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Articles 271 - 300 of 902
Full-Text Articles in Computer Law
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
Today a lot of private businesses have adopted the practice of driver's license swiping where proof of age or security issues arise. This practice has beneficial uses for both private entities, in identifying underage persons and those with fake identification, and law enforcement. However, the problem arise when the private sector, businesses are not using the information to merely identify underage customers or those with fake identification but store the information encoded on the barcode in a computer database. No federal laws and very few state laws regulate the collection and use of this information while the private sector is …
Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence
UIC John Marshall Journal of Information Technology & Privacy Law
The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
UIC John Marshall Journal of Information Technology & Privacy Law
As with most innovations that have world-altering capabilities, the Internet is not without its very own dark side. This Internet's ugly side represented by are the thousands of Web sites devoted to the procurement and dissemination of pornographic material. Although, undoubtedly, in a free society, people are entitled to have access to such material if they so desire it is also generally accepted there is not only a great need, but an uncompromisable duty to protect minors from, and prevent access to, this potentially harmful imagery. This Comment discusses the several recent attempts made by Congress to regulate the accessibility …
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
UIC John Marshall Journal of Information Technology & Privacy Law
A lot of things have changed since the early memories of going into the voting booth, which at that time was the old mechanical machines, and pulled those levers down. It was taught that you have to vote because each vote was going to make a difference, each vote was going to be recorded and tallied. The voting which was done on Election Day, the way one voted was going to affect our democracy. Of course during that time there were also a lot of other things happening that ran counter to this ideal, stories including police intimidation especially in …
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
UIC John Marshall Journal of Information Technology & Privacy Law
In early 2001, after the disastrous election of 2000, Florida decided to revamp its voting systems, as well as its elections laws, because it did not want another disaster. The “Electronic Voting Systems Act” (the “Act”), ostensibly modernized Florida’s outdated voting machines by authorizing the use of “electronic and electromechanical voting systems in which votes are registered electronically or are tabulated on automatic tabulating equipment or data processing equipment” prohibiting any apparatus or device “for the piercing of ballots by the voter”. Central to the recount process overhaul was the introduction in Florida of a whole new type of voting …
E-Voting: A Tale Of Lost Votes, 23 J. Marshall J. Computer & Info. L. 509 (2005), Lillie Coney
E-Voting: A Tale Of Lost Votes, 23 J. Marshall J. Computer & Info. L. 509 (2005), Lillie Coney
UIC John Marshall Journal of Information Technology & Privacy Law
In order for the United States to avoid another Constitutional crisis due to the failure of voting technology it must address the weaknesses of paperless direct recording electronic (“DRE”) voting machines. Many policymakers hold the belief that the Help America Vote Act (“HAVA”) would save the nation from the threat of another election-sponsored Constitutional crisis because it would, among other objectives, replace outdated voting machines with new electronic voting technology. This belief was disproved a number of times during the 2002 and 2004 primary and general election seasons. As it was revealed by the Carteret County, North Carolina November 2, …
"Electronic Voting Rights And The Dmca: Another Blast From The Digital Pirates Or A Final Wake Up Call For Reform?", 23 J. Marshall J. Computer & Info. L. 533 (2005), Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic voting machines are the new version of pirated music. Like digital music, electronic voting was designed to make voting rights easily available to the masses. However, technology has once again demonstrated how easy it is to circumvent a good idea through better “hacker” technology. In reality, any electronic voting software can be hacked no matter how good the encryption technology protecting it. The issue is not creating a fool-proof anti-circumvention system – an impossible task – but creating the necessary digital safeguards to make circumvention difficult, to make security breaches more readily detectable, and to provide back-up systems to …
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin
UIC John Marshall Journal of Information Technology & Privacy Law
In general Election Day of 2004 proceeded surprisingly smoothly and although some problems were reported, by and large they were best characterized as “no big and lots of littles.” In the end, the margins of victory in most races during the 2004 election exceeded the margin of litigation, meaning the trouble that arose in many states would most likely not have changed the outcome. In the immediate aftermath of Election Day, however, a closer look at experiences around the country revealed widespread problems that, while immaterial to the outcome of the election, nonetheless indicate that much remains to be done …
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 23 J. Marshall J. Computer & Info. L. 563 (2005), Patricia Gerdes, Tim Scahill, Otto Shragal, Richard C. Balough, Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 23 J. Marshall J. Computer & Info. L. 587 (2005), Ryan Dry, Angela Hamilton, Jason Newman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll
2004 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 23 J. Marshall J. Computer & Info. L. 633 (2005), Ashley S. Kamphaus, Michelle M. Prince, Jon Paul Carroll
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Distributed Security: Preventing Cybercrime, 23 J. Marshall J. Computer & Info. L. 659 (2005), Susan W. Brenner, Leo L. Clarke
Distributed Security: Preventing Cybercrime, 23 J. Marshall J. Computer & Info. L. 659 (2005), Susan W. Brenner, Leo L. Clarke
UIC John Marshall Journal of Information Technology & Privacy Law
This article focuses on the modern development of cybercrime and how the current law enforcement model is inadequate to prevent and enforce computer-mediated crime. Specifically the article argues that the nation-states can better control the problem of cybercrime by replacing the current law enforcement model with that of a system of “distributed” security that uses criminal sanctions to employ reasonable measures to prevent and the perpetration of cybercrime. The article begins by defining the terms “law enforcement”, “crime”, and “cybercrime” and then moves on to discuss how the current model of law enforcement, as it stands today, is inept to …
The Legal Status Of Software, 23 J. Marshall J. Computer & Info. L. 711 (2005), Daniel B. Garrie
The Legal Status Of Software, 23 J. Marshall J. Computer & Info. L. 711 (2005), Daniel B. Garrie
UIC John Marshall Journal of Information Technology & Privacy Law
This article by cyberlaw specialist Daniel B. Garrie is intended to serve as a guide for judges to ensure that judicial decisions reflect an understanding of software’s multiple facets and its relation to the boundaries of the law. The article is designed to provide a high-level overview of software and then examine software in greater depth for specific legal areas likely to spawn legal disputes directly involving software. Included within the article are a brief overview of the current legal framework evolving with respect to software development (including an examination of the 2005 Supreme Court case Metro-Goldwyn-Mayer Studios, Inc. v. …
Lights, Camera, Action: Video Cameras As Tools Of Justice, 23 J. Marshall J. Computer & Info. L. 771 (2005), Matthew D. Thurlow
Lights, Camera, Action: Video Cameras As Tools Of Justice, 23 J. Marshall J. Computer & Info. L. 771 (2005), Matthew D. Thurlow
UIC John Marshall Journal of Information Technology & Privacy Law
In the continuing effort to convict only the guilty and free only the innocent increasing attention has focused on criminal confessions. Long a source of controversy, confessions are imperfect instruments with which to determine guilt or innocence. Police coerce confessions, and suspects under disabilities and without legal representation confess to crimes they did not commit. However, videotaping confessions and interrogations may be one way to improve the accuracy of this powerful piece of evidence. Whether used in interrogation rooms, during traffic stops, or as hand-held devices, video cameras have the potential to reduce the risks of wrongful convictions and, by …
Software Patents On Both Sides Of The Atlantic, 23 J. Marshall J. Computer & Info. L. 815 (2005), Jack George Abid
Software Patents On Both Sides Of The Atlantic, 23 J. Marshall J. Computer & Info. L. 815 (2005), Jack George Abid
UIC John Marshall Journal of Information Technology & Privacy Law
This comment addresses and analyzes the state of software patentability in the United States (“U.S.”) and European Union (“E.U.”). This comment discusses policies that drive changes and developments in patent law, the technical background of software, and the non-patent intellectual property protection for software. The comment further addresses the judicial precedent and the situation surrounding software patents in the U.S. and the legal situation in the E.U., including proposed changes in the Software Patent Directive. Finally, the article discusses common criticisms of current U.S. policies on software patentability by exposing the problems created by these policies and suggests corrective policies …
First Amendment Implications For E-Mail Threats: Are There Any Free Speech Protections?, 23 J. Marshall J. Computer & Info. L. 845 (2005), Joshua Azriel
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, Azriel explores how the First Amendment protects or does not provide protections to threatening e-mail communications. The article begins by examining seminal U.S. Supreme Court cases that dealt with threatening speech. The factors that provide the First Amendment protections are described, as well as the particular facts of each case and the Court’s findings. Azriel then looks at the Federal Threat Law and the factors that are enunciated in that legislation with regard to the protections afforded threatening communications, in addition to federal court cases that have interpreted the statute. The article then looks at several cases …
The Failure Of The Rule Of Law In Cyberspace?: Reorienting The Normative Debate On Borders And Territorial Sovereignty, 24 J. Marshall J. Computer & Info. L. 1 (2005), H. Brian Holland
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this article is to suggest a different perspective on the issue of extraterritorial regulation in cyberspace. The article begins by outlining the Johnson-Post-Goldsmith debate which addressed the significance and legitimacy of physical, geographically-defined borders and territorial sovereignty in the regulation of cyberspace. The debate focused primarily on two areas of disagreement: First, whether and to what extent the architecture of the Internet is borderless or boundary-destroying, so as to be resistant to regulatory regimes grounded in territorial authority; and second, whether and to what extent a nation may legitimately exercise its regulatory power extraterritorially, particularly in the …
No Place To Hide, 24 J. Marshall J. Computer & Info. L. 35 (2005), Robert J. O'Harrow Jr.
No Place To Hide, 24 J. Marshall J. Computer & Info. L. 35 (2005), Robert J. O'Harrow Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Robert O’Harrow, Jr., a reporter on the financial and investigative team of the Washington Post, recipient of the 2003 Carnegie Melon and Cyber Security Reporting Award, and Pulitzer Prize finalist, lectures on topics from his recent book, No Place to Hide. He discusses how data mining began as a way for marketing companies to gain information about consumers and, as technology evolved, developed into a way for the government to monitor its citizens. O’Harrow contends that since the government is using private companies to collect this data, it skirts regulation and accountability for privacy infringements. After discussing the problems concerning …
Do We Really Have No Place To Hide?, 24 J. Marshall J. Computer & Info. L. 57 (2005), Matthew Hector
Do We Really Have No Place To Hide?, 24 J. Marshall J. Computer & Info. L. 57 (2005), Matthew Hector
UIC John Marshall Journal of Information Technology & Privacy Law
This article is a book review of No Place to Hide, by Robert O’Harrow. The author begins his analysis of No Place to Hide by addressing concerns raised by O’Harrow regarding the balance between the private data aggregators like ChoicePoint and Acxiom and government investigators in reference to the goal of informational privacy policies. The author then goes into a detailed discussion of O’Harrow’s examination of the reasons for drafting the U.S. Patriot Act. Finally, the author discusses the central issue raised in No Place to Hide, and that is the unlimited ability to access certain information on the Internet …
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 24 J. Marshall J. Computer & Info. L. 97 (2005), Allyson Bennett, Christina Dallen, David Kestenbaum
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 133 (2005), Cherish M. Keller, Elaine Wyder-Harshman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Preventing "You've Got Mail"™ From Meaning "You've Been Served": How Service Of Process By E-Mail Does Not Meet Constitutional Procedure Due Process Requirements, 38 J. Marshall L. Rev. 1121 (2005), Matthew R. Schreck
UIC Law Review
No abstract provided.
Privatizing Information And Information Technology – Whose Life Is It Anyway?, 22 J. Marshall J. Computer & Info. L. 375 (2004), Ellen Dannin
UIC John Marshall Journal of Information Technology & Privacy Law
As the United States government collects personal and private information about each of us, the government must also consider ways of preventing that information from falling into the wrong hands. In the wrong hands, that information can be turned against the individual – from blackmailing to more nefarious acts, such as terrorism. However, the government trend of outsourcing information gathering tasks has dramatically increased the chances of the wrong people receiving sensitive information. The government has been outsourcing information gathering tasks because of their failure to develop sufficient in-house expertise to handle information gathering. A second reason is that some …
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
UIC John Marshall Journal of Information Technology & Privacy Law
This article explores the definition of the term “cyberterrorism” in light of available literature and recent legislation in an attempt to distinguish cyberterrorism from other cyber activities and crimes. Cyberterrorism is the convergence of terrorism and cyberspace. The author discusses the differences between true cyberterrorism – that is, actual harm caused by cyber attacks – versus less malignant attacks that do more to annoy than harm. The author points out that the main difference between cyberterrorism and other cyber attacks, such as hacking and cracking, is that cyberterrorists are politically motivated, while other cyber attackers have non-politic motives.
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
UIC John Marshall Journal of Information Technology & Privacy Law
Voter confidence that votes are accurately cast, counted, and kept are at an all time low. The traditional methods of voting has proven itself time and time again to be untrustworthy and unreliable, as evidenced recently in the 2000 presidential elections. The time is now ripe to thoroughly investigate alternative methods of casting ballots as a way to restore voter confidence in the electoral system. Using the Internet to assist the electoral system has emerged as a potential option in order to remedy many defects within the electoral process. However, Internet voting is untested and less transparent than traditional voting …
The Fourth Amendment And The Wiretap Act Fail To Protect Against Random Isp Monitoring Of E-Mails For The Purpose Of Assisting Law Enforcement, 22 J. Marshall J. Computer & Info. L. 493 (2004), Jim W. Ko
UIC John Marshall Journal of Information Technology & Privacy Law
This article takes the position that the Wiretap Act and the Electronic Communications Privacy Act (ECPA) does little to provide protection against internet service providers (ISPs) that randomly monitor e-mails for the purpose of turning over evidence of criminal activities to law enforcement officials. The article provides a background to the special privacy issues that arise in the context of computer technology and ISPs. An analysis of the Wiretap Act, as amended by the ECPA, reveals that an implicit statutory prohibition against random surveillance by ISPs for the purpose of assisting law enforcement does in fact exist. Further, remedies for …
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
UIC John Marshall Journal of Information Technology & Privacy Law
Section 1798.82 requires computer database operators to disclose security breaches involving personal data information to both the subjects of the data and the owners of the personal data. However, this commentary views Section 1798.82 with apprehension, but takes the position that much broader duties to disclose such breaches are already in place. This article begins with a discussion about legislation that expressly require disclosure of computer security breaches, such as Section 1798.82 and Article 4 of the European Union Telecommunications and Electronic Communications Privacy Directives. Then it follows with a discussion about legislation and common law that implicitly requires disclosure …
Dow Jones And The Defamatory Defendant Down Under: A Comparison Of Australian And American Approaches To Libelous Language In Cyberspace, 22 J. Marshall J. Computer & Info. L. 553 (2004), Richard L. Creech
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
UIC John Marshall Journal of Information Technology & Privacy Law
In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …