Computer Law Commons^™

Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Cyber-Security Insurance: Navigating The Landscape Of A Growing Field, 31 J. Marshall J. Info. Tech. & Privacy L. 379 (2014), Daniel Garrie, Michael Mann

UIC John Marshall Journal of Information Technology & Privacy Law

In today‟s marketplace where businesses are constantly being threatened by data breaches and cyber-attacks, it is imperative that a global company obtain cyber-security insurance. The cyber-security insurance market is now the fastest growing segment of the insurance industry as cyber-threats are on the rise and business trade partners and consumers are insisting on safeguards for their confidential and sensitive information. Given how great the potential liability and damages resulting from a data breach can be companies cannot afford to be without cyber-security insurance. As this new form of insurance continues to emerge and develop, it is important for companies to …

Facebook Messenger: Eroding User Privacy In Order To Collect, Analyze, And Sell Your Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 393 (2014), Erica Jaeger

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will examine Facebook‘s new standalone Facebook Messenger app, and review how the Privacy Policy, Data Use Policy, and the list of permissions violate Section 5 of the Federal Trade Commission Act. The comment will focus on Facebook Messenger‘s deceptive methods of accessing users‘ personal information and how Facebook uses that personal information. Section II will explain social networking sites and the configuration of Facebook, Facebook Messenger, and Facebook‘ s evolving policies. Section II will also discuss the Federal Trade Commission and the Federal Trade Commission Act that was created to protect consumers against unfair, deceptive, or fraudulent practices.15 …

It Is Time For Investment Advisers To Join The Conversation About Social Media, 31 J. Marshall J. Info. Tech. & Privacy L. 423 (2014), Sarah Tanaka

UIC John Marshall Journal of Information Technology & Privacy Law

Section II will detail the creation of the SEC, including key that shaped the establishment, goals, and mission of the SEC. Furthermore, it will focus on who is an investment adviser under the Investment Advisers Act of 1940, the controlling legislation on the matter. Section II will also examine the SEC‟s current guidance on investment advisers‟ use of social media and the public policy behind the new provisions. With social media revolutionizing the way individuals communicate and share information, Section III will discuss the advantages and disadvantages of the current guidance regarding investment advisers‟ use of social media. It will …

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …

Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte

Journal of Business & Technology Law

No abstract provided.

Governing, Exchanging, Securing: Big Data And The Production Of Digital Knowledge, Bernard E. Harcourt

Faculty Scholarship

The emergence of Big Data challenges the conventional boundaries between governing, exchange, and security. It ambiguates the lines between commerce and surveillance, between governing and exchanging, between democracy and the police state. The new digital knowledge reproduces consuming subjects who wittingly or unwittingly allow themselves to be watched, tracked, linked and predicted in a blurred amalgam of commercial and governmental projects. Linking back and forth from consumer data to government information to social media, these new webs of information become available to anyone who can purchase the information. How is it that governmental, commercial and security interests have converged, coincided, …

Review And Reflection: Copyright Hearings And Related Discourse In The Nation’S Capital, 13 J. Marshall Rev. Intell. Prop. L. 487 (2014), Maria A. Pallante

UIC Review of Intellectual Property Law

On February 28, 2014, the Register of Copyrights of the United States and Director of the U.S. Copyright Office Maria A. Pallante delivered a keynote speech on the copyright hearings and related discourse in the nation’s capital. The speech was given at The John Marshall Law School’s 58th Annual Intellectual Property Conference. This article is based on her speech at the Conference.

The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray

Oklahoma Law Review

No abstract provided.

Ubiquitous Privacy, Thomas P. Crocker

Oklahoma Law Review

No abstract provided.

Book Review: Juries In The 21st Century, By Jacqueline Horan, Vanessa Macdonnell

Canadian Journal of Law and Technology

In Juries in the 21st Century, Jacqueline Horan immerses the reader in a discussion of how jury trials operate, how they could be more effective, and how they should adapt to emerging technologies. The book makes three contributions to the existing legal literature. First, it challenges basic assumptions about how juries operate. Horan demonstrates that not all features of modern jury trials are essential or even useful. She argues convincingly that the existing features of the jury system should only be retained if they contribute positively to the process by which the jury arrives at a verdict. This leads Horan …

Legislating Trust, John D. Gregory

Canadian Journal of Law and Technology

As governments in Canada and elsewhere have considered statutes to ensure that electronic communications are legally effective, they have invariably had to face questions about the reliability of those communications. Can we trust electronic messages, documents, and signatures? Are they the same in law as if they were on paper? What conditions should be imposed in order to give us the right assurances that we can trust them? To answer these questions properly, we need to understand the nature of “trust” and the extent to which legislation can be a source of it, and what other sources should be enlisted …

Clapper V. Amnesty International And Data Privacy Litigation: Is A Change To The Law “Certainly Impending”?, John L. Jacobus, Benjamin B. Watson

Richmond Journal of Law & Technology

On December 19, 2013, the retailer Target announced that unauthorized third parties had gained access to its customer payment information. While Target originally estimated that the security breach affected 40 million of its customers, a subsequent investigation revealed that anywhere from 70 to 110 million people—almost one in three Americans—may have had their sensitive payment information stolen. In response, the retailer offered free credit monitoring services and assured affected customers that they would not be responsible for fraudulent charges made with their payment information.

Fan Fiction And Canadian Copyright Law: Defending Fan Narratives In The Wake Of Canada's Copyright Reforms, Rebecca Katz

Canadian Journal of Law and Technology

Amateur, non-commercial writing based on contemporary copyrighted works — “fan fiction” — is a practice that is worth defending despite its unclear status vis a vis copyright law. In this article, I assess how Canadian fan authors may defend their works using Canadian copyright law. I argue that the recent copyright reforms are promising for fan and other second generation creators. The new fair dealing categories of parody and satire are positive steps, though the broad and technologically neutral non-commercial user-generated content provi-sion may be the most promising reform of all. I begin with an exploration of the benefits of …

Atteinte À La Vie Privée Et Publicité Comportementale, Virginie Blanchette-Séguin

Canadian Journal of Law and Technology

Le présent texte aura pour objet les questions relatives à la vie privée que soulève la publicité comportementale et le suivi des activités des individus qu’elle implique par définition. Pour ce faire, nous délimiterons d’abord le spectre du droit à la vie privée en droit québécois dans ce contexte (I.) et nous poursuivrons selon une approche plus critique en nous prononçant sur les différents arguments pouvant être soulevés quant à l’absence d’une perception humaine dans une violation potentielle du droit à la vie privée (II.)

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Faculty Scholarship

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin

Seattle Journal for Social Justice

No abstract provided.

Should The Default Be "Social"? Canada's Pushback Against Oversharing By Facebook, Karen Tanenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik

Research Collection Yong Pung How School Of Law

In the first part of this paper, I will present and explain the Singapore Personal Data Protection Act (“PDPA”) in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the national laws and policy on data privacy prior to the enactment of the PDPA as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development …

Tor Exit Nodes: Legal And Policy Considerations, Sarah Campbell Eagle, Abigail St. Hilaire, Kelly Sherwood

Technology Law and Public Policy Clinic

Anonymity Networks

The Internet is a constant companion to people the world over and as technology improves it is becoming more accessible every day. With the amount of communication that occurs online, it was only a matter of time before anonymity became an important topic of discussion. Several so-called “anonymity networks” have been developed to facilitate anonymous communication by the citizens of the web. Because the use of these networks is already so widespread, the time is ripe for a discussion of their merits and potential government responses to this phenomenon. An anonymity network “enables users to access the Web …

Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock

Canadian Journal of Law and Technology

This article will begin by discussing the significance of over-the-top (OTT) video services in Canada and briefly outline the CRTC’s recent efforts and findings in relation to new media trends. It will then describe the problems with the current regulatory framework and some of the proposed solutions. While some have argued that regulating OTT services like Netflix would level the playing field, I will argue that encouraging competition and decreasing some of the onerous regulations that are currently imposed on Canadian broadcasters would be the best solution since it would benefit both consumers and Canadian corporations.

Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney

Canadian Journal of Law and Technology

In this section, the historical balance struck by securities law between conservatism and innovation was considered in the context of a shifting economic landscape.

In Section II, the life sciences sector will be chosen to illustrate the current barriers impeding capital flow to high-value enterprise, resulting in decreased innovation and economic growth. These include the existence of “ever greening”, non-practicing entities, patent thickets, and onerous transaction costs on upstream patent holders with limited competency.

In Section III, the tool of intangible asset finance will be introduced as a means of harnessing the value of intellectual property assets, and leveraging them …

Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco

Canadian Journal of Law and Technology

This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with …

Social Media: The Law Simply Stated, Steve Coughlan, Robert J. Currie

Canadian Journal of Law and Technology

It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between.

Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in …

Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell

Canadian Journal of Law and Technology

Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from the perspective of individuals involved first-hand in the implementation …

Navigating Through The Fog Of Cloud Computing Contracts, 30 J. Marshall J. Info. Tech. & Privacy L.13 (2013), T. Noble Foster

UIC John Marshall Journal of Information Technology & Privacy Law

This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …

My Iphone Is My Castle: One Aspect Of Protecting Privacy In A Digital Age, 30 J. Marshall J. Info. Tech. & Privacy L. 1 (2013), Joan Catherine Bohl

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Crisis On Impact: Responding To Cyber Attacks On Critical Information Infrastructures, 30 J. Marshall J. Info. Tech. & Privacy L. 31 (2013), Eugenia Georgiades, William Caelli, Sharon Christensen, W.D. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

In the developing digital economy, the notion of traditional attack on enterprises of national significance or interest has transcended into different modes of electronic attack, surpassing accepted traditional forms of physical attack upon a target. The terrorist attacks that took place in the United States on September 11, 2001 demonstrated the physical devastation that could occur if any nation were the target of a large-scale terrorist attack. Therefore, there is a need to protect critical national infrastructure and critical information infrastructure. In particular, this protection is crucial for the proper functioning of a modern society and for a government to …

Why Arthur Goldberg Cared So Much About Privacy, 30 J. Marshall J. Info. Tech. & Privacy L. 67 (2013), David Stebenne

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

How Far Can The Government’S Hand Reach Inside Your Personal Inbox?: Problems With The Sca, 30 J. Marshall J. Info. Tech. & Privacy L.75 (2013), Dana T. Benedetti

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.