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Articles 61 - 90 of 145
Full-Text Articles in Computer Law
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders
Federal Communications Law Journal
In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …
Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft
Distilling Ashcroft: The Ninth Circuit’S Application Of National Community Standards To Internet Obscenity In United States V. Kilbride, Eric B. Ashcroft
BYU Law Review
No abstract provided.
Databases And Dynamism, Michal Shur-Ofry
Databases And Dynamism, Michal Shur-Ofry
University of Michigan Journal of Law Reform
Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. Accordingly, scholarship on copyright protection of databases typically concentrates on the social need to access their content. This Article seeks to shift the focus of the debate, arguing that the copyrightdatabases debate is not merely a static "access to information" story. Instead, it is a dynamic story of relations, hierarchies, and interactions between pieces of information, determined by database creators. It is also a story of patterns, categories, selections, and taxonomies that are often invisible to the naked eye, but that influence our perceptions …
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
Vulnerable Software: Product-Risk Norms And The Problem Of Unauthorized Access, Richard Warner, Robert H. Sloan
All Faculty Scholarship
Unauthorized access to online information costs billions of dollars per year. Software vulnerabilities are a key. Software currently contains an unacceptable number of vulnerabilities. The standard solution notes that the typical software business strategy is to keep costs down and be the first to market even if that means the software has significant vulnerabilities. Many endorse the following remedy: make software developers liable for negligent or defective design. This remedy is unworkable. We offer an alternative based on an appeal to product-risk norms. Product-risk norms are social norms that govern the sale of products. A key feature of such norms …
Supervising Managed Services, James B. Speta
Supervising Managed Services, James B. Speta
Faculty Working Papers
Many Internet-access providers simultaneously offer Internet access and other services, such as traditional video channels, video on demand, voice calling, and other emerging services, through a single, converged platform. These other services—which can be called "managed services" because the carrier offers them only to its subscribers in a manner designed to ensure some quality of service—in many circumstances will compete with services that are offered by unaffiliated parties as applications or services on the Internet. This situation creates an important interaction effect between the domains of Internet access and managed services, an effect that has largely been missing from the …
The Board's Responsibility For Information Technology Governance, 28 J. Marshall J. Computer & Info. L. 313 (2011), Lawrence J. Trautman, Kara Altenbaumer-Price
The Board's Responsibility For Information Technology Governance, 28 J. Marshall J. Computer & Info. L. 313 (2011), Lawrence J. Trautman, Kara Altenbaumer-Price
UIC John Marshall Journal of Information Technology & Privacy Law
With accusations that boards of directors of financial institutions were asleep at the wheel while their companies engaged in risky behavior that erased millions of dollars of shareholder value and plunged the country into recession, increasing pressure is now being placed on public company boards to shoulder the burden of risk oversight for the companies they serve. This article provides an overview of some of the main considerations relative to every director’s duty to govern IT risk. In particular, this comment will address directors’ roles in the risk oversight of the corporations they serve, their role in governance of IT, …
The Need For Better Analysis Of High Capacity Services, 28 J. Marshall J. Computer & Info. L. 343 (2011), George S. Ford, Lawrence J. Spiwak
The Need For Better Analysis Of High Capacity Services, 28 J. Marshall J. Computer & Info. L. 343 (2011), George S. Ford, Lawrence J. Spiwak
UIC John Marshall Journal of Information Technology & Privacy Law
In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …
My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson
My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson
UIC John Marshall Journal of Information Technology & Privacy Law
This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …
Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch
UIC John Marshall Journal of Information Technology & Privacy Law
In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that schools …
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
UIC John Marshall Journal of Information Technology & Privacy Law
The pertinent questions therefore are: first, could software vulnerabilities be obviated simply by ameliorating factors responsible for market failure as canvassed by the literature on the economics of software security, drawing on the strength of the theory of information asymmetry, or are vulnerabilities inevitable irrespective of market dynamics and solutions? Second, to what extent is vulnerabilities research or the surreptitious exploitation of software vulnerabilities by hackers tantamount to trespass, and what are the legal implications, if any? Third, to what extent is the peddling of software vulnerabilities valid or enforceable in law? Fourth, what are the implications of software vulnerabilities …
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, 28 J. Marshall Computer & Info. L. 523 (2011), Moonho Song, Carrie Leonetti
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, 28 J. Marshall Computer & Info. L. 523 (2011), Moonho Song, Carrie Leonetti
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Carry That Weight: Victim Privacy Within The Military Sexual Assault Reporting Methods, 28 J. Marshall Computer & Info. L. 551 (2011), Emily Hansen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson
Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 75 (2011), Russell Bottom, Matthew T. Andris, Robin Ann Sowizrol
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 75 (2011), Russell Bottom, Matthew T. Andris, Robin Ann Sowizrol
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 103 (2011), Nate Lindsey, Chris Omlid
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 103 (2011), Nate Lindsey, Chris Omlid
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 139 (2011), Elena Jacob, Steven Osit, Darya Zuravicky
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 139 (2011), Elena Jacob, Steven Osit, Darya Zuravicky
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman
UIC Review of Intellectual Property Law
Behavioral targeting (“BT”) is an advertising technique that receives a great deal of attention due in part to the balkanized self-regulatory policies that address consumer protection issues. The majority of the self-regulation policies, including the BT principles proposed by the Federal Trade Commission (“FTC”) focus on privacy issues but fail to discuss the impact BT may have on the right to control the commercial use of one’s identity. In discussing the right of publicity, many legal scholars agree that everyone has a right to control the commercial use of his or her identity, regardless of his or her status as …
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes
UIC Law Review
No abstract provided.
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Global Business Law Review
In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach, this article explores …
Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson
Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson
Cleveland State Law Review
We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …
An Overview Of Small Scale Digital Forensics, Susan Fowler
An Overview Of Small Scale Digital Forensics, Susan Fowler
Senior Honors Theses and Projects
No abstract provided.
Kindle Forensics: Acquisition & Analysis, Peter Hannay
Kindle Forensics: Acquisition & Analysis, Peter Hannay
Journal of Digital Forensics, Security and Law
The Amazon Kindle eBook reader supports a wide range of capabilities beyond reading books. This functionality includes an inbuilt cellular data connection known as Whispernet. The Kindle provides web browsing, an application framework, eBook delivery and other services over this connection. The historic data left by user interaction with this device may be of forensic interest. Analysis of the Amazon Kindle device has resulted in a method to reliably extract and interpret data from these devices in a forensically complete manner.
Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly
Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly
Journal of Digital Forensics, Security and Law
Digital forensic practitioners are faced with an extraordinary opportunity. In fact, we may never again be faced with such an opportunity, and this opportunity will challenge us in ways we may never again be challenged. At this point in the history of the Digital Forensics profession, digital forensic specialists have the unique opportunity to help this profession emerge from its infancy. But for this profession to mature -- and to flourish -- individuals and organizations integral to the practice must assemble and shape its future. This is our opportunity. In fact, this is our mandate.
Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler
Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler
Journal of Digital Forensics, Security and Law
As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the …
Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday
Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday
Journal of Digital Forensics, Security and Law
Electronic Mail (E-Mail), which is one of the most widely used applications of Internet, has become a global communication infrastructure service. However, security loopholes in it enable cybercriminals to misuse it by forging its headers or by sending it anonymously for illegitimate purposes, leading to e-mail forgeries. E-mail messages include transit handling envelope and trace information in the form of structured fields which are not stripped after messages are delivered, leaving a detailed record of e-mail transactions. A detailed header analysis can be used to map the networks traversed by messages, including information on the messaging software and patching policies …
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
UIC Law Review
No abstract provided.
Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011), Doris E. Long
Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011), Doris E. Long
UIC Law Open Access Faculty Scholarship
Trademarks have long suffered from an "ugly stepsister" status in the realm of intellectual property. Quasi-market regulation tool, quasi-investment property; trademark's historical role as both consumer-information signifier and producer-investment asset has led to increasingly confusing dichotomous treatment under the Lanham Act. The potentially borderless markets of cyberspace, with their new marketing techniques and new competitive spaces, have only heightened this confusion. Stumbling attempts to extend protection for marks under the Lanham Act beyond traditional notions of trademark use and consumer confusion to encompass the investment protection side of trademarks, such as the development of federal dilution and anti-cybersquatting acts, only …