Computer Law Commons^™

Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …

Prism And The European Union’S Data Protection Directive, 30 J. Marshall J. Info. Tech. & Privacy L. 227 (2013), Liane Colonna

UIC John Marshall Journal of Information Technology & Privacy Law

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The Lemons Problem In Crowdfunding, 30 J. Marshall J. Info. Tech. & Privacy L. 253 (2013), Gmeleen Faye Tomboc

UIC John Marshall Journal of Information Technology & Privacy Law

Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital.

This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to …

Sometimes I Feel Like Somebody’S Watching Me . . . Read?: A Comment On The Need For Heightened Privacy Rights For Consumers Of Ebooks, 30 J. Marshall J. Info. Tech. & Privacy L. 281 (2013), Meredith Mays Espino

UIC John Marshall Journal of Information Technology & Privacy Law

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My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 30 J. Marshall J. Computer & Info. L. 339 (2013), Dana Benedetti, Daniel Johnson, Kalli Kling, Samantha Levin, Zayna Nubani, Pamela Szelung

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 30 J. Marshall J. Computer & Info. L. 373 (2013), Eliana Albelbaisi, Robert Koehl, Todd Smith

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 30 J. Marshall J. Computer & Info. L. 403 (2013), Samuel Bragg, Leslie Brockhoeft, Matthew Vinson

UIC John Marshall Journal of Information Technology & Privacy Law

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Anonymous Speech On The Internet, In Amateur Media: Social, Cultural And Legal Perspectives (Dan Hunter Et Al. Eds., 2013), Brian C. Murchison

Books and Chapters

The U.S. legal community is engaged in a serious but inconclusive dialogue on issues relating to anonymous speech on the Internet. To be sure, several basic questions relevant to Internet speech have been settled: in a 1997 case; the Supreme Court determined that strict scrutiny applies to Internet content regulation, and in a 1995 case, the Court recognized a First Amendment right of anonymous speech. Yet the 1995 case did not arise in an Internet setting, and the scope of expressive freedom in certain Internet scenarios remains disputed. Over the past ten years, courts and commentators have grappled with anonymous …

Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew

Utah OnLaw: The Utah Law Review Online Supplement

It is becoming commonplace to note that privacy and online commerce are on a collision course. Corporate entities archive and monetize more and more personal information. Citizens increasingly resent the intrusive nature of such data collection and use. Just noticing this conflict, however, tells us little. In Informing and Reforming the Marketplace of Ideas: The Public-Private Model for Data Production and the First Amendment, Professor Shubha Ghosh not only notes the tension between the costs and benefits of data commercialization, but suggests three normative perspectives for balancing privacy and commercial speech. This is valuable because without a rich theoretical framework …

Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg

UIC Law Review

No abstract provided.

The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray

UIC Review of Intellectual Property Law

The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …

Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online, Max Rothschild

Canadian Journal of Law and Technology

This article will explore the problem of the applicability of human rights law to the corporate entities that own and enable the operation of the Internet. The focus will be the status of the right to freedom of expression online, and the different possibilities that have been suggested in order to ensure that users have and are able to exercise this right. As the Internet is a communicative tool that allows for an unprecedented global discourse, freedom of expression is naturally of primary importance in the online context.

What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson

Faculty Articles

This paper tells two stories. One concerns the investigation of a Delaware physician named Earl B. Bradley that resulted in a conviction and sentence of fourteen consecutive life terms for the sexual abuse of children. The other concerns the computer problems, both judicial and extra-judicial, of Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Though in a sense unrelated, they share lessons about the practicalities of computers and their search that are worth telling. As courts continue to struggle with how to cabin the searches of computers in order to minimize privacy intrusion …

The Business Of Privacy, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Face-To-Data -- Another Developing Privacy Threat?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Agriculture Under Threat - A Crisis Of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels From Zero To Zero++, Mark Perry, Ramesh Karky

Canadian Journal of Law and Technology

The issue of Adventitious Presence (AP) of genes, those that are not “naturally” present in food and crops but rather have been placed there using recombinant deoxyribonucleic acid (DNA) technology, has become a hot issue for producers and consumers. It can also be a major problem for exporters. Part of this problem is the reality that zero presence is now impossible to guarantee in some crops and products. Pressure has arisen to establish a Low Level Presence (LLP) threshold, one that is above zero, to be determined at an international level. This would allow crops to be imported and exported …

Protection From The Protectors: Does The Competition Act Provide An Answer To The Misuse Of Technological Protection Measures?, Keith D. Rose

Canadian Journal of Law and Technology

McOrmond suggested that this linkage of authorized content and devices may fall within the definition of tied selling:

If you are a competitor of the members of the DVD CCA, or for any reason cannot sign on to their contractual obligations, you will not receive the keys to encode your own content or decode content. It should be reviewed by the Competition Bureau to determine whether such contractual obligations should be allowed. Tying the ability to access content encoded with DVD CCA keys requiring a DVD CCA-approved access device seems like a text- book example of “tied selling” under section …

C-11 Et L'Information Sur Le Régime Des Droits: Regard Rétrospectif Et Prospectif, Antoine Guilman

Canadian Journal of Law and Technology

La récente adoption du projet de loi C-11, portant modification de la Loi sur le droit d’auteur, change aujourd’hui considérablement la donne. En effet, son article 41.22 instaure désormais un régime propre à l’information sur le régime des droits. Il devient dès lors nécessaire de remettre en contexte ce texte, pour l’appréhender pleinement et comprendre l’approche retenue par le Canada en matière de protection de l’information sur le régime des droits.

Dans cette perspective, nous porterons, d’une part, un regard rétrospectif sur l’évolution technologique récente et les solutions apportées au plan juridique en matière d’information sur le régime des droits …

Privacy And Publicly Available Personal Information, Teresa Scassa

Canadian Journal of Law and Technology

This article begins with a review of the structure of PIPEDA in order to situate the exception within its statutory context. This is followed by a detailed consideration of the exception for publicly available information. The article then offers a discussion of whether the scope of this exception should be expanded, and offers an alternative.

Big Brother's Shadow: Decline In Reported Use Of Electronic Surveillance By Canadian Federal Law Enforcement, Nicholas Koutros, Julien Demers

Canadian Journal of Law and Technology

Despite popular perception of increased government surveillance, particularly since 9/11, a longitudinal study of the Annual Reports on the Use of Electronic Surveillance, published by Public Safety Canada between 1973 and 2011, demonstrates the opposite trend. This article first outlines this decline to situate the use of electronic surveillance by federal law enforcement. The second section of the article advances legal, political, and practical influences which are likely contributing to the diminished use of wiretapping by police. The purpose of this article is to present quantitative evidence to better inform the ongoing debate around extending “lawful access” regimes in Canada. …

The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson

Canadian Journal of Law and Technology

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …

Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim

Canadian Journal of Law and Technology

As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.

This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …

A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff

Canadian Journal of Law and Technology

He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.

— George Orwell, 1984

On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …

Understanding The Internet As A Human Right, Michael Karanicolas

Canadian Journal of Law and Technology

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …

The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield

Canadian Journal of Law and Technology

Patent-Eligible Subject-Matter in Canada

The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.

Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg

UIC John Marshall Journal of Information Technology & Privacy Law

Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …