Computer Law Commons^™

Bringing Online Dispute Resolution To Virtual Worlds: Creating Processes Through Code, Ethan Katsh

NYLS Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, John A. Rothchild

Law Faculty Research Publications

No abstract provided.

Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson

Canadian Journal of Law and Technology

As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …

Wasting Time In Cyberspace: The Udrp's Inefficient Approach Toward Arbitrating Internet Domain Name Disputes, Chad D. Emerson

University of Baltimore Law Review

No abstract provided.

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

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

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

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 …

Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield

Articles by Maurer Faculty

Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations.

A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …

Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine

NYLS Law Review

No abstract provided.

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.

Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin

NYLS Law Review

No abstract provided.

Virtual Worlds As Comparative Law, James Grimmelmann

NYLS Law Review

No abstract provided.

Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford

NYLS Law Review

No abstract provided.

Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy

NYLS Law Review

No abstract provided.

Virtual Crimes, Gregory Lastowka, Dan Hunter

NYLS Law Review

No abstract provided.

Legal Aesthetics Of The Family And The Nation: Agoraxchange And Notes Toward Re-Imaging The Future, Jacqueline Stevens

NYLS Law Review

No abstract provided.

United States V. Irving, Jared Spitalnick

NYLS Law Review

No abstract provided.

Violence In Virtual Societies, Peter Judmaier, Jorg Piringer

NYLS Law Review

No abstract provided.

Foreign Investment Restrictions As Industrial Policy: The Case Of Canadian Telecommunications, Robert Crandall, Hal Singer

Canadian Journal of Law and Technology

We assess the economic harms that would accrue if Canada were to adopt asymmetric rules of foreign ownership for incumbent carriers and entrants. We explain the current Canadian regulatory climate surrounding foreign investment in Canadian telecommunications. Competition in the telecommunications industry is generally robust, which suggests that rules aimed at favouring entrants are not necessary. Moreover, Canadian entrants are equally capable of attracting foreign capital as Canadian incumbents, which suggests that foreign investment rules aimed at favouring entrants are especially unwise.

Next, we review the U.S. attempt to stimulate competition in local telecommunications markets through an analogous form of asymmetrical …

Turning Worms: Some Thoughts On Liabilities For Spreading Computer Infections, Richard Owens

Canadian Journal of Law and Technology

Two aspects of the virus/worm liability problem are of particular note. The first is how tightly the Internet binds together many possible defendants; those who build and run it, those who populate it with increasingly complex electronic commerce Web sites, those who provide terminal software, those who send electronic mails, those who design its security algorithms, those who insure it, and those who hack it, amongst others.

The second aspect is how speculative such a review is. Little case law pertains. Even the language of the law(what does it really mean when we assess liability on the basis of a …

Les Consommateurs Et Les Clubs Vidéo Ont-Ils Le Droit De Modifier Les Films À Leur Guise?, René Pépin

Canadian Journal of Law and Technology

Dans un premier temps, nous voulons étudier le litige en cours. Même si aucune décision sur le fond n’est susceptible d’être rendue à court terme, nous pouvons scruter les prétentions des parties et voir l’état du droit aux États-Unis sur ce sujet. Nous examinerons ensuite comment cette problématique serait traitée au Canada.

Et c’est ici que la question soulevée dans le litige revêt tout son intérêt, car elle met en jeu des notions fonda- mentales en matière de droit d’auteur. On devra ainsi se demander si le fait pour une personne ou une entreprise de retrancher des séquences représentant quelques …

Law As Film: Representing Justice In The Age Of Moving Images, Shulamit Almog, Ely Aharonson

Canadian Journal of Law and Technology

Two main theses are presented here. The first is that there is a conceptual resemblance between the ways in which messages are transmitted in the courtroom and the ways in which they are transmitted in the cinema. The second is that the evolution of legal procedure is being influenced by developments taking place in visual culture generally and film specifically. Taken together, these theses lead to the conclusion that the development of a theory of ‘‘law-as-film’’ can provide insights into the contemporary practice of law that might otherwise be overlooked.

Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine Galbraith Davik

Faculty Publications

The Computer Fraud and Abuse Act (CFAA) was originally enacted in 1984 as a criminal statute to address hacking and the growing problem of computer crime. Recently, however, in an attempt to control competition and maintain market share, a number of companies have sought to prevent entities they deem unwelcome from obtaining data on their websites. Utilizing the civil action provisions of the CFAA, these companies have surprisingly succeeded in convincing federal courts that hacking includes accessing and using the factual information a company has chosen to post on a publicly available website. Despite the fact that many of the …

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Faculty Scholarship

The subject matter we are going to talk about is variously named and thewords have some resonances of importance. I am going to use the phrase "Free Software" to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.

My purpose this …

Internet Contracting And Standard Terms In The Global Electronic Age: Perspectives For Japan, James Maxeiner

All Faculty Scholarship

This piece is intended to show Japanese law students how their own everyday experiences raise significant domestic and international legal questions. It shows that a seemingly technical matter need not be boring, but can provide an example of practical application of law internationally and of the benefits that knowledge of foreign law can bring in assisting in understanding and improving domestic law. It discusses standard terms in licenses of information and software.