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Articles 31 - 60 of 73
Full-Text Articles in Computer Law
Face Recognition Technology: The Potential Orwellian Implications And Constitutionality Of Current Uses Under The Fourth Amendment, 20 J. Marshall J. Computer & Info. L. 321 (2002), Robert H. Thornburg
Face Recognition Technology: The Potential Orwellian Implications And Constitutionality Of Current Uses Under The Fourth Amendment, 20 J. Marshall J. Computer & Info. L. 321 (2002), Robert H. Thornburg
UIC John Marshall Journal of Information Technology & Privacy Law
Did you smile at the 2001 Super Bowl at Tampa's Raymond James Stadium? Hope you did because the facial recognition cameras certainly got your smile, applause, disappointment and kisses in that great American sports night. If you missed your 15-second of fame, try it again at the Salt Lake City Winter Olympics. With the use of facial recognition technology at the 2001 Super Bowl and Salt Lake City Winter Olympics, the author seeks to explore the use of this facial recognition technology. He further discusses the constitutionality of it under the Fourth Amendment. In doing so, he analyzes how facial …
Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv
Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv
UIC John Marshall Journal of Information Technology & Privacy Law
By analyzing two high-profile cybercrime cases, the authors discuss legal and procedural issues involved when gathering evidence across national borders. In US v. Gorshkov, the FBI was asked to investigate a series of intrusions into the computer systems of businesses in the US from Russia. The second incident is when system administrators at the Rom Air Development Center at Griffis Air Force Base in New York discovered hackers had installed password sniffer programs on all system networks. One of the hackers was identified to be a British citizen. The first thing to start a transnational evidence gathering is to determine …
E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An
E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An
UIC John Marshall Journal of Information Technology & Privacy Law
In a comparative study of the DSL service developments between the US and South Korea, the author discusses the strength of South Korea in this regard and how the US counterpart can learn from the examples. First, the author argues the laws and regulations in South Korea make the DSL deployment flourish. The urban development in Seoul, for example, gets people "wired" easier and cheaper as city dwellers live in multi-dwelling units. In addition, the forward thinking of the South Korean government in laying the Korean Information Infrastructure culminates this rapid development. With a comprehensive plan in place, the economics …
In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh
In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh
UIC John Marshall Journal of Information Technology & Privacy Law
Using the online gambling and gaming as the background, the author discusses the impact of the Wire Communications Act of 1961 and the Racketeer Influenced and Corrupt Organizations Act (RICO) on the gaming industry. The story goes like this: Bob stumbled upon an online gambling Web site. While excited, he charges his credit card to open a gambling account with the site. He did not need to leave home to enjoy this great adventure. However, when the luck runs out, Bob realizes he has $3,000 in debt. Unwilling to pay, Bob decides to sue someone. In the end, Bob decides …
O' Big Brother Where Art Thou?: The Constitutional Use Of Facial-Recognition Technology, 20 J. Marshall J. Computer & Info. L. 471 (2002), Susan Mccoy
UIC John Marshall Journal of Information Technology & Privacy Law
How to balance the protection of personal privacy and security in light of the use of facial recognition technology? The author argues that the use of facial recognition technology does not violate individual's Fourth Amendment rights to privacy. First, there is no reasonable expectation of privacy in public places. Second, the database used only contains the identities of known criminal and terrorists. Third, facial recognition technology only facilitates existing methods of screening and comparing mug shots of known criminals on the street. With these arguments, the author proposes suggestions to legislations that cover facial recognition or other biometric technologies. In …
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean
UIC John Marshall Journal of Information Technology & Privacy Law
Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
UIC John Marshall Journal of Information Technology & Privacy Law
On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …
A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann
UIC John Marshall Journal of Information Technology & Privacy Law
In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
UIC John Marshall Journal of Information Technology & Privacy Law
As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …
The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell
The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell
UIC John Marshall Journal of Information Technology & Privacy Law
In this review of the Titles I and II of the Digital Millennium Copyright Act, the author first discusses recent case laws affecting the Act. Then, he analyzes sections of the Act, such as the anti-circumvention provisions, constitutionality of the Act, the ISP safe harbor provision, etc. Within each sectional reviews, the author discusses case laws that exemplify courts' interpretation of the Act. In the end, the author discusses the future of the Act. First, he argues that the Act would be challenged under constitutional grounds. The Framers of the Constitution never intended to grant a perpetual monopoly for copyright …
Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr
Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr
UIC John Marshall Journal of Information Technology & Privacy Law
Using an airing of the Victoria Secret fashion show as an example, the author explores the definition of "indecency" in media. She first discusses the how FCC treats indecency in traditional media (radio, broadcast TV and cable). Then, she addresses numerous failed attempts of applying indecency on the Internet. Consequently, she compares and contrasts the different media. Lastly, she suggests a solution in this regard that would likely pass constitutional muster. The FCC can impose fines or prison sentences on radio and broadcasting licensees for "uttering any obscene, indecent or profane language by means of radio communications." As for cable …
2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh
2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …
2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell
2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Avoiding The Un-Real Estate Deal: Has The Uniform Electronic Transactions Act Gone Too Far?, 35 J. Marshall L. Rev. 311 (2002), Derek Witte
UIC Law Review
No abstract provided.
Free Speech In A Digital Economy: An Analysis Of How Intellectual Property Rights Have Been Elevated At The Expense Of Free Speech, 36 J. Marshall L. Rev. 109 (2002), Bernard E. Nodzon Jr.
Free Speech In A Digital Economy: An Analysis Of How Intellectual Property Rights Have Been Elevated At The Expense Of Free Speech, 36 J. Marshall L. Rev. 109 (2002), Bernard E. Nodzon Jr.
UIC Law Review
No abstract provided.
The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton
The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton
UIC Law Review
No abstract provided.
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
UIC Law Review
No abstract provided.
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
Northwestern Journal of International Law & Business
This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …
Vol. Ix, Tab 46 - Ex. 43 - Document Adwords Select™ - It's All About Results™, Google
Vol. Ix, Tab 46 - Ex. 43 - Document Adwords Select™ - It's All About Results™, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
The Magic Lantern Revealed: A Report Of The Fbi's New Key Logging Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, Woodrow Hartzog
Faculty Scholarship
Magic Lantern presents several difficult legal questions that are left unanswered due to new or non-existent statutes and case law directly pertaining to the unique situation that Magic Lantern creates. 25 The first concern is statutory. It is unclear what laws, if any, will apply when Magic Lantern is put into use.26 The recent terrorist attacks in the United States have brought the need for information as a matter of national security to the forefront. Congress recently passed legislation (i.e. USA PATRIOT Act) 27 that dramatically modifies current surveillance law, thus further complicating the untested waters of a …
Prospecting Or Cybersquatting: Registering Your Name Before Someone Else Does, 35 J. Marshall L. Rev. 287 (2002), Benjamin B. Cotton
Prospecting Or Cybersquatting: Registering Your Name Before Someone Else Does, 35 J. Marshall L. Rev. 287 (2002), Benjamin B. Cotton
UIC Law Review
No abstract provided.
Form And Substance In Cyberspace, A. Michael Froomkin
Form And Substance In Cyberspace, A. Michael Froomkin
Articles
In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true …
Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg
Digital Tv, Copy Control, And Public Policy, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Articles by Maurer Faculty
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector, despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon. Efforts to identify and bring to justice the perpetrators and to protect against future terrorist attacks, while threatening to weaken constitutional protections against government intrusions into personal …
Letter From The Editor, John Joseph Meadows
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 Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister
The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister
Faculty Works
As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's market for loyalties theory. Although originally applied to the regulation of broadcasting, the author contends that the market for loyalties theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as …
Into Contract’S Undiscovered Country: A Defense Of Browse-Wrap Licenses
Into Contract’S Undiscovered Country: A Defense Of Browse-Wrap Licenses
San Diego Law Review
The Internet is important not only because of its popularity, but also because of its power for innovation. The Internet has caused an explosion of new services and innovative types of commerce. The Internet has also changed the contours of the marketplace, creating a connected economy in which anyone with a computer and a phone line can do business directly with a maker of goods anywhere in the world and at any time. The Internet has even changed consumers themselves, empowering them with unlimited information about products. The Internet has also changed the relationship that consumers have with products created …
The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell
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.