Computer Law Commons^™

International Law Enforcement Access To User Data: A Survival Guide And Call For Action, Kate Westmoreland, Gail Kent

Canadian Journal of Law and Technology

Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This article provides an overview of the current system for foreign governments seeking user data from US-based Internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.

Possession Of "Extreme" Pornography: Where's The Harm?, Jonathan Clough

Canadian Journal of Law and Technology

For decades, the traditional Western liberal approach to obscene material has been that while the availability of such material may be restricted, individuals are free to possess it so long as they do not distribute to others. Prior to the advent of the Internet, traditional means of control were effective in limiting the availability of such material. However, free of traditional restrictions the Internet allows easy access to a vast array of pornographic material, some of which challenges the most liberal of societies including images of child abuse, sexual violence, bestiality, and necrophilia.

In 2008, the UK became one of …

Freedom Of Expression, Discrimination, And The Internet: Legislative Responses And Judicial Reactions, Talia Joundi

Canadian Journal of Law and Technology

In Part I of this article, I argue that cyber racism is inextricably linked with systemic discrimination. The definition of systemic discrimination relied on was first provided by Judge Abella in the Report of the Royal Commission on Equality in Employment (Abella Report), which states that systemic discrimination points to practices or attitudes that can result in inequality of opportunity for individuals or groups. The Supreme Court of Canada has since adopted this definition, and in some instances, has acknowledged that systemic problems require systemic remedies. The purpose of this discussion is to demonstrate how situating cyber racism within the …

Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine

Canadian Journal of Law and Technology

Given the incredible rate of smartphone technological evolution, is it about time the Supreme Court of Canada devised a special test to give law enforcement agents significantly more power to search through phone data without a warrant upon arrest of a suspect? In R. v. Fearon, the majority did just that. But this article argues the opposite is true: the increasing potential for immense privacy infringements when police search powerful and constantly evolving technological devices demands a greater limitation to police powers.

In recent cases, the Supreme Court has agreed with the position that limitations are needed concerning computers. Additionally, …

"Three Parent Babies": Techniques Explained, Objections Examined, Rebecca Carr

Canadian Journal of Law and Technology

The UK Parliament has approved regulations, which come into force in October 2015, that permit the use of new treatment techniques to prevent the transmission of serious mitochondrial diseases from women to their children. The introduction of these techniques—which are not currently carried out in any country in the world—will fly in the face of the opposition that has been raised since discussions to permit clinical applications of the techniques first arose. After outlining some background to the techniques, this article briefly examines three of the objections that have been made against them: that the safety and effectiveness of the …

Obscured By Clouds: The Fourth Amendment And Searching Cloud Storage Accounts Through Locally Installed Software, Aaron J. Gold

William & Mary Law Review

No abstract provided.

Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans

Indiana Law Journal

This Comment analyzes the regulations in place on 3D-printed firearms and proposes a new standard for regulating 3D-printed goods. Part I provides a brief primer on 3D printing and 3D-printed firearms. Part II turns to the events surrounding Defense Distributed’s creation of the world’s first 3D-printed firearm and the subsequent government censorship of the corresponding CAD files. Part III discusses the regulations affecting 3D-printed firearms and why these regulations are ill-suited for CAD files and 3D-printed goods. Part IV analyzes the implications of treating CAD files and 3D-printed goods as equivalents of traditional goods. Finally, Part V offers a proposal …

Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson

Loyola of Los Angeles Law Review

Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Faculty Publications

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that "collect-it-all" tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

Leveraging Predictive Policing Algorithms To Restore Fourth Amendment Protections In High-Crime Areas In A Post-Wardlow World, Kelly K. Koss

Chicago-Kent Law Review

Rapid technological changes have led to an explosion in Big Data collection and analysis through complex computerized algorithms. Law enforcement has not been immune to these technological developments. Many local police departments are now using highly advanced predictive policing technologies to predict when and where crime will occur in their communities, and to allocate crime-fighting resources based on these predictions.

Although predictive policing technology has an array of the potential uses, the scope of this Note is limited to addressing how the statistical outputs from these technologies can be used to restore eroded Fourth Amendment rights in alleged high-crime areas. …

The Self, The Stasi, The Nsa: Privacy, Knowledge, And Complicity In The Surveillance State, Richard Warner, Robert H. Sloan

All Faculty Scholarship

We focus on privacy in public. The notion dates back over a century, at least to the work of the German sociologist, Georg Simmel. Simmel observed that people voluntarily limit their knowledge of each other as they interact in a wide variety of social and commercial roles, thereby making certain information private relative to the interaction even if it is otherwise publicly available. Current governmental surveillance in the US (and elsewhere) reduces privacy in public. But to what extent?

The question matters because adequate self-realization requires adequate privacy in public. That in turn depends on informational norms, social norms that …

The Great Decentralization: How Web 3.0 Will Weaken Copyrights, 15 J. Marshall Rev. Intell. Prop. L. 136 (2015), Nick Vogel

UIC Review of Intellectual Property Law

Bitcoin’s popularity increased as its value increased and people became excited about the prospect of a trustless, decentralized currency that could be used on the Internet. Within the last two years, however, people and organizations began exploiting the potential of the block chain that powers the bitcoin network. These people realized that the block chain—a transparent public ledger that cannot be altered—can be used for more than digital currency. One such organization calls itself Ethereum and its developers plan to use block chains to allow decentralized autonomous applications to operate free of government censorship or corruption. While such a network …

Debatable Premises In Telecom Policy, 31 J. Marshall J. Info. Tech. & Privacy L. 453 (2015), Justin (Gus) Hurwitz, Roslyn Layton

UIC John Marshall Journal of Information Technology & Privacy Law

The five premises that this paper considers are:

1. Everyone needs low-cost access to high speed broadband service

2. High-speed broadband is necessary for education, health, government, and other social services

3. Wireless can‟t compete with cable

4. An open Internet is necessary for innovation and necessarily benefits consumers

5. Telecommunications are better somewhere else.

The Law And 3d Printing, 31 J. Marshall J. Info. Tech. & Privacy L. 505 (2015), Jasper Tran

UIC John Marshall Journal of Information Technology & Privacy Law

Recent years have seen extraordinary growth in the amount of legal scholarship and practice at the intersection of law and 3D printing. To help navigate this emerging field of 3D printing law, I created the accompanying Law and 3D Printing Bibliography. The published bibliography presented herein contains over 100 entries. The brief introductory comments to the published piece discuss the creation and contents of the bibliography, and provide suggestions for where one should begin their research in the area. The comments focus on (1) 3D printing‘s background, (2) historical growth pattern of law and 3D printing scholarship, (3) identification of …

Legal Problems In Data Management: It & Privacy At The Forefront: Opening Remarks, 31 J. Marshall J. Info. Tech. & Privacy L. 521 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters

UIC John Marshall Journal of Information Technology & Privacy Law

Numerous states have adopted laws mandating the protection and disposal of personal information. Under those laws, businesses are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Although the definition of “personal information” varies from state to state, “personal information” is generally defined as an individual’s first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or …

Legal Problems In Data Management: It & Privacy At The Forefront: Dual-Use Devices In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 527 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Developments In Cybersecurity Law And Best Practices, 31 J. Marshall J. Info. Tech. & Privacy L. 587 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Drafting And Implementing Effective Social Media Policies In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 549 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: “Big Data”: Ownership, Copyright, And Protection, 31 J. Marshall J. Info. Tech. & Privacy L. 565 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Ethics Of Big Data Analytics And The Importance Of Disclosure, 31 J. Marshall J. Info. Tech. & Privacy L. 641 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Global Approach To Data Privacy: Safe Harbor, 31 J. Marshall J. Info. Tech. & Privacy L. 633 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: The Impact Of International Data Restriction Laws On U.S. Companies, 31 J. Marshall J. Info. Tech. & Privacy L. 609 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

‘The Greatest Wealth Is Health’: Patient Protected Health Information In The Hands Of Hackers, 31 J. Marshall J. Info. Tech. & Privacy L. 657 (2015), Samantha Singer

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will analyze the specific requirements and stages that EPs/EHs must comply with in order to receive its Medicare and Medicaid incentives, how EHR technologies are being implemented, how EHR technologies are affecting patients' privacy with regard to hacking a patient‟s PHI, and what EHR technology vendors and EPs/EHs should be doing to improve patient privacy and security to prevent hacking and other breaches.

Part I of this comment will address hacking of PHI. Part II will analyze the security measures that EHR vendors must currently incorporate into EHR technology and how the lack of required security measures impacts …

Japanese And American Privacy Laws, Comparative Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015), Jane Kim

UIC John Marshall Journal of Information Technology & Privacy Law

To understand the laws of a foreign nation, one must first under-stand that nation’s culture. Its people and their customs will provide in-sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In-surance Portability and Accountability Act (“HIPAA”) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In-formation (“APPI”) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not …

Industry Self-Regulation Of Consumer Data Privacy And Security, 32 J. Marshall J. Info. Tech. & Privacy L. 15 (2015), Siona Listokin

UIC John Marshall Journal of Information Technology & Privacy Law

Industry self-regulation of consumer data privacy and security has been proposed as a flexible alternative and compliment to traditional government regulation. This study analyzes whether different types of existing industry-led standards improve online privacy and security. This paper examines which types of firms join voluntary standards and whether there is a difference in outcomes between trade association memberships (like the Digital Advertising Alliance) and certification programs (like TRUSTe). Results suggest that more trafficked websites are more likely to adopt standards, and that trade association member-ship does not have an effect on privacy and security performance. This article highlights the need …

The Truth Behind Data Collection And Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 33 (2015), Morgan Hochheiser

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai

UIC Review of Intellectual Property Law

Over time, it has become easier for consumers to steal music. Some technologies, like ReDigi, have been specifically designed to allow copyright infringement by giving consumers the ability to sell digitally purchased music files. While copyright laws have been updated to deal with changing technologies, the laws have not been sufficient to keep up. This comment highlights the failings of modern copyright law and questions whether patent laws are a viable way to ensure that technologies that induce copyright infringement do not find marketplace success.

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

UIC Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …

The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester

UIC Review of Intellectual Property Law

The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. …