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Articles 61 - 90 of 119

Full-Text Articles in Computer Law

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller Jan 2007

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller Jan 2007

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.


From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell Jan 2007

From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell

Richmond Journal of Law & Technology

A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …


The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert Jan 2007

The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert

Richmond Journal of Law & Technology

Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …


A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg Jan 2006

A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg

Richmond Journal of Law & Technology

Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5


Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood Jan 2006

Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood

Richmond Journal of Law & Technology

In the twenty-first century, persons involved in the legal profession will be forced to confront technological issues. Computers and technology have pervaded every aspect of society, and the legal system is no exception. The discovery process is a dramatic example of how lawyers and courts strain to keep up with technological advances. Traditional discovery practices have been severely overhauled as electronic information becomes increasingly prevalent. What was once a simple discovery request can now become an overwhelming task, as defendants must wade through a plethora of electronic documents in an attempt to comply with the court’s discovery orders.


Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura Jan 2006

Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura

Richmond Journal of Law & Technology

The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem. However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various …


Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman Jan 2006

Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman

Richmond Journal of Law & Technology

The incidence of phishing, a form of internet fraud, has increased dramatically since 2003. Identity thieves searching for vulnerabilities in internet security have realized that customers are the weak link. Using mass e-mailings and websites purporting to be those of well-known and trusted corporations, “phishers” trick customers into revealing personal and financial information.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player Jan 2006

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue.


Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker Jan 2006

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.


Once And Future Copyright, James Gibson Nov 2005

Once And Future Copyright, James Gibson

Law Faculty Publications

Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …


Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements Jan 2005

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar Jan 2005

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.


New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers Jan 2004

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

University of Richmond Law Review

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2004

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2004

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.


An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle Jan 2004

An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle

Richmond Journal of Law & Technology

This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.


A Topic Both Timely And Timeless, James Gibson Jan 2004

A Topic Both Timely And Timeless, James Gibson

Law Faculty Publications

Electronic discovery therefore represents one of the most momentous developments in the everyday life of the modern lawyer. Its effect on civil litigators is obvious, but other lawyers need to pay heed to the issue as well. Transactional attorneys, legislative aides, prosecutors, in-house counsel, and anyone else with legal responsibilities must be aware of the consequences of using electronic means of documentation and communication. Even an act as innocuous as sending an e-mail (an act that occurs thirty-one billion times a day7) creates a digital paper trail that is subject to discovery. Delete a client 's e-mails - or close …


A Topic Both Timely And Timeless, James Gibson Jan 2004

A Topic Both Timely And Timeless, James Gibson

Richmond Journal of Law & Technology

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2003

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

No abstract provided.


Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric Engle Jan 2003

Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric Engle

Richmond Journal of Law & Technology

The application of computer science in the law has largely, and productively, centered on educational programs and programs generating and managing databases and data management. Some limited work, however, has been done in the use of artificial intelligence (“AI”) to present models of legal decision-making. The majority of the work involving AI in the law, as the majority of work in AI generally, has focused on developing expert systems. An expert system attempts to solve one problem, or one class of problems well and should be distinguished from general systems, which seek to solve any problem. While databases and didactic …


California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner Jan 2003

California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner

Richmond Journal of Law & Technology

Attacks on poorly-secured information systems containing personal information are nearing epidemic proportion. Hardly a month passes without a news story regarding a security breach that exposed hundreds or thousands of data subjects’ personal information. As dependence on e-Commerce continues to expand, personal information stolen from poorly secured systems is becoming a multi-billion-dollar industry.


Letter From The Editor, John Joseph Meadows Jan 2003

Letter From The Editor, John Joseph Meadows

Richmond Journal of Law & Technology

On behalf of the Editorial Board and the entire staff, welcome to this second issue of our Ninth Volume for the Richmond Journal of Law & Technology. This issue consists of four pieces and we are excited to present such a wide range of topics.


Patterson V. Commonwealth: An Illustration Of The Legal Complexity Of Dna Databases, Audrey J. Burges Jan 2003

Patterson V. Commonwealth: An Illustration Of The Legal Complexity Of Dna Databases, Audrey J. Burges

Richmond Journal of Law & Technology

In the old-fashioned drawing-room murder mysteries, the villain usually eliminated his target in some Victorian manner - asphyxiation in bed with a pillow, drowning in a clawed-foot tub, stabbing in the back with a letter opener - and then skulked away, convinced he had committed the perfect crime. In the plot of these mysteries, the foil to the crime always proved to be the experienced detection of a meticulous sleuth. AgathaChristie would use the skills of Hercule Poirot or Miss Marple within the plot of her novels to detect the one flaw in the murderer's technique. Perhaps there was some …


Technology Law, J. Douglas Cuthbertson, Glen L. Gross Nov 2002

Technology Law, J. Douglas Cuthbertson, Glen L. Gross

University of Richmond Law Review

No abstract provided.


Letter From The Editor, John Joseph Meadows Jan 2002

Letter From The Editor, John Joseph Meadows

Richmond Journal of Law & Technology

Welcome, readers, to the ninth year of publication at the Richmond Journal of Law and Technology. The entire Journal Editorial Board and Staff are pleased to report that our inundation with submissions since last Spring has permitted us to be quite choosy in selecting articles for this Issue and we hope you will enjoy them and find them to be insightful and current.


The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell Jan 2002

The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell

Richmond Journal of Law & Technology

On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.


In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy Jan 2002

In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy

Richmond Journal of Law & Technology

Imagine that you wake up one morning, turn on your computer, and open an e-mail message with a catchy phrase in the subject line. Immediately after opening the e-mail’s attachment, your personal computer is severely damaged. Obviously having a bad day, you head to your job as an attorney for a multinational corporation. By the time you arrive at work, there has been damage to company computers across the globe. The monetary costs of the damage, coupled with the downtime, are astronomical. The CEO of your company is furious. You hope to diffuse the situation by informing your boss that …


Letter From The Editor, Dharmesh Vashee Jan 2001

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the third issue of The Richmond Journal of Law and Technology's seventh publication term! The 2000-2001 academic year has proved to be one of the most productive and exciting in the Journal's decorated history. Our Editorial Board and staff have done a phenomenal job on the Journal's seventh volume and we are very proud of the issue we have worked to prepare for you today.


The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner Jan 2001

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …