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Articles 1261 - 1290 of 1720

Full-Text Articles in Computer Law

Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro Jan 1999

Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro

UIC John Marshall Journal of Information Technology & Privacy Law

The value of U.S. based electronic commerce (e-commerce) transactions was estimated to be $43 billion in 1998 and is projected to grow to $1.3 trillion by 2003, totaling over nine percent of total U.S. business sales. Governments have embraced e-commerce as a positive development that should be encouraged. Many of our states and foreign countries have responded by enacting legislation regarding the enforceability of e-commerce transactions. There are three fundamental issues surrounding online commerce. These issues are: 1) whether the transaction is legal; 2) whether the message can be trusted; and 3) what are the rules of conduct. Concerning the …

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Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber Jan 1999

Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber

UIC John Marshall Journal of Information Technology & Privacy Law

There is an ominous traffic sign on the electronic superhighway to that much- ballyhooed paperless society. It reads: "Road Under Construction--Completion Date Unknown." To be sure, the vaunted superhighway does extend, perfectly paved, for a good distance, as anyone who has ever made a paperless purchase on the Internet will attest, but the highway engineers have so far been stymied from reaching their digital Valhalla by practical hurdles. And there is another hitch: many travelers do not want to get on the superhighway no matter how far it extends. They prefer unpaved horse-and-buggy thoroughfares that are slower but seem to …

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Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen Jan 1999

Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen

UIC John Marshall Journal of Information Technology & Privacy Law

This essay addresses the use of digital signature technology and the certification authority, and poses the fundamental question of whether the traditional notary public should really serve as the model for the new position of certification authority. This paper begins with an historical review of the concern about document security and the measures taken to deal with those concerns. Second, the paper includes a very brief overview of the technological aspects of the digital signature and its value in the global marketplace. Next, this essay examines the similarities between the traditional notary and the certification authority, including the functions and …

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The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards Jan 1999

The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …

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The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders Jan 1999

The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders

UIC John Marshall Journal of Information Technology & Privacy Law

Both businesses and private individuals are trying to protect the confidentiality of electronic proprietary data and communications through the use of encryption technology. Encryption technology includes methods such as digital encryption, which uses an encryption algorithm to convert a plain text message to an encoded ciphertext. However, the use of such technology raises concerns for the federal law enforcement and national security authorities, who are concerned that criminals and terrorists will use the technology for their own purposes. Thus, the federal government has used United States national security policy coupled with law enforcement strategies to shape the regulation of encryption …

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Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers Jan 1999

Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment argues that the potential liability of digital signatures under the Act is too great and, therefore, is not an effective mode of communication. Part II of this Comment explains the purpose, the significance, and the traditional role of the handwritten signature. Furthermore, Part II establishes the basics of the digital signature process as it relates to each participant. The participants in a digital signature process consist of a subscriber, a recipient, and a certification authority. Part III of this Comment analyzes and argues why the use of digital signatures, under the Act, is too great of a liability …

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The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio Jan 1999

The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio

UIC John Marshall Journal of Information Technology & Privacy Law

As Internet technology continues to expand and individuals continue to "log-on" at an ever-increasing rate, business transactions via computers have quickly expanded. Electronic commerce has become a widely accepted way of entering transactions and consummating deals. Consequently, millions and even billions of dollars change hands in transactions utilizing electronic commerce daily. These transactions are conducted between individuals who often have had no prior business relationship with each other. As a result, the need for a trusted third party to authenticate these transactions has become absolutely necessary. However, the laws governing the financial responsibility of these trusted third parties, or certification …

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Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack Jan 1999

Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack

UIC John Marshall Journal of Information Technology & Privacy Law

To untangle some of the issues involved in the current digital signature/encryption technology debate, this article will first discuss the relevant technologies and their applications in the online environment. This discussion will demonstrate that while digital signature technology utilizes encryption as part of its process, in most instances, its primary purpose is not the confidentiality of a particular Internet transmission, but the ability to authenticate and verify the participants in an online communication. This article will further explore the competing interests involved in the encryption/digital signature debate by analyzing recent case authority and administrative policies that address the government's ability …

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A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye Jan 1999

A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye

UIC John Marshall Journal of Information Technology & Privacy Law

This comment reviews the proposed code for Certification Authorities section by section and comments on its usefulness in the current legal paradigm.

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The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin Jan 1999

The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin

UIC John Marshall Journal of Information Technology & Privacy Law

This bibliography is an annotated list of sources, including books, official documents, and web sites, that discuss the national and international issues surrounding electronic commerce and digital signatures. The sources are quite diverse and offer a wide range of research opportunities, which may save you untold research time by helping to narrow your search. For your convenience, the sources have been organized into several topic categories: Electronic Commerce (In general) Digital Signatures Certification Authorities Infrastructure Models and Authentication Techniques Uniform Commercial Code/ Statute of Frauds and Evidentiary Issues Encryption, Cryptography and Security Issues Foreign and International Aspects. Note that all …

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On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock Jan 1999

On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock

UIC John Marshall Journal of Information Technology & Privacy Law

The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …

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The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel Jan 1999

The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel

UIC John Marshall Journal of Information Technology & Privacy Law

This comment suggests that individual United States citizens deserve a chance to propose legislature directly to the legislature; additionally, individuals should be permitted to vote on federal legislation before the President enacts it. The comment proposes that there be a popular electronic vote on all federal legislation. It discusses the history behind this proposition, including the Constitution, the legislature, and the history of elections and voting in the United States. Additionally, it discusses the media's influence on elections, the principles of direct democracy, and the evolution of the Internet. The comment details the ways this proposition would benefit the current …

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Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes Jan 1999

Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes

UIC John Marshall Journal of Information Technology & Privacy Law

Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …

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Technology Arms Peeping Toms With A New And Dangerous Arsenal: A Compelling Need For States To Adopt New Legislation, 17 J. Marshall J. Computer & Info. L. 1167 (1999), Maria Pope Jan 1999

Technology Arms Peeping Toms With A New And Dangerous Arsenal: A Compelling Need For States To Adopt New Legislation, 17 J. Marshall J. Computer & Info. L. 1167 (1999), Maria Pope

UIC John Marshall Journal of Information Technology & Privacy Law

With the rapid growth of technology, voyeurs are now armed with mechanical devices that aid them in their attempt to invade one's privacy. In addition, the images are now recorded and available for others to view. The introduction of the Internet as a medium to distribute material obtained from voyeurs increases the harm of video voyeurism to an international level. Despite the rapid growth of video voyeurism, numerous states have adequate statutes that make this act a crime. In addition, many state statutes fail to include provisions directed at new advancements in technology and the distributors of voyeur recorded material. …

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Digital Value Units, Electronic Commerce And International Trade: An Obituary For State Sovereignty Over National Markets, 17 J. Marshall J. Computer & Info. L. 1197 (1999), Shahriar Tavkol Jan 1999

Digital Value Units, Electronic Commerce And International Trade: An Obituary For State Sovereignty Over National Markets, 17 J. Marshall J. Computer & Info. L. 1197 (1999), Shahriar Tavkol

UIC John Marshall Journal of Information Technology & Privacy Law

This comment concentrates on the economic and commercial effects of e-money, primarily in the form of digital value units ("DVUs"). E- money, especially in the form of DVUs, will greatly affect the sovereignty of nations: the use of e-money will diminish a country's control of its own money supply and result in less control over national markets for currency. Part II(A) addresses the history of money, before and after the Internet's creation. Part II(B) discusses the economics of e-money and the interactivity between governments, national markets, and commerce. Part II(C) addresses the role of governments before and after the Internet's …

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State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille Jan 1999

State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille

UIC John Marshall Journal of Information Technology & Privacy Law

This article attacks the validity of the controversial holding in the Donis case that allows law enforcement officers to use personal information provided by the Department of Motor Vehicle ("DMV") at the officers' discretion. The main hurdle that the court had to overcome was the New Jersey Constitution. Ultimately the court found that the personal information was not protected because it was being used for legitimate law enforcement practices. The underlying sentiment of the court is that law officers would not abuse their authority when searching for stolen vehicles and invalid drivers licenses using a mobile data terminal ("MDT"). The …

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Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies Jan 1999

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

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Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar Jan 1999

Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope

UIC John Marshall Journal of Information Technology & Privacy Law

Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard Jan 1999

1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin Jan 1999

Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin Jan 1999

The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin

UIC John Marshall Journal of Information Technology & Privacy Law

This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …

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Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow Jan 1999

Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow

UIC John Marshall Journal of Information Technology & Privacy Law

This article begins with a comparison of UCITA and UCC Article 2 and shows how much less restraint the drafters had while drafting the UCITA in early 1995. It was during this time that UCC Article 2 was still undergoing revision. This article continues with the author's detailed examination of the underlying major structural and policy defects in UCITA that require the drafters' attention before it is made into law. The author defines the scope of UCITA as being too broad. Furthermore, the author deconstructs and criticizes various sections of UCITA.

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Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris Jan 1999

Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

The author explains the significance and benefits of UCITA and its major role in clarifying contractual agreements as it responds to the technological age of computer information. The author articulates that the benefits of UCITA are many and advantageous, especially for individuals and small businesses. The benefits of contract formation in UCITA are further elaborated upon in this article. Furthermore, the author delves into the concepts of Rules of Construction and Warranties. Other topics of discussion include transfers of interests and rights, financing arrangements, performance, breach of contract, mass market v. non-mass market transactions, and finally, remedies.

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The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge Jan 1999

The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge

UIC John Marshall Journal of Information Technology & Privacy Law

This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …

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Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad Jan 1999

Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach …

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Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner Jan 1999

Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner

UIC John Marshall Journal of Information Technology & Privacy Law

This article investigates the software engineering community's direct opposition to UCITA. The author begins by detailing the adverse effect of UCITA on software development and how it will interfere with public interest. Secondly, the author expounds on the rules governing intellectual property and how UCITA would interfere with both users and creators in this field. Thirdly, the author lays out UCITA's rules relating to electronic communication and its uncostly bearings on e-mail. Next, the author explains how UCITA interferes with engineering practices. Furthermore, the author provides a glimpse of UCITA's interference with software engineers and small consulting firms. Lastly, the …

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Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr. Jan 1998

Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

The increasing use of the Internet as a marketplace has invariably resulted in a race for recognition among market forces. The use of slogans and trade names, which in the "real world" are the centerpiece for competition, has followed onto the Internet. These "domain names" are the lifeblood of businesses competing for the almighty dollar from consumers. As the billion dollar a year Internet business place has developed, the fight over domain names began. Today as a result of the lack of domains available, lawsuits and disputes have resulted. The inability or unwillingness of Internic and the government to find …

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Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer Jan 1998

Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer

UIC John Marshall Journal of Information Technology & Privacy Law

The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …

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