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Articles 91 - 120 of 173
Full-Text Articles in Computer Law
It Is Time For Investment Advisers To Join The Conversation About Social Media, 31 J. Marshall J. Info. Tech. & Privacy L. 423 (2014), Sarah Tanaka
UIC John Marshall Journal of Information Technology & Privacy Law
Section II will detail the creation of the SEC, including key that shaped the establishment, goals, and mission of the SEC. Furthermore, it will focus on who is an investment adviser under the Investment Advisers Act of 1940, the controlling legislation on the matter. Section II will also examine the SEC‟s current guidance on investment advisers‟ use of social media and the public policy behind the new provisions. With social media revolutionizing the way individuals communicate and share information, Section III will discuss the advantages and disadvantages of the current guidance regarding investment advisers‟ use of social media. It will …
Navigating Cybersquatting Enforcement In The Expanding Internet, 13 J. Marshall Rev. Intell. Prop. L. 321 (2014), Jordan A. Arnot
Navigating Cybersquatting Enforcement In The Expanding Internet, 13 J. Marshall Rev. Intell. Prop. L. 321 (2014), Jordan A. Arnot
UIC Review of Intellectual Property Law
It has always been a considerable task to police something as vast at the Internet for trademark violations and abuse. As the Internet develops with the ongoing launch of hundreds of new generic Top-Level Domains, so does the host of enforcement options available to those seeking to protect the value of trademarks and other intellectual property. This article outlines seven criteria to consider when selecting a remedy, or combination of remedies. The traditional cease and desist letter is still a viable and effective option, and so, of course, is litigation. These tools were greatly enhanced in 1999 when the Internet …
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
UIC Law Open Access Faculty Scholarship
Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …
Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson
Structure From Nothing And Claims For Free: Using A Whole-System View Of The Patent System To Improve Notice And Predictability For Software Patents, Holly K. Victorson
Michigan Telecommunications & Technology Law Review
No uniform or customary method of disclosure for software patents is currently employed by inventors. This Note examines the issues that develop from software patent claims disclosed at various levels of abstraction, and the difficulties encountered by courts and the public when investigating the contours of the software patent space. While the courts have placed some restrictions on the manner in which software inventions are claimed, they are easily bypassed by clever patent applicants who desire to claim the maximum scope of their inventions. In the long run, however, a large “patent thicket” of overlapping and potentially overbroad inventions will …
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Faculty Scholarship
This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
Meatspace, The Internet, And The Cloud: How Changes In Document Storage And Transfer Can Affect Ip Rights, Sharon Sandeen
Meatspace, The Internet, And The Cloud: How Changes In Document Storage And Transfer Can Affect Ip Rights, Sharon Sandeen
Faculty Scholarship
This article discusses the intellectual property issues from "meatspace" to online services and the Internet. It further explores intellectual property issues from the Internet to the Cloud. Finally, it discusses the implications of cloud computing for trade secret protection.
Review And Reflection: Copyright Hearings And Related Discourse In The Nation’S Capital, 13 J. Marshall Rev. Intell. Prop. L. 487 (2014), Maria A. Pallante
Review And Reflection: Copyright Hearings And Related Discourse In The Nation’S Capital, 13 J. Marshall Rev. Intell. Prop. L. 487 (2014), Maria A. Pallante
UIC Review of Intellectual Property Law
On February 28, 2014, the Register of Copyrights of the United States and Director of the U.S. Copyright Office Maria A. Pallante delivered a keynote speech on the copyright hearings and related discourse in the nation’s capital. The speech was given at The John Marshall Law School’s 58th Annual Intellectual Property Conference. This article is based on her speech at the Conference.
Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014), Bradley Ryba
UIC Review of Intellectual Property Law
The United States has long recognized broadcast television programming’s importance to the public’s information and entertainment needs. Accordingly, Congress has historically offered strong copyright protections for broadcast television networks. Those strong protections allowed broadcast networks to withstand business threats from innovations like cable television and VCRs. However, Congress’ recent silence on DVRs and cloud computing technology has allowed an entrepreneur to create the networks’ next biggest threat, Aereo. The creators of Aereo and similar businesses designed their services specifically around ambiguities within copyright law that could allow them to transmit networks’ content without paying the otherwise necessary consent fees. These …
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Oklahoma Law Review
“Secrets are lies. Sharing is caring. Privacy is theft.” So concludes the main character in Dave Egger’s novel, The Circle, in which a single company that unites Google, Facebook, and Twitter—and on steroids—has the ambition not only to know, but also to share, all of the world’s information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented, massive collection and retention …
Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin
Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin
Oklahoma Law Review
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these central Fourth Amendment concepts interact with the “object” of the search. That is unfortunate, because this interaction can have significant consequences. For instance, probable cause to believe that a search “might lead to evidence of wrongdoing” triggers a very different inquiry than probable cause to believe that a search “will produce evidence of criminal activity.” The failure to address the constraints that should be imposed on …
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Oklahoma Law Review
No abstract provided.
The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray
Oklahoma Law Review
No abstract provided.
Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway
Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway
Oklahoma Law Review
No abstract provided.
Ubiquitous Privacy, Thomas P. Crocker
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson
Oklahoma Law Review
Before moving on to my contribution about how the growing reliance on big data analytics may necessitate a slight modification to the ABA Standards on Law Enforcement Access to Third Party Records (LEATPR Standards), I would like first to pay a few compliments to the drafters of the LEATPR Standards for producing such a systematic, thoughtful, and elegant framework for considering Fourth Amendment freedoms. As anyone who writes about or teaches the Fourth Amendment knows, the doctrine remains a theoretical muddle. Yet, despite a minefield of conflicting precedent, the drafters of the LEATPR Standards have managed to construct a defensible …
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose
SMU Science and Technology Law Review
No abstract provided.
Book Review: Juries In The 21st Century, By Jacqueline Horan, Vanessa Macdonnell
Book Review: Juries In The 21st Century, By Jacqueline Horan, Vanessa Macdonnell
Canadian Journal of Law and Technology
In Juries in the 21st Century, Jacqueline Horan immerses the reader in a discussion of how jury trials operate, how they could be more effective, and how they should adapt to emerging technologies. The book makes three contributions to the existing legal literature. First, it challenges basic assumptions about how juries operate. Horan demonstrates that not all features of modern jury trials are essential or even useful. She argues convincingly that the existing features of the jury system should only be retained if they contribute positively to the process by which the jury arrives at a verdict. This leads Horan …
Cover Letter, Benjamin R. Fox
Cover Letter, Benjamin R. Fox
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the final issue of the Twentieth Volume. First published in 1995, JOLT isthe world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection oftechnology and the law. With this goal in mind, we are proud to announce the publication of the following articles.
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington
Richmond Journal of Law & Technology
“Banks Remain the Top Target for Hackers, Report Says,” is the title of an April 2013 American Banker article. Yet, no new comprehensive U.S. cyber legislation has been enacted since 2002, and neither legislative history nor the statutory language of the Computer Fraud and Abuse Act (CFAA) or Electronic Communications Privacy Act (ECPA) make reference to the Internet. Courts have nevertheless filled in the gaps—sometimes with surprising results.
Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman
Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman
Richmond Journal of Law & Technology
During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies, cybercrimes and payment systems, darknets, Tor and the “deep web,” Bitcoin; Liberty Reserve, Silk Road, and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly.
Cover Letter, Allison F. Rienecker
Cover Letter, Allison F. Rienecker
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2013-2014 academic year. This issue is published in conjunction with JOLT’s Symposium entitled “Information Governance: A Comprehensive Approach to e-Discovery.” Since its founding in 1995, JOLT has strived to publish relevant legal articles at the forefront of the technological field. With this goal in mind, we are excited to expand JOLT’s respected discussion of e-Discovery to the emerging field of Information Governance.
Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker
Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker
Richmond Journal of Law & Technology
Modern businesses are hosts to steadily increasing volumes of data, creating significant cost and risk while potentially compromising the current and future performance and stability of the information systems in which the data reside. To mitigate these costs and risks, many companies are considering initiatives to identify and eliminate information that is not needed for any business or legal purpose (a process referred to herein as “data remediation”). There are several challenges for any such initiative, the most significant of which may be the fear that information subject to a legal preservation obligation might be destroyed.
Cover Letter, Benjamin R. Fox
Cover Letter, Benjamin R. Fox
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its third issue of the 2013-2014 academic year. First published in 1995, JOLT is the world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. With this goal in mind, we are proud to announce the publication of the following articles.
Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman
Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman
Richmond Journal of Law & Technology
The future is now. Wearable computers such as Google Glass (Glass) have begun entering society—we see people wearing these devices on the streets, in classrooms, at parties, and elsewhere. Though most of these devices are not yet available to the public at large, there has been much hype over the impact Glass will have on our interactions, privacy, safety, and more. Although this Article will briefly address such controversial aspects, it will focus more narrowly on the potential utility of Glass in litigation.
Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler
Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Secondary Liability, Isp Immunity, And Incumbent Entrenchment, Marketa Trimble, Salil K. Mehra
Secondary Liability, Isp Immunity, And Incumbent Entrenchment, Marketa Trimble, Salil K. Mehra
Scholarly Works
More than fifteen years have passed since the two major U.S. statutes concerning the secondary liability of Internet service providers were adopted--the Communications Decency Act and the Digital Millennium Copyright Act. The statutes have been criticized; however, very little of the criticism has come from Internet service providers, who have enjoyed the benefits of generous safe harbors and immunity from suit guaranteed by these statutes. This Article raises the question of whether these statutes contribute to incumbent entrenchment--solidifying the position of the existing Internet service providers to the detriment of potential new entrants. The current laws and industry self-regulation may …
The Territoriality Referendum, Marketa Trimble
The Territoriality Referendum, Marketa Trimble
Scholarly Works
Many Internet users have encountered geoblocking tools – tools that prevent users from accessing certain content on the Internet based on the location from which the users are connecting to the Internet. Because at least some users want to access such content, they turn to tools that enable them to evade geoblocking, to appear on the Internet as if they were located in another location, and to access the content that is available in this other location. So far these activities appear to be under the radar of intellectual property (“IP”) owners, perhaps because geoblocking evasion by users for the …