Computer Law Commons^™

Big Media: Its Effect On The Marketplace Of Ideas And How To Slow The Urge To Merge, 20 J. Marshall J. Computer & Info. L. 247 (2002), Donald R. Simon

UIC John Marshall Journal of Information Technology & Privacy Law

"The free flow of information is the life-blood of democracy." Americans are experiencing many media corporate mergers in recent years, and one is likely to ponder whether the idea of "marketplace of ideas" still holds true. In this article, the author discusses how economically driven censorship of journalism is blinding the public by market concentration and cross-ownership of media corporations. The fears of the Founding Fathers still lurk in the background as James Madison wrote: "a popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." …

An "Opposition" To The Recently-Proposed Legislation Related To Business Model Patents, 20 J. Marshall J. Computer & Info. L. 397 (2002), Gregory J. Maier, Thomas J. Fisher, Philippe J. C. Signore

UIC John Marshall Journal of Information Technology & Privacy Law

The authors in this article review the history of the business method exception before and after the State Street Bank case. In that case, the Court of Appeals for the Federal Circuit decided that there was no business method exception, and never had been. The court pointed out that previous decisions were decided on other grounds found in the statutes. The authors argue that, because of the timing and economic environment of the decision, the case gained much popularity and discussion. However, the patent law has not changed since then and the business method exception is still not a patentable …

Windows Xp: Another Court Battle For Microsoft?, 20 J. Marshall J. Computer & Info. L. 193 (2002), Sara Stocky, Reuven R. Levary

UIC John Marshall Journal of Information Technology & Privacy Law

Microsoft Windows XP's possible antitrust violations are addressed in relation to the U.S. v. Microsoft court of appeals decision. The aftermath and settlement of the Microsoft case are described. The implications of this case on the Microsoft Windows XP are discussed. Windows XP operating system is analyzed within the antitrust framework. Finally, current events that may affect a Windows XP antitrust case are discussed.

Chemical Claims Drafting After Lubrizol, 20 J. Marshall J. Computer & Info. L. 207 (2002), Caroline Frances Barry

UIC John Marshall Journal of Information Technology & Privacy Law

In Exxon Chemical Patents, Inc. v. Lubrizol Corp. and its companion decision, the US Court of Appeals for the Federal Circuit held that a chemical composition claimed in an ingredient-based form is not infringed when there is interaction between the ingredients after they have been combined so as to later either their quantity or their chemical form. This article discusses the impact of the decisions on chemical drafting of chemical inventions. The author argues that the decisions were wrongly decided. Furthermore, the author proposes an amendment to the Patent Act to allow ingredient-based claiming to continue to be used and …

The “Magic Lantern” Revealed: A Report Of The Fbi’S New “Key Logging” Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, 20 J. Marshall J. Computer & Info. L. 287 (2002), Neal Hartzog

UIC John Marshall Journal of Information Technology & Privacy Law

"You already have zero privacy anyway. Get over it." With the FBI's new stealth surveillance tool, the "Magic Lantern," this quote is an understatement. This article takes reader through a revealing journey of how the FBI, under the authority of the USA Patriot Act, conducts surveillance by using the most advanced technology such as the "Magic Lantern" and "Carnivore." The author first explains how these invisible keystroke logging software/worm/Trojan horse functions in acquiring the information for the FBI constantly and consistently over the Internet. Undoubtedly, the extend of individual's privacy invasion would be pervasive. Hence, the author discusses the constitutionality …

Face Recognition Technology: The Potential Orwellian Implications And Constitutionality Of Current Uses Under The Fourth Amendment, 20 J. Marshall J. Computer & Info. L. 321 (2002), Robert H. Thornburg

UIC John Marshall Journal of Information Technology & Privacy Law

Did you smile at the 2001 Super Bowl at Tampa's Raymond James Stadium? Hope you did because the facial recognition cameras certainly got your smile, applause, disappointment and kisses in that great American sports night. If you missed your 15-second of fame, try it again at the Salt Lake City Winter Olympics. With the use of facial recognition technology at the 2001 Super Bowl and Salt Lake City Winter Olympics, the author seeks to explore the use of this facial recognition technology. He further discusses the constitutionality of it under the Fourth Amendment. In doing so, he analyzes how facial …

Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv

UIC John Marshall Journal of Information Technology & Privacy Law

By analyzing two high-profile cybercrime cases, the authors discuss legal and procedural issues involved when gathering evidence across national borders. In US v. Gorshkov, the FBI was asked to investigate a series of intrusions into the computer systems of businesses in the US from Russia. The second incident is when system administrators at the Rom Air Development Center at Griffis Air Force Base in New York discovered hackers had installed password sniffer programs on all system networks. One of the hackers was identified to be a British citizen. The first thing to start a transnational evidence gathering is to determine …

E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An

UIC John Marshall Journal of Information Technology & Privacy Law

In a comparative study of the DSL service developments between the US and South Korea, the author discusses the strength of South Korea in this regard and how the US counterpart can learn from the examples. First, the author argues the laws and regulations in South Korea make the DSL deployment flourish. The urban development in Seoul, for example, gets people "wired" easier and cheaper as city dwellers live in multi-dwelling units. In addition, the forward thinking of the South Korean government in laying the Korean Information Infrastructure culminates this rapid development. With a comprehensive plan in place, the economics …

In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

Using the online gambling and gaming as the background, the author discusses the impact of the Wire Communications Act of 1961 and the Racketeer Influenced and Corrupt Organizations Act (RICO) on the gaming industry. The story goes like this: Bob stumbled upon an online gambling Web site. While excited, he charges his credit card to open a gambling account with the site. He did not need to leave home to enjoy this great adventure. However, when the luck runs out, Bob realizes he has $3,000 in debt. Unwilling to pay, Bob decides to sue someone. In the end, Bob decides …

O' Big Brother Where Art Thou?: The Constitutional Use Of Facial-Recognition Technology, 20 J. Marshall J. Computer & Info. L. 471 (2002), Susan Mccoy

UIC John Marshall Journal of Information Technology & Privacy Law

How to balance the protection of personal privacy and security in light of the use of facial recognition technology? The author argues that the use of facial recognition technology does not violate individual's Fourth Amendment rights to privacy. First, there is no reasonable expectation of privacy in public places. Second, the database used only contains the identities of known criminal and terrorists. Third, facial recognition technology only facilitates existing methods of screening and comparing mug shots of known criminals on the street. With these arguments, the author proposes suggestions to legislations that cover facial recognition or other biometric technologies. In …

Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean

UIC John Marshall Journal of Information Technology & Privacy Law

Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …

Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui

UIC John Marshall Journal of Information Technology & Privacy Law

On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …

The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell

UIC John Marshall Journal of Information Technology & Privacy Law

In this review of the Titles I and II of the Digital Millennium Copyright Act, the author first discusses recent case laws affecting the Act. Then, he analyzes sections of the Act, such as the anti-circumvention provisions, constitutionality of the Act, the ISP safe harbor provision, etc. Within each sectional reviews, the author discusses case laws that exemplify courts' interpretation of the Act. In the end, the author discusses the future of the Act. First, he argues that the Act would be challenged under constitutional grounds. The Framers of the Constitution never intended to grant a perpetual monopoly for copyright …

Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr

UIC John Marshall Journal of Information Technology & Privacy Law

Using an airing of the Victoria Secret fashion show as an example, the author explores the definition of "indecency" in media. She first discusses the how FCC treats indecency in traditional media (radio, broadcast TV and cable). Then, she addresses numerous failed attempts of applying indecency on the Internet. Consequently, she compares and contrasts the different media. Lastly, she suggests a solution in this regard that would likely pass constitutional muster. The FCC can impose fines or prison sentences on radio and broadcasting licensees for "uttering any obscene, indecent or profane language by means of radio communications." As for cable …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Uniform Domain Name Dispute Resolution Policy: A Practical Guide, Bradley J. Freedman, Robert J.C. Deane

Canadian Journal of Law and Technology

Disputes involving alleged bad faith registration and use of certain Internet domain names may be arbitrated pursuant to the Uniform Domain Name Dispute Resolution Policy (the Policy) mandated by the Internet Corporation for Assigned Names and Numbers ("ICANN").

The Policy is the first attempt to establish a global set of substantive rules regarding certain kinds of Internet-related trademark disputes, and a single, international system for the arbitration of those disputes. In many respects, the Policy has fulfilled its objective of providing an efficient and cost effective means of resolving certain domain name disputes. In other respects, however, the experience with …

Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby

Canadian Journal of Law and Technology

As the internet continues to reach into the lives of people around the world, it facilitates interaction and the exchange of ideas between far-flung individuals and groups to an extent unprecedented in communications history. However, with this positive effect, the potential of the internet as a forum for defamation and other malfeasance has increased as well. Words online can be heard or read in places conventional forms of speech might never reach. As the United States Supreme Court put it, with the aid of the internet ". . . any person with a phone line can become a town crier …

Is Internet Gaming Legal In Canada: A Look At Starnet, C. Ian Kyer, Danielle Hough

Canadian Journal of Law and Technology

The development of the Internet has kindled many new business opportunities in the online environment. Despite the recent slump in online business growth and popularity, one line of online business is generating profit and growing at a rapid rate: the business of online gaming.

The legality of such businesses is questionable in Canada and there are few gaming cases to assist Canadian lawyers. The following analysis must be considered in light of the dearth of jurisprudence in this area and should not be considered legal advice. This area of the law is in flux and developments may be unpredictable.

When …

Book Review: A Guide To Electronic Legal Research By A. Zivanovic (Markham Ont.: Butterworths Canada, 2001), David H. Michels

Canadian Journal of Law and Technology

No abstract provided.

The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog

Faculty Scholarship

Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. ²⁵ The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.²⁶ The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) ²⁷ that dramatically modifies current surveillance law, thus further complicating the untested waters of a …

Book Review: The Personal Information Protection And Electronic Documents Act: An Annotated Guide By Stephanie Perrin, Heather H. Black, David H. Flaherty And T. Murray Rankin, Q.C. (Concord, Ont.: Irwin Law, 2001), Teresa Scassa

Canadian Journal of Law and Technology

In April 2000, the Personal Information Protection and Electronic Documents Act was passed by the House of Commons. The legislation dealt with both personal information privacy and the use and validity of electronic documents in areas governed by federal law. On January 1, 2001, the portion of the Act dealing with electronic documents took effect, as did the privacy provisions, to the extent that they related to the collection use or disclosure of personal information inter-provincially, or in connection with a federal work, undertaking or business. The Act applied to personal health information as of January 1, 2002, and will …

Data Mines And Battlefields: Looking At Financial Aggregators To Understand The Legal Boundaries And Ownership Rights In The Use Of Personal Data, 19 J. Marshall J. Computer & Info. L. 313 (2001), Julia Alpert Gladstone

UIC John Marshall Journal of Information Technology & Privacy Law

Financial Web aggregation is a service that allows the customer to view all data from various accounts including financial institutions, stockbrokers, airline frequent flyer and other reward programs. Financial Web aggregation services may be offered on a stand-alone basis but the trend is to offer them in conjunction with other financial services, most commonly bill payment. HyperText Markup Language (“HTML”) technology is used to obtain the account information, this is most often done without the permission of the provider. The alternative to HTML connection is direct feed aggregation…the aggregator requires the implementation of specific software, i.e. Open Financial Exchange software. …

Fair Warning: Preemption And Navigating The Bermuda Triangle Of E-Sign, Ueta, And State Digital Signature Laws, 19 J. Marshall J. Computer & Info. L. 401 (2001), Renard Francois

UIC John Marshall Journal of Information Technology & Privacy Law

Problems with authenticity, integrity, and repudiation can create a barrier for both individuals and businesses using the Internet for transactions and negotiations. To help address these issues, the federal government enacted E-Sign. This statute protects consumers and ensures no signature will be denied legal effect. E-Sign is sometimes in conflict with state adopted statute, UETA. E-Sign has preemption provisions that are inconsistent with the goals of creating legal uniformity. This comment suggests amending E-Sign so that it is clear that any modification to UETA will cause the state’s version of UETA to be completely preempted.

Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo

UIC John Marshall Journal of Information Technology & Privacy Law

"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …

Consequential Damages Exclusions Under Ucita, 19 J. Marshall J. Computer & Info. L. 295 (2001), Douglas E. Phillips

UIC John Marshall Journal of Information Technology & Privacy Law

The Uniform Computer Information Transactions Act ("UCITA") elicits both love and hate, but decision time is here. Two states have enacted UCITA, several others are considering it, and UCITA choice-of-law clauses are already beginning to appear in software license agreements and other computer information contracts. This article focuses on how UCITA affects a pivotal issue: enforceability of contract clauses that exclude consequential damages. Losses from software development gone awry often far exceed the customer's investment and the developer's return. Under the Uniform Commercial Code, questions remain about the enforceability in certain circumstances of consequential damages exclusions. UCITA answers these questions …

The Internal Revenue Service Is Shifting American Taxpayers From A Paper Based Filing System To Electronic Filing - Is The Irs Offering A Capable System That Protects Taxpayer Confidentiality?, 19 J. Marshall J. Computer & Info. L. 367 (2001), Anthony D. Skidmore

UIC John Marshall Journal of Information Technology & Privacy Law

The IRS utilizes Internet technology, such as electronic filing, to aid in the enormous task of processing individual tax returns annually. The Internal Revenue Service Restructuring and Reform Act of 1998 (“1998 Act”) allows signatures to be waived by the IRS or to provide alternative means of signing. Litigation challenging the IRS administration of its electronic filing program to date has been upheld. Recent decisions illustrate the authority the IRS has to set standards for participating in the electroinc filing system. Recent litigation surrounding the validity of refund-anticipation loans has been upheld, despite the annual percentage rate charged. Criminal litigation …