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Full-Text Articles in Computer Law

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld Oct 2001

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld

All Faculty Scholarship

As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.

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Tax Competition And E-Commerce, Reuven S. Avi-Yonah Sep 2001

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries …

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Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling Sep 2001

Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling

BYU Law Review

No abstract provided.

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Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet Aug 2001

Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet

Duke Law & Technology Review

Perhaps you have written an e-mail that looks something like this:

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Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin Jun 2001

Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin

Duke Law & Technology Review

With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer.

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Internet Regulation And Consumer Welfare: Innovation, Speculation, And Cable Bundling, John E. Lopatka, William H. Page Apr 2001

Internet Regulation And Consumer Welfare: Innovation, Speculation, And Cable Bundling, John E. Lopatka, William H. Page

UF Law Faculty Publications

The goal of telecommunications policy has shifted from the control of natural monopoly to the promotion of competition. But the question remains how extensive and persistent the government's regulatory role should be in the operation of communications markets. One might think that regulators could find the answer to this question in antitrust law. But antitrust has itself been torn between interventionist and laissez-faire tendencies. Over the past two decades, the dominant Chicago School approach to antitrust has focused on economic efficiency, a standard that has led to the abandonment or contraction of some categories of liability. More recently, however, post-Chicago …

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Trusting And Non-Trusting On The Internet, Tamar Frankel Apr 2001

Trusting And Non-Trusting On The Internet, Tamar Frankel

Faculty Scholarship

The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …

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Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde Mar 2001

Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde

Duke Law & Technology Review

The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.

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3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Mar 2001

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.

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Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde Feb 2001

Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde

Duke Law & Technology Review

Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.

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Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

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Data Mines And Battlefields: Looking At Financial Aggregators To Understand The Legal Boundaries And Ownership Rights In The Use Of Personal Data, 19 J. Marshall J. Computer & Info. L. 313 (2001), Julia Alpert Gladstone Jan 2001

Data Mines And Battlefields: Looking At Financial Aggregators To Understand The Legal Boundaries And Ownership Rights In The Use Of Personal Data, 19 J. Marshall J. Computer & Info. L. 313 (2001), Julia Alpert Gladstone

UIC John Marshall Journal of Information Technology & Privacy Law

Financial Web aggregation is a service that allows the customer to view all data from various accounts including financial institutions, stockbrokers, airline frequent flyer and other reward programs. Financial Web aggregation services may be offered on a stand-alone basis but the trend is to offer them in conjunction with other financial services, most commonly bill payment. HyperText Markup Language (“HTML”) technology is used to obtain the account information, this is most often done without the permission of the provider. The alternative to HTML connection is direct feed aggregation…the aggregator requires the implementation of specific software, i.e. Open Financial Exchange software. …

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Fair Warning: Preemption And Navigating The Bermuda Triangle Of E-Sign, Ueta, And State Digital Signature Laws, 19 J. Marshall J. Computer & Info. L. 401 (2001), Renard Francois Jan 2001

Fair Warning: Preemption And Navigating The Bermuda Triangle Of E-Sign, Ueta, And State Digital Signature Laws, 19 J. Marshall J. Computer & Info. L. 401 (2001), Renard Francois

UIC John Marshall Journal of Information Technology & Privacy Law

Problems with authenticity, integrity, and repudiation can create a barrier for both individuals and businesses using the Internet for transactions and negotiations. To help address these issues, the federal government enacted E-Sign. This statute protects consumers and ensures no signature will be denied legal effect. E-Sign is sometimes in conflict with state adopted statute, UETA. E-Sign has preemption provisions that are inconsistent with the goals of creating legal uniformity. This comment suggests amending E-Sign so that it is clear that any modification to UETA will cause the state’s version of UETA to be completely preempted.

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Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo Jan 2001

Self-Prescribing Medication: Regulating Prescription Drug Sales On The Internet, 20 J. Marshall J. Computer & Info. L. 57 (2001), Kristin Yoo

UIC John Marshall Journal of Information Technology & Privacy Law

"Online pharmacies, your friendly neighborhood drugstores." The Internet is not only a great telecommunication medium but also a low-cost and convenient commercial marketplace. It is no exception that online pharmacies flourished as a result, but the consequences of such development pose grave danger to the public and great challenges to regulations. The author discusses the benefits and risk of online pharmacies, the different types of online pharmacies, state governments' involvement in regulating online prescriptions and federal involvements. Despite both state and federal legislations and regulations, proliferation of online pharmacies, established inside and outside of the US, proves to be a …

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A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker Jan 2001

A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker

Faculty Publications

This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.

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Internet Jurisdiction Today, Adria Allen Jan 2001

Internet Jurisdiction Today, Adria Allen

Northwestern Journal of International Law & Business

This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …

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The Proposed E.U. Vat On Electronically Transmitted Services: Enforcement And Compliance Issues, Thomas Fawkes Jan 2001

The Proposed E.U. Vat On Electronically Transmitted Services: Enforcement And Compliance Issues, Thomas Fawkes

Northwestern Journal of International Law & Business

This paper will begin by discussing the current VAT system in the E.U. It will also describe in detail the provisions of the proposed VAT amendments as they affect electronic commerce transactions with respect to both B2B and B2C transactions. Next, the practical effects of the VAT amendments in terms of increased VAT revenue for the E.U. and its mem-ber states will be discussed. Following will be a discussion on the past and present failures of the E.U. and its Member States in encouraging and en-forcing compliance under the current VAT Directive, and the implication of such failures on the …

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Consequential Damages Exclusions Under Ucita, 19 J. Marshall J. Computer & Info. L. 295 (2001), Douglas E. Phillips Jan 2001

Consequential Damages Exclusions Under Ucita, 19 J. Marshall J. Computer & Info. L. 295 (2001), Douglas E. Phillips

UIC John Marshall Journal of Information Technology & Privacy Law

The Uniform Computer Information Transactions Act ("UCITA") elicits both love and hate, but decision time is here. Two states have enacted UCITA, several others are considering it, and UCITA choice-of-law clauses are already beginning to appear in software license agreements and other computer information contracts. This article focuses on how UCITA affects a pivotal issue: enforceability of contract clauses that exclude consequential damages. Losses from software development gone awry often far exceed the customer's investment and the developer's return. Under the Uniform Commercial Code, questions remain about the enforceability in certain circumstances of consequential damages exclusions. UCITA answers these questions …

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The Internal Revenue Service Is Shifting American Taxpayers From A Paper Based Filing System To Electronic Filing - Is The Irs Offering A Capable System That Protects Taxpayer Confidentiality?, 19 J. Marshall J. Computer & Info. L. 367 (2001), Anthony D. Skidmore Jan 2001

The Internal Revenue Service Is Shifting American Taxpayers From A Paper Based Filing System To Electronic Filing - Is The Irs Offering A Capable System That Protects Taxpayer Confidentiality?, 19 J. Marshall J. Computer & Info. L. 367 (2001), Anthony D. Skidmore

UIC John Marshall Journal of Information Technology & Privacy Law

The IRS utilizes Internet technology, such as electronic filing, to aid in the enormous task of processing individual tax returns annually. The Internal Revenue Service Restructuring and Reform Act of 1998 (“1998 Act”) allows signatures to be waived by the IRS or to provide alternative means of signing. Litigation challenging the IRS administration of its electronic filing program to date has been upheld. Recent decisions illustrate the authority the IRS has to set standards for participating in the electroinc filing system. Recent litigation surrounding the validity of refund-anticipation loans has been upheld, despite the annual percentage rate charged. Criminal litigation …

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The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu Jan 2001

The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

Broadcasters in both the U.S. and Canada were perplexed when iCraveTV.com began intercepting American and Canadian television signals and began broadcasting them for free over the Internet. Broadcasters in Canada contend that these type of actions constitute a violation of section 3 of the Canadian Copyright Act. Provisions of section 31(2) of the Copyright Act appear to allow new media broadcasters to rebroadcast signals in return for paying a tariff, however, these criterion must be meet: the communication must be a retransmission of a local or distant signal, the transmission must be lawful under the Broadcasting Act, the signal must …

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Privacy Protection For Electronic Communications And The “Interception Unauthorized Access” Dilemma, 19 J. Marshall J. Computer & Info. L. 435 (2001), Carlos Perez-Albuerne, Lawrence Friedman Jan 2001

Privacy Protection For Electronic Communications And The “Interception Unauthorized Access” Dilemma, 19 J. Marshall J. Computer & Info. L. 435 (2001), Carlos Perez-Albuerne, Lawrence Friedman

UIC John Marshall Journal of Information Technology & Privacy Law

When Congress foresaw the need for privacy protection for personal and commercial communications, it modified the Wire and Electronic Communications Interception and Interception of Oral Communications Act (“Wire-Tap Act”) through the Electronic Communications Privacy Act (ECPA) and added the Stored Communications Act to broaden the scope of prohibitions against electronic eavesdropping. Some questions, however, are raised by the interpretation of the Wiretap Act’s definition of “intercept” and the Stored Communications Act’s definition of “unauthorized access.” The authors of this comment explore the decisions in the cases Steve Jackson Games v. U.S. and Konop v. Hawaiian Airlines to resolve this question …

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Do You Want To Step Outside? An Overview Of Online Alternative Dispute Resolution, 19 J. Marshall J. Computer & Info. L. 457 (2001), William Krause Jan 2001

Do You Want To Step Outside? An Overview Of Online Alternative Dispute Resolution, 19 J. Marshall J. Computer & Info. L. 457 (2001), William Krause

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article discusses the different sites of online Alternative Means of Dispute Resolution (ADR). The author discusses Virtual Magistrate, settlement sites (focusing on ClickNSettle), SquareTrade, iLevel, Internet Neutral, and the Uniform Domain Name Resolution Process of the Internet Corporation for Assigned Names and Numbers. The second section of the article addresses the usefulness and policy issues surrounding online ADR. Among the issues discussed in this section are the effect on consumer confidence, jurisdiction and enforcement, fees, and limited hearings and discovery.

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Cyberslapp Suits And John Doe Subpoenas: Balancing Anonymity And Accountability In Cyberspace, 19 J. Marshall J. Computer & Info. L. 493 (2001), Shaun B. Spencer Jan 2001

Cyberslapp Suits And John Doe Subpoenas: Balancing Anonymity And Accountability In Cyberspace, 19 J. Marshall J. Computer & Info. L. 493 (2001), Shaun B. Spencer

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article examines the history of cyberSLAPP (Strategic Litigation Against Public Participation) suits. The second section looks at the conflicting goals of anonymity and accountability. The third section discusses how existing law does not adequately protection the people whose names are being subpoenaed. The final section proposes an amendment to the Electronic Communications Privacy Act.

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Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota Jan 2001

Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota

UIC John Marshall Journal of Information Technology & Privacy Law

This article is a casenote that examines the appellate decision in Amazon.com v. Barnesandnoble.com. The first section of the article reviews the history of business method patents and the precedent case of State St. Bank & Trust Co. v. Signature Fin. Group, Inc. The second section looks at the history of the Amazon.com case. The final section examines the major developments in business method patents since the Amazon.com case.

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Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis Jan 2001

Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …

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Cybermedicine: Mainstream Medicine By 2020/Crossing Boundaries, 19 J. Marshall J. Computer & Info. L. 557 (2001), Kim Solez, Sheila Moriber Katz Jan 2001

Cybermedicine: Mainstream Medicine By 2020/Crossing Boundaries, 19 J. Marshall J. Computer & Info. L. 557 (2001), Kim Solez, Sheila Moriber Katz

UIC John Marshall Journal of Information Technology & Privacy Law

Cybermedicine, or “the discipline of applying the Internet to medicine,” is rapidly becoming more and more mainstream, and it will ultimately transform medicine completely. Cybermedicine uses “global networking to educate, innovate and communicate in ways that promote medical practice, commerce, scholarship, and empowerment.” Cybermedicine is taking place all over the world and in all walks of life. Currently, Web and e-mail based programs connect doctors to patients, doctors to doctors, and patients to patients with numerous beneficial results. E-mail is particularly important today because not everyone has access to high-speed Internet connections. The impending improvements in technology and the possibilities …

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Issues For Healthcare Companies When Contracting With Asps, 19 J. Marshall J. Computer & Info. L. 569 (2001), Karen K. Harris Jan 2001

Issues For Healthcare Companies When Contracting With Asps, 19 J. Marshall J. Computer & Info. L. 569 (2001), Karen K. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article gives the reader information on what to look for when choosing an outsourcing or ASP provider. The second section provides information negotiating a service level agreement, including information on service levels, payment terms, customer responsibility, dispute resolution and confidentiality.

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Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers Jan 2001

Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers

UIC John Marshall Journal of Information Technology & Privacy Law

In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …

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Whose Genetic Information Is It Anyway? A Legal Analysis Of The Effects That Mapping The Human Genome Will Have On Privacy Rights And Genetic Discrimination, 19 J. Marshall J. Computer & Info. L. 609 (2001), Deborah L. Mclochlin Jan 2001

Whose Genetic Information Is It Anyway? A Legal Analysis Of The Effects That Mapping The Human Genome Will Have On Privacy Rights And Genetic Discrimination, 19 J. Marshall J. Computer & Info. L. 609 (2001), Deborah L. Mclochlin

UIC John Marshall Journal of Information Technology & Privacy Law

"There is no information more personal and private than one's genetic information" – one's DNA. Under the Human Genome Project, mapping of the human genetic code is under way. From this mapping of genetic code, information such as the likelihood of developing cancer, diabetes, etc. would certainly become available. Although this information may be helpful to one's health providers, companies and governments may begin to use this information to discriminate individuals based on their genetic predispositions. This article focuses on the current federal legislation while proposing a new federal legislation in light of this great genetic endeavor. Legislation "has always …

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The Electronic Communications Privacy Act: Does The Answer To The Internet Information Privacy Problem Lie In A Fifteen Year Old Federal Statute? A Detailed Analysis, 20 J. Marshall J. Computer & Info. L. 1 (2001), Henry M. Cooper Jan 2001

The Electronic Communications Privacy Act: Does The Answer To The Internet Information Privacy Problem Lie In A Fifteen Year Old Federal Statute? A Detailed Analysis, 20 J. Marshall J. Computer & Info. L. 1 (2001), Henry M. Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

In 1986, Congress enacted the Electronic Communications Privacy Act ("ECPA") to update and clarify federal privacy protections and standards in light of changes in new technologies. Since, then, however, the Internet has grown immensely and this article discusses whether a new federal legislation is needed to meet the challenge. The author starts his analysis by defining what is "information privacy right." Then, he discusses how this right is been used and misused on the Internet. Following such definition, he discussed the ECPA Title II in detail. He analyses provisions of the ECPA, including section 2701, the definition of "access," sections …

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