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Articles 1351 - 1380 of 1720

Full-Text Articles in Computer Law

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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC Law Open Access Faculty Scholarship

No abstract provided.


Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross Jan 1997

Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross Jan 1997

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin Jan 1996

Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer Jan 1996

Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer

UIC John Marshall Journal of Information Technology & Privacy Law

In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but …


Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie Jan 1996

Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie

UIC John Marshall Journal of Information Technology & Privacy Law

It's business as usual: parties transacting business with paper, pens, phone calls, faxes, etc. With the convenience of computers in the market places, however, the business landscape is no longer the same: no more paper or less face-to-face contacts. Cyberspace provides an environment that obliterate physical time and space, but it also brings along risk fertile to create liabilities. In this article, the author attempts to address areas such as advertising; selling of money or goods; direct distributing of digitized products; contracting; intellectual property rights; common law torts and right to privacy on the Internet. At the end, the author …


Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina Jan 1996

Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina

UIC John Marshall Journal of Information Technology & Privacy Law

In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …


The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey Jan 1996

The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet has lured both shoppers and business people to its online economy. When a user wants to purchase an item from a merchant, he simply sends the bank a special electronic message, encoded with a unique digital signature requesting the money. The bank debits the user’s account and sends “e-cash” to the users computer via the Internet. After receiving the e-cash, the user’s computer transmits it to the merchant’s computer, which verifies the authenticity of the “e-cash” with the bank and credits it to the merchant’s account. This move to a cashless society stretches the parameters of current legislation …


Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman Jan 1996

Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …


Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie Jan 1996

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie

UIC John Marshall Journal of Information Technology & Privacy Law

Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …


Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes Jan 1996

Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes

UIC John Marshall Journal of Information Technology & Privacy Law

In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …


Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling Jan 1996

Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling

UIC John Marshall Journal of Information Technology & Privacy Law

This article presents a summary of the 1995 European Union Data Protection Directive, including a description of the provisions of the directive, general rules on lawfulness, rights of the individuals, remedies, and affect on the laws of the member states. The historical background and development of the Directive is also covered, including the first data protection laws and activities of the Council of Europe and United Nations.


Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch Jan 1996

Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch

UIC John Marshall Journal of Information Technology & Privacy Law

This article presents a description and evaluation of the 1995 Israeli Computer Law including the structure and scope, the protection of computers and programs, computer crimes, computer-assisted crimes, torts, evidence rules regarding the admissibility of computer print-outs and business records, and search and seizure laws.


The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman Jan 1996

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …


State And Local Taxing Authorities Taking More Than Their Fair Share Of The Electronic Information Age, 14 J. Marshall J. Computer & Info. L. 493 (1996), David C. Blum Jan 1996

State And Local Taxing Authorities Taking More Than Their Fair Share Of The Electronic Information Age, 14 J. Marshall J. Computer & Info. L. 493 (1996), David C. Blum

UIC John Marshall Journal of Information Technology & Privacy Law

This comment discusses the trend of state and local departments of revenue taxing users and providers of computer and information services even though the tax is not included in the jurisdiction’s legislation. While services are normally exempt from tax unless specifically enumerated, the Departments of Revenue recharacterize the service of providing electronically transmitted information into a purchase or lease of tangible personal property so the transaction can be taxed. This comment argues that users and providers of electronic information services should not be liable for a sales or use tax in a jurisdiction that lacks clear and specific statutory authority …


Discovery Of Computer Stored Documents And Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996), Patrick R. Grady Jan 1996

Discovery Of Computer Stored Documents And Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996), Patrick R. Grady

UIC John Marshall Journal of Information Technology & Privacy Law

This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.


What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack Jan 1996

What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack

UIC John Marshall Journal of Information Technology & Privacy Law

This commentary is from the unique perspective of Roger Cossack, host of CNN’s “Burden of Proof.” In it, he reflects on the O.J. Simpson trial and the effect televising it had. He concludes that televising the trial revealed the depth of racial conflict that divides our country. This was shown by issues involving pre-trial publicity, control of the courtroom, racism in reporting, the failure of DNA evidence and prior spousal abuse to convince the jury, and the effectiveness of counsel.


1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 14 J. Marshall J. Computer & Info. L. 563 (1996), Gary L. Gassman Jan 1996

1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 14 J. Marshall J. Computer & Info. L. 563 (1996), Gary L. Gassman

UIC John Marshall Journal of Information Technology & Privacy Law

This is a Bench memorandum for the 1995 John Marshall National Moot Court Competition in Information Technology and Privacy Law. It is an interlocutory appeal from a circuit court’s denial of the defendant’s motion to dismiss the plaintiff’s defamation action. The facts include the defendant, Robert Jacobs, posting an allegedly defamatory comment aimed at the plaintiff, Jennifer Fetty on an online discussion board during a debate on abortion. Both reside in Illinois, but the comment was read and replied to by David Bornmann, a resident of the State of Marshall. The issues include whether defendant is subject to personal jurisdiction …


1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar Jan 1996

1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.