technology in detecting the presence of marijuana and cultivation materials in the home of Tab Deaner was proper and did not violate Deaner's Fourth Amendment right to privacy. The Court affirmed Deaner's constitutional right to a subjective expectation of privacy with respect to heat emanating from his home. The Court compared the facts …
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
UIC John Marshall Journal of Information Technology & Privacy Law
The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
UIC John Marshall Journal of Information Technology & Privacy Law
The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
UIC John Marshall Journal of Information Technology & Privacy Law
This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is …
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
UIC John Marshall Journal of Information Technology & Privacy Law
In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
UIC John Marshall Journal of Information Technology & Privacy Law
Computer animation is the newest tool to turn up in courtrooms around the country in the area of demonstrative evidence. These animations create a virtual reality that lawyers can use to demonstrate objects, situations, or acts to juries -- objects, situations, and acts that would otherwise be difficult for a group of people to completely appreciate or understand through more traditional evidnetiary means. Recent technological advancements mean that this three-dimensional virtual reality can make quite an impact on a jury or judge, without making too great an impact on client's budgets. Computer animation and the various types of virtual reality …