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Articles 31 - 36 of 36
Full-Text Articles in Computer Law
Hacking Into Federal Court: Employee "Authorization" Under The Computer Fraud And Abuse Act, Thomas E. Booms
Hacking Into Federal Court: Employee "Authorization" Under The Computer Fraud And Abuse Act, Thomas E. Booms
Vanderbilt Journal of Entertainment & Technology Law
Few would disagree that computers play an important role in modern United States society. However, many would be surprised to discover the modest amount of legislation governing computer use. Congress began addressing computer crime in 1984 by enacting the Computer Fraud and Abuse Act (CFAA). The CFAA represented the first piece of federal legislation governing computer crimes and has undergone eight amendments to date, making it one of the most expansive criminal laws in the United States. In 1994, Congress added a civil provision opening the door for application of the statute in novel situations. Initially enacted to target crimes …
Law And The Emotive Avatar, Llewellyn J. Gibbons
Law And The Emotive Avatar, Llewellyn J. Gibbons
Vanderbilt Journal of Entertainment & Technology Law
The barriers between fantasy and reality in virtual worlds are becoming increasingly permeable. There is a rhetorical need among some legal scholars to distinguish between a law of virtual worlds or concepts of net-sovereignty and the so-called real world. These metaphorical distinctions are unhelpful and confuse the issues as to exactly what is being regulated. A more productive line of analysis is to consider the avatar as an extension of the individual or an agent of the individual in virtual spaces and then to shift the focus of analysis away from the avatar and back to the individual because it …
Opinionated Software, Meiring De Villiers
Opinionated Software, Meiring De Villiers
Vanderbilt Journal of Entertainment & Technology Law
Information security is an important and urgent priority in the computer systems of corporations, governments, and private users. Malevolent software, such as computer viruses and worms, constantly threatens the confidentiality, integrity, and availability of digital information. Virus detection software announces the presence of a virus in a program by issuing a virus alert. A virus alert presents two conflicting legal issues. A virus alert, as a statement on an issue of great public concern, merits protection under the First Amendment. The reputational interest of a plaintiff disparaged by a virus alert, on the other hand, merits protection under the law …
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
Vanderbilt Journal of Entertainment & Technology Law
This Article analyzes activity in virtual worlds that would constitute crime if they were committed in the real world. It reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. The Article then analyzes the criminalization of virtual conduct that inflicts "harm" in the real world and virtual conduct that only inflicts "harm" in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. Finally, it analyzes the necessity and propriety of criminalizing the second …
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
Vanderbilt Journal of Entertainment & Technology Law
Given that courts reviewing restrictions on the development and distribution of software are increasingly invoking the First Amendment, it should follow that software will receive strong protection. Yet, while there have been judicial decisions which lend credence to the view that the Constitution can be invoked to protect software, subsequent developments in this area, which I term "the new software jurisprudence" cast severe doubt on the ability of the courts to apply the First Amendment so as to shield software effectively. These developments include the faults of previous strains of First Amendment analysis and then add more, with the ironic …
Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers
Is There Judicial Recourse To Attack Spammers?, Ashley L. Rogers
Vanderbilt Journal of Entertainment & Technology Law
This Note will discuss the issue of non-commercial spam through the prism of a case recently decided by the California Supreme Court, Intel v. Hamidi. Until recently there was no federal regulation for unwanted electronic communication and common law was the only potential solution. Part I of this Note will discuss the nature of spam, focusing on the distinction between commercial e-mail and bulk e-mail and the importance therein. Part II will detail the history and the legal doctrine of trespass as it applies to the Internet. Part III will summarize the case of Intel v. Hamidi as it struggled …