Open Access. Powered by Scholars. Published by Universities.®

Computer Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Science and Technology Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1591 - 1620 of 2046

Full-Text Articles in Computer Law

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 …

Go to article

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 First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works.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 …

Go to article

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 …

Go to article

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.

Go to article

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.

Go to article

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.

Go to article

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 …

Go to article

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.

Go to article

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.

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

Discrimination In The Laws Of Information Warfare, Mark R. Shulman Jan 1999

Discrimination In The Laws Of Information Warfare, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Go to article

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 …

Go to article

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 …

Go to article

Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid Jan 1998

Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …

Go to article

Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park Jan 1998

Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin Jan 1998

The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer Jan 1998

Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer

UIC John Marshall Journal of Information Technology & Privacy Law

The United States was once the major producer of goods in the world. Today, the United States is the major consumer of goods. In addition, the United States is now the major developer and distributor of information such as software, content, news and entertainment. As a result of this new emphasis in information and services in the United States, Article 2B of the U.C.C. deals with transactions and subject matter that have never been covered by a U.C.C. There are many issues reflecting modern commerce. It is important for everyone to understand why an economy and commerce based on information …

Go to article

Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad Jan 1998

Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad

UIC John Marshall Journal of Information Technology & Privacy Law

The Uniform Commercial Code is a product of business practices and social change. During the last two decades, the United States has transformed from an agrarian economy into an industrial power. Recently, the United States has transformed again into a post-industrial society predicated upon the copyright industries. Article 2 of the U.C.C. was drafted more than fifty years ago before the rise of the software industry and the Internet. The proposed Article 2B of the U.C.C. will recognize the new copyright industries and provide a commercial law tailored for the transfer of data, text and other forms of information. The …

Go to article

Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn Jan 1998

Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn

UIC John Marshall Journal of Information Technology & Privacy Law

Various provisions in proposed U.C.C. Article 2B seek to increase the protection that is currently afforded to consumers. Generally, consumer law is made up of a series of default rules which operate in commercial settings. The default rules function in such a way as to free commercial entities from having to contract for every minor detail. However, default rules often function to the detriment of consumers because the consumer is not is a position to negotiate the provisions nor can they appreciate the ramifications of the default provisions. The purpose of the U.C.C. has been to provide default rules while …

Go to article

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz Jan 1998

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz

UIC John Marshall Journal of Information Technology & Privacy Law

Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …

Go to article

Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson Jan 1998

Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson

UIC John Marshall Journal of Information Technology & Privacy Law

Buyers and Sellers of goods make all kinds of statements to each other about the nature of the contract between them. They make promises and state conditions that relate to price, quantity, means of delivery, remedies, repairs and maintenance, and a whole host of other terms. Interestingly, Section 2-313 of Article 2 of the Uniform Commercial Code ("U.C.C.") takes one kind of statement, express warranties, and treats it in a very special manner. This article will examine the reason for this different treatment and ask whether such different treatment should be extended into the draft of Section 2B-402, Express Warranties, …

Go to article

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris Jan 1998

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …

Go to article

The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé Jan 1998

The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé

UIC John Marshall Journal of Information Technology & Privacy Law

Prior to the drafting of Article 2B of the Uniform Commercial Code ("U.C.C."), courts applied Article 2: Sales, by analogy, to transactions that involved licensing of software agreements. The courts used the "predominant feature test" to reach these decisions. This resulted in varying decisions among the states which is contrary to the need for uniformity within the software industry. Pursuant to Article 2B, a license is a "contract that expressly authorizes, prohibits or controls access to or use of information, limits the scope of the rights granted, or affirmatively grants less than all rights in the information, whether or not …

Go to article

Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang Jan 1998

Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang

UIC John Marshall Journal of Information Technology & Privacy Law

In ProCD, Inc. v. Zeidenberg, the Seventh Circuit validated a licensor's shrink-wrap license. This court was one of the first courts to validate such licenses. The case involved a graduate student, Zeidenberg, who purchased ProCD's telephone directory software program which contained the shrink-wrap license at issue. After Zeidenberg took the software home, he downloaded the information in the software into his computer and put the information onto a website, despite the language on the computer screen prohibiting such dissemination of the software's contents. Then, Zeidenberg allowed Internet users to use his website to access the directory originally located on the …

Go to article

Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt Jan 1998

Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico Jan 1998

Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa Jan 1998

Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley Jan 1998

The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley

UIC John Marshall Journal of Information Technology & Privacy Law

One of the primary purposes of The John Marshall Journal of Computer Information Law is to focus on recent developments, on an international basis, in computer and information technology law. The themes that are developed in each issue of Volume Sixteen, present problems in computer and information technology law, and hopefully help answer questions in this dynamic field of law. The first issue of Volume Sixteen is a perspective issue on cyberspace governance, standards, and control. The lead articles of this issue discusses the challenge to develop international trademark law with regard to the Internet, Internet regulatory zoning of obscene …

Go to article

First Prev Next Last