Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (49)
- Science and Technology Law (43)
- Privacy Law (41)
- Intellectual Property Law (11)
- Legal Writing and Research (8)
-
- Entertainment, Arts, and Sports Law (4)
- Legal History (3)
- State and Local Government Law (3)
- Antitrust and Trade Regulation (2)
- Comparative and Foreign Law (2)
- International Law (2)
- Law and Economics (2)
- Legal Profession (2)
- Torts (2)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Commercial Law (1)
- Communications Law (1)
- Criminal Law (1)
- Economics (1)
- European Law (1)
- First Amendment (1)
- International Humanitarian Law (1)
- International Trade Law (1)
- Law and Society (1)
- Property Law and Real Estate (1)
- Sexuality and the Law (1)
- Social Welfare Law (1)
- Institution
- Keyword
-
- Software (3)
- Technology (3)
- Antitrust (2)
- Competition (2)
- Computers (2)
-
- Markets (2)
- CIAA (1)
- Clickwrap (1)
- Collections of Information Antipiracy Act (1)
- Commodore-64 (1)
- Compatibility (1)
- Computer Law (1)
- Computer technology (1)
- Copyleft (1)
- Copyright law (1)
- Cryptography (1)
- Cyberspace (1)
- DMCA (1)
- Data protection (1)
- Digital Marketplace Expenditures (1)
- Digital Millenium Copyright Act (1)
- Digital Property (1)
- East River Steamship Corp. v. Transamerica Delaval Inc (1)
- Economics (1)
- Encryption policies (1)
- European Union (1)
- Export control rules (1)
- Federal Copyright Law (1)
- Federal Trade Commission (1)
- Federal agencies (1)
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (40)
- UIC Law Review (4)
- Cardozo Arts & Entertainment Law Journal (3)
- Michigan Telecommunications & Technology Law Review (3)
- Articles (2)
-
- BYU Law Review (2)
- Faculty Publications (2)
- Richmond Journal of Law & Technology (2)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Federal Communications Law Journal (1)
- Florida State University Law Review (1)
- Washington Law Review (1)
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Computer Law
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono
One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono
BYU Law Review
No abstract provided.
Useful Arts In The Information Age, Alan L. Durham
Useful Arts In The Information Age, Alan L. Durham
BYU Law Review
No abstract provided.
To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen
Michigan Telecommunications & Technology Law Review
The patent system has traditionally been viewed as having two primary functions: the reward function and the prospect function. Although these theories do explain some behavior which results from the practical applications of the patent system, they also overlook some behavior of the patent system which indicates a failure of these functions. In order to properly prevent such failure, this paper proposes that the patent system adopt an orientation that will lead to increased innovative rivalry and competition. In Part I, using the computer operating system software market as an example, I propose a framework for reconceptualizing patent protection as …
Copyright, Licensing, And The First Screen , Ronald A. Cass
Copyright, Licensing, And The First Screen , Ronald A. Cass
Michigan Telecommunications & Technology Law Review
As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Michigan Telecommunications & Technology Law Review
Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Information Liability: The Possible Chilling Effect Of Tort Claims Against Producers Of Geographic Information Systems Data, Jennifer L. Phillips
Florida State University Law Review
No abstract provided.
Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington Law Review
In 1998, the Washington Legislature passed an historic law prohibiting the sending of commercial e-mail messages containing false or misleading information in the subject line or header. The law also permits companies that provide Internet services, known as Internet Service Providers (ISPs), to block the transmission or receipt of messages reasonably believed to violate the statute. However, the law fails to specify the permissible activities that an ISP may pursue to form such a reasonable belief. It thereby encourages a variety of intrusive ISP activities, such as message screening. Existing statutory and constitutional privacy law provides the only shield for …
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
Articles
No abstract provided.
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
UIC John Marshall Journal of Information Technology & Privacy Law
The Federal Circuit's ruling in State Street Bank Trust Co. v. Signature Financial Group, Inc. represented a paradigm shift in subject matter jurisprudence. Historically, software has been unpatentable because it included a mathematical algorithm, could not pass the physicality test, and was subject to the business methods exception. The State Street ruling expanded the scope of patentable subject matters by focusing on other aspects of patentability such as novelty, nonobviousness, and utility. State Street refreshingly modernizes patent law for improved application to today's evolving high technology industries. In "Computer Software: Patentable Subject Matter Jurisprudence Comes of Age," the author examines …
Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman
Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman
UIC John Marshall Journal of Information Technology & Privacy Law
This comment will discuss the technology behind electronic document certification: digital signatures which enable parties to sign their names electronically to documents over the Internet. Part II of this comment will begin by discussing the traditional role of the notary in business transactions. Part II will also introduce encryption technology, digital signature technology, and how a CA can provide extremely reliable electronic document certification using such technologies. Part III will discuss the applications where this technology is being used today, albeit sparingly. Part III further discusses an application currently in development that will use digital signature technology in the future …
The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski
UIC John Marshall Journal of Information Technology & Privacy Law
Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch
UIC John Marshall Journal of Information Technology & Privacy Law
The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
UIC John Marshall Journal of Information Technology & Privacy Law
Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …
Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey
UIC John Marshall Journal of Information Technology & Privacy Law
Patent cases use a "preponderance of the evidence" standard of proof, unless the validity of a patent is in question, in which case the standard is "clear and convincing evidence." The comment examines the meaning of the standards in their application to United States patent practice. After giving examples with interference and infringement cases, the comment argues that the vast majority of cases are decided on evidence not presented to the Patent and Trademark Office (PTO) during prosecution of the patent. The assumption that a patent is valid is based on the thorough examination it receives prior to its allowance …
Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith
UIC John Marshall Journal of Information Technology & Privacy Law
Despite the popularity in the area of securities trading and all of the new challenges the Internet brings to the area of securities fraud, Congress has not chosen to react with new legislation. Instead, Congress has chosen to remedy the problems through the use of existing laws that were written over fifty years ago. This decision by Congress is at odds with other decisions it has made with respect to other areas of law that have been impacted by the Internet. Congress reacted to the effects of the Internet on gambling with proposed legislation aimed specifically at problems the Internet …
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
UIC John Marshall Journal of Information Technology & Privacy Law
The CD-ROM has infiltrated every part of the legal profession, from research and learning aids to information storage. The newest technological advancement to enter the profession is the CD-ROM brief. In 1997, the first three CD-ROM briefs were filed with the federal judiciary, and the courts seem more than eager to continue their use. As with all new things, there are critics. Those opposed to CD-ROM briefs believe that they will adversely affect the standard of review, efficiency and finality of decisions in the trial and appellate courts and prejudice the less affluent. These concerns, however, are unfounded. The appellate …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
UIC John Marshall Journal of Information Technology & Privacy Law
The value of U.S. based electronic commerce (e-commerce) transactions was estimated to be $43 billion in 1998 and is projected to grow to $1.3 trillion by 2003, totaling over nine percent of total U.S. business sales. Governments have embraced e-commerce as a positive development that should be encouraged. Many of our states and foreign countries have responded by enacting legislation regarding the enforceability of e-commerce transactions. There are three fundamental issues surrounding online commerce. These issues are: 1) whether the transaction is legal; 2) whether the message can be trusted; and 3) what are the rules of conduct. Concerning the …
Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber
Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber
UIC John Marshall Journal of Information Technology & Privacy Law
There is an ominous traffic sign on the electronic superhighway to that much- ballyhooed paperless society. It reads: "Road Under Construction--Completion Date Unknown." To be sure, the vaunted superhighway does extend, perfectly paved, for a good distance, as anyone who has ever made a paperless purchase on the Internet will attest, but the highway engineers have so far been stymied from reaching their digital Valhalla by practical hurdles. And there is another hitch: many travelers do not want to get on the superhighway no matter how far it extends. They prefer unpaved horse-and-buggy thoroughfares that are slower but seem to …
Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen
Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen
UIC John Marshall Journal of Information Technology & Privacy Law
This essay addresses the use of digital signature technology and the certification authority, and poses the fundamental question of whether the traditional notary public should really serve as the model for the new position of certification authority. This paper begins with an historical review of the concern about document security and the measures taken to deal with those concerns. Second, the paper includes a very brief overview of the technological aspects of the digital signature and its value in the global marketplace. Next, this essay examines the similarities between the traditional notary and the certification authority, including the functions and …
The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards
The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards
UIC John Marshall Journal of Information Technology & Privacy Law
With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …
The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders
The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders
UIC John Marshall Journal of Information Technology & Privacy Law
Both businesses and private individuals are trying to protect the confidentiality of electronic proprietary data and communications through the use of encryption technology. Encryption technology includes methods such as digital encryption, which uses an encryption algorithm to convert a plain text message to an encoded ciphertext. However, the use of such technology raises concerns for the federal law enforcement and national security authorities, who are concerned that criminals and terrorists will use the technology for their own purposes. Thus, the federal government has used United States national security policy coupled with law enforcement strategies to shape the regulation of encryption …
Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers
Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment argues that the potential liability of digital signatures under the Act is too great and, therefore, is not an effective mode of communication. Part II of this Comment explains the purpose, the significance, and the traditional role of the handwritten signature. Furthermore, Part II establishes the basics of the digital signature process as it relates to each participant. The participants in a digital signature process consist of a subscriber, a recipient, and a certification authority. Part III of this Comment analyzes and argues why the use of digital signatures, under the Act, is too great of a liability …
The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio
The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio
UIC John Marshall Journal of Information Technology & Privacy Law
As Internet technology continues to expand and individuals continue to "log-on" at an ever-increasing rate, business transactions via computers have quickly expanded. Electronic commerce has become a widely accepted way of entering transactions and consummating deals. Consequently, millions and even billions of dollars change hands in transactions utilizing electronic commerce daily. These transactions are conducted between individuals who often have had no prior business relationship with each other. As a result, the need for a trusted third party to authenticate these transactions has become absolutely necessary. However, the laws governing the financial responsibility of these trusted third parties, or certification …
Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack
Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack
UIC John Marshall Journal of Information Technology & Privacy Law
To untangle some of the issues involved in the current digital signature/encryption technology debate, this article will first discuss the relevant technologies and their applications in the online environment. This discussion will demonstrate that while digital signature technology utilizes encryption as part of its process, in most instances, its primary purpose is not the confidentiality of a particular Internet transmission, but the ability to authenticate and verify the participants in an online communication. This article will further explore the competing interests involved in the encryption/digital signature debate by analyzing recent case authority and administrative policies that address the government's ability …
A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye
A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye
UIC John Marshall Journal of Information Technology & Privacy Law
This comment reviews the proposed code for Certification Authorities section by section and comments on its usefulness in the current legal paradigm.