Computer Law Commons^™

Apis And Copyright Protection: The Potential Impact On Software Compatibility In The Programming Industry, 16 J. Marshall Rev. Intell. Prop. L. 153 (2016), Daria Vasilescu-Palermo

UIC Review of Intellectual Property Law

In Oracle v. Google, the Federal Circuit set precedent when it decided to grant copyright protection to APIs. This comment examines the potential impact the computer programming industry will face now that APIs are deemed copyrightable. This comment also discusses Google s success in using fair use as an affirmative defense in order to use copyrightable APIs and what that means for the rest of the computer programming industry. Due to the fast-paced and ever-changing world of technology, this comment also proposes that the abstract-filtration-comparison test is the appropriate test to be used in determining API copyrightability if the issue …

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.

Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen

UIC Law Review

This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …

Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa

UIC Law Review

This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.

Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively

UIC Law Review

No abstract provided.

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. …

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …

Setting Parental Controls: Do Parents Have A Duty To Supervise Their Children’S Use Of The Internet?, 31 J. Marshall J. Info. Tech. & Privacy L. 309 (2014), Alberto Bernabe

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

“Bring Your Own Glass”: The Privacy Implications Of Google Glass In The Workplace, 30 J. Marshall J. Info. Tech. & Privacy L. 607 (2014), Anisha Mehta

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

E-Discovery: Reasonable Search, Proportionality, Cooperation, And Advancing Technology, 30 J. Marshall J. Info. Tech. & Privacy L. 433 (2014), Steven Bennett

UIC John Marshall Journal of Information Technology & Privacy Law

Rule 26(g)(1)(A) of the Federal Rules of Civil Procedure (the “Federal Rules”) requires that an attorney responding to a discovery request verify by signature, after “reasonable inquiry,” that the disclosure is, to the best of the attorney’s knowledge, “complete and correct.” In a digital environment, with masses of data in multiple formats and locations, the determination of whether a “reasonable” effort to meet the completeness requirement has occurred may turn on an assessment of the practices used to conduct a search of electronic materials. Those practices, in turn, must be judged on a standard of “proportionality” (i.e., that the effort …

From Morris To Nosal: The History Of Exceeding Authorization And The Need For A Change, 30 J. Marshall J. Info. Tech. & Privacy L. 465 (2014), Vasileios Karagiannopoulos

UIC John Marshall Journal of Information Technology & Privacy Law

This Article discusses and examines the various cases that pertain to the issue of exceeding authorized access throughout the years from United States v. Morris to the recent United States v. Nosal. Further, this Article thoroughly examines the Ninth Circuit’s approach regarding the issue of exceeding authorization; specifically, the need for the Ninth Circuit’s narrower interpretation in United States v. Brekka and Nosal. Finally, this Article proposes an alternative phrasing for the term “exceeding authorization,” and a revised interpretation of the phrase and the relevant offenses under the Computer Fraud and Abuse Act. This recommended interpretation suggests establishing different degrees …

Cloud Computing, Regulatory Compliance, And Student Privacy: A Guide For School Administrators And Legal Counsel, 30 J. Marshall J. Info. Tech. & Privacy L. 511 (2014), Steve Mutkoski

UIC John Marshall Journal of Information Technology & Privacy Law

Rapid change in the technology landscape has resulted in the introduction of a range of new technologies into the classroom. But unlike the past use of technology in schools, many of these new products and services introduce two new dynamics that school counsel (and the teachers and administrators they support) need to understand fully. First, many of these new products and services are run “in the cloud” by a third party service provider as opposed to on servers operated by the school’s information technology (IT) staff. This third party operation and control can raise important new regulatory compliance issues, including …

Bitcoins: Technological Innovation Or Emerging Threat?, 30 J. Marshall J. Info. Tech. & Privacy L. 535 (2014), R. Joseph Cook

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.