Computer Law Commons^™

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Federal Trade Commission's Commitment To On-Line Consumer Protection, 15 J. Marshall J. Computer & Info. L. 679 (1997), Roscoe B. Starek Iii, Lynda M. Rozelle

UIC John Marshall Journal of Information Technology & Privacy Law

This article deals with the Federal Trade Commission's (FTC) efforts to apply consumer protection statutes to on-line activity. The article describes the role of the FTC and explains how it operates. It also discusses the applicability of the Mail or Telephone Order Merchandise Rule, the Fair Credit Billing Act and the Electronic Fund Transfer Act to on-line commerce. Lastly, it describes and examines Section 5 of the FTC Act, which prohibits unfair and deceptive acts or practices in or affecting commerce. This article also examines recent cases that involved on-line crimes, as well as "sweeps" that the FTC regularly executes …

Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the …

The Copyright Battle: Emerging International Rules And Roadblocks On The Global Information Infrastructure, 15 J. Marshall J. Computer & Info. L. 759 (1997), Stephen Fraser

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses intellectual property rights on the Global Information Infrastructure (GII) as affected by the evolution of the Internet. It outlines the battle between the advocates of total copyright protection and the advocates of minimal copyright protection. The article examines all of the proposed national and international laws affecting copyright protection on the GII, beginning with the minimal protections outlined in the Berne Convention and the problems involved in its enforcement and continuing with its successors, the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The article reviews the history of international copyright protection and the different …

Personal Jurisdiction In Cyberspace: The Constitutional Boundary Of Minimum Contacts Limited To A Web Site, 15 J. Marshall J. Computer & Info. L. 819 (1997), David L. Stott

UIC John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the limits of personal jurisdiction arising from cyberspace contacts through a discussion of the traditional framework of personal jurisdiction, including a minimum contacts analysis. It examines pertinent decisions wherein the courts apply the personal jurisdiction framework to contacts limited to the Internet, such as CompuServe v. Patterson, Zippo Manufacturing v. Zippo Dot Com, Bensusan v. King, and Hearst v. Goldberger. The comment further analogizes the minimum contacts involved in cyberspace transactions by using the narrow "stream of commerce" analysis adopted by Justice O'Connor in Asahi requiring additional activity within a jurisdiction for personal jurisdiction to exist within …

The West German Smorgasbord Approach To Intellectual Property Protection Of Computer Software, 15 J. Marshall J. Computer & Info. L. 883 (1997), Larry N. Woodard

UIC John Marshall Journal of Information Technology & Privacy Law

There is a lack of efficient protection for intellectual property within the computer software medium. Intellectual property of computer software has traditionally been protected by copyrights and relatively recently has been afforded protection of its intellectual property via patents. The distinction between a computer's hardware and a computer's software is decreasing; likewise, the distinction for such protection, namely patents and copyrights, respectively, should be decreased or eliminated, as well. After a brief comparative analysis of patent and copyright protection for computer software, an alternative to the current system of protection for software intellectual property exists. The nature of the software …

Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar

UIC John Marshall Journal of Information Technology & Privacy Law

The speedy progress of the "digital revolution" has significantly changed the manner in which individuals and other entities communicate and exchange information. Since traditional paper based media for communication is being replaced by high tech means, new security measures such as cryptographic security techniques are sought to ensure individual privacy. This is a drastic change because encryption technology was traditionally utilized by military and diplomatic communications. Human rights activists, political dissidents and journalists employ encryption technology to protect communication from government surveillance. The Global Internet Liberty Campaign ("GILC") was organized to protect civil liberties and human rights in the on-line …

We've Got Your Number: An Overview Of Legislation And Decisions To Control The Use Of Social Security Numbers As Personal Identifiers, 16 J. Marshall J. Computer & Info. L. 529 (1998), Flavio L. Komuves

UIC John Marshall Journal of Information Technology & Privacy Law

In the face of technology which allows for the storage and sharing of information on individuals in an unprecedented way, individuals still maintain the right to informational privacy. However, the extensive use of Social Security numbers as universal identifiers is one of the most serious manifestations of privacy concerns in the United States. Numerous private sources, such as financial institutions and blood banks, and governmental sources, such as the Internal Revenue Service and the courts, use these numbers as identifiers either by voluntary choice or as required by law. Inadequate restrictions on these uses have led to serious violations of …

On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz

UIC John Marshall Journal of Information Technology & Privacy Law

In order to prevent check fraud, many banking institutions are implementing programs of on-site fingerprinting. On-site fingerprinting is a process whereby individuals are subject to fingerprinting before being allowed to cash a check. Currently, two methods are used by the banking industry to obtain these fingerprints. The first method is the old fashioned way which the finger is inked and the ink mark is placed on the back of the check. Today, invisible ink is used. The second means by which these fingerprints are obtained is through biometrics or digital recording. The person attempting to cash a check places his …

Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly

UIC John Marshall Journal of Information Technology & Privacy Law

Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …

Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus

UIC John Marshall Journal of Information Technology & Privacy Law

Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 16 J. Marshall J. Computer & Info. L. 709 (1998), John Cartaina, Robert Dixon, Eric Rogers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Computers And The Year 2000: Are You Ready, 30 J. Marshall L. Rev. 837 (1997), Robert G. Gerber

UIC Law Review

No abstract provided.

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.

Legal Aspects - Software Reverse Engineering And Copyright: Past, Present And Future, 31 J. Marshall L. Rev. 1 (1997), Brian C. Behrens, Reuven R. Levary

UIC Law Review

No abstract provided.

Obtaining And Enforcing Trade Dress For Computer Graphical User Interfaces - A Practitioner's Guide, John P. Musone

Richmond Journal of Law & Technology

A computer program that successfully incorporates an intuitive graphical user interface possesses a tremendous competitive advantage over its competitors. Interface development accordingly has become a critical aspect of software development. Without legal protection, however, this advantage is illusory as competitors are otherwise free to copy unprotected interface features. Interface creators have predominately used copyright law to protect the overall "look and feel" of their interfaces. However, copyright protection for interfaces increasingly appears to be the exception rather than the rule.

Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legal Aspects Of The Internet, Etienne Pichat

LLM Theses and Essays

This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz

Articles

A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless, …

Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch

Michigan Law Review

Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …

Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason

Indiana Law Journal

No abstract provided.

Reverse Engineering Of Computer Software And U.S. Antitrust Law, Robert H. Lande, Sturgis M. Sobin

All Faculty Scholarship

This article explores when efforts by firms to restrict reverse engineering of their software, and corresponding agreements by other firms not to reverse engineer this software, could raise significant antitrust issues.

This article provides an overview of how the laws prohibiting certain acts of monopolization, attempted monopolization, refusals to deal, and tying might apply to restrictions and agreements concerning the reverse engineering of computer software. As a necessary predicate to this analysis, the article first briefly describes the contours of intellectual property protection for software, including the fair use and the copyright misuse doctrines.