Internet Law Commons^™

Web 2.0 Regulation: A Risk Management Process, Pierre Trudel

Canadian Journal of Law and Technology

In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …

Fair Dealing Or Fare Stealing?: Implications Of Canadian Copyright Law Reform On The Online Classroom, Louis Grilli, Daniel Huff, Andrea Shakespeare, Michael Bliemel

Canadian Journal of Law and Technology

This article first examines Canadian copyright law as it pertains to distance education with a detailed review of literature, legislation and jurisprudence, including a comparison with influential law from the United States. Included in this analysis are the opinions of specialists and experts on distance education and copyright in the university environment, who were interviewed during this research. Based on the research findings, we have identified three distinct legislative outcomes. For each, we provide recommendations on how a university and other stakeholders might best protect their interests when confronted with any of these three possibilities.

The Statute Of Anne: Today And Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, Tyler Trent Ochoa

Scholarly Articles in Law Reviews & Journals

This essay provides the epilogue to the University of Houston’s Institute for Intellectual Property & Information Law’s 2010 National Conference, “The ©©© Conference: Celebrating Copyright’s tri-Centennial,” in Santa Fe, New Mexico. The conference focused on the Statute of Anne, the first copyright statute ever, anywhere, enacted by the British Parliament in 1710.

Copyright law in the United States, the lineal descendant of the Statute of Anne, has managed to negotiate a course between over-protecting and under-protecting copyrighted matter, and to strike at least a rough balance between the social interest in securing capital investment, on the one hand, and encouraging …

The Privacy Implications Of Deep Packet Inspection Technology: Why The Next Wave In Online Advertising Shouldn't Rock The Self-Regulatory Boat, Robert T. G. Collins

Georgia Law Review

With the explosive growth in Internet use by consumers throughout the 1990s, advertisers have quickly embraced the Web as a fertile ground for attracting customers. This increase in usage has been tracked by online advertisers' progressive efforts to achieve ad relevance by discovering consumer preferences and serving ads accordingly. An attendant concern is the extent to which the data collection that fuels online advertising respects the consumer's interest in data privacy. To date, American lawmakers have allowed existing subject-matter-based privacy statutes, in combination with industry self-regulation and Federal Trade Commission oversight, to manage privacy concerns. In 2008, however, the introduction …

Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 46 - Ex. 37 - Expert Report Of Dr. Kent D. Van Liere, Kent Van Liere

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 41 - Ex. 18 - Email From Baris Gultekin And Trademark Report (Google Product Manager Director), Baris Gultekin

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves

West Virginia Law Review

No abstract provided.

Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce

Chicago-Kent Law Review

Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …

Vol. Ix, Tab 41 - Ex. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann

Faculty Scholarship

For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site--you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even larger settlement: one that would give Google a license not only to scan books, but also to sell them.

The settlement …

Vol. Viii, Tab 39 - Ex. 4 - Naso News, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 43 - Google Memorandum In Support Of Its Motion To Exclude Expert Report And Opinion Of Dr. Kent Van Liere, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

When Contract Negotiations No Longer Protect Your Business Interests: The Strange World Of Third Party Business Interests Under Freedom Of Information Legislation, 26 J. Marshall J. Computer & Info. L. 455 (2009), Emir Aly Crowne-Mohammed

UIC John Marshall Journal of Information Technology & Privacy Law

Freedom of information legislation is designed to promote access to governmental information. The Freedom of Information and Protection of Privacy Act of British Columbia (“BC Act”) is no different. The BC Act views access to governmental information as promoting democracy, transparency, and citizenry, thereby making “public bodies more accountable to the public and…protect[ing] personal privacy by…giving the public a right of access to records” inter alia. The right to access governmental information, however, is not unfettered. There are certain protected instances where the public good may actually be harmed by undue access to governmental information such as policy recommendations developed …

May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom

UIC John Marshall Journal of Information Technology & Privacy Law

The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the …

Portable Learning For The 21st Century Law School: Designing A New Pedagogy For The Modern Global Context, 26 J. Marshall J. Computer & Info. L. 371 (2009), Catherine Dunham, Steven I. Friedland

UIC John Marshall Journal of Information Technology & Privacy Law

The authors argue that teaching can and should occur even after the fixed-location class has ended. The article suggests that a more portable learning environment would better match the changing world and make legal education more effective. While this notion is not revolutionary in many other educational contexts, it has not had much impact in legal education to date. Yet, with 21st century students ready and willing to receive portable education and the metacognition of learning supporting such venues, portability in legal education is primed for its moment. Additionally, the article points out that accepting portability merely as a part …

Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

UIC John Marshall Journal of Information Technology & Privacy Law

This article explores the economic rationale for applying product liability law to computer software. As demonstrated in the article, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software requiring that the customer be actively involved in the selection, operation and maintenance thereof. The authors show that for this type of “extrinsic” software, a strict liability rule is unlikely to be economically optimal and, therefore, choosing a generic liability regime …

Enterprise Systems And Corporate Governance: Parallel And Interconnected Evolution, 26 J. Marshall J. Computer & Info. L. 359 (2009), Themistokles Lazarides, Maria Argyropoulou, Dimitrios N. Koufopoulos

UIC John Marshall Journal of Information Technology & Privacy Law

Today's business requirements have moved Enterprise Systems ("ES") governance into the focus of attention as they are necessary in supporting business processes in many organizations. Corporate Governance ("CG") and ES constitute two seemingly dissimilar research areas that attract the interest of completely different academics as practitioners. However, at a time when there is an increasing focus on CG practices and the impact of ES on corporate performance, these topics are tightly connected and complimentary. Given the fact that ES can contribute positively in achieving business objectives, it is imperative to discuss the relationship of CG and information technology ("IT"). Moreover, …

Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao

UIC John Marshall Journal of Information Technology & Privacy Law

The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …

Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, 26 J. Marshall J. Computer & Info. L. 415 (2009), Joshua N. Azriel

UIC John Marshall Journal of Information Technology & Privacy Law

The article discusses how social networking sites can pose a danger to victims of online offensive content. Part II provides an overall analysis of the dangers the Internet, especially social networking, poses to victims. Part III reviews Section 230 of the CDA, including the “Good Samaritan” provisions for social networking websites such as Twitter and Facebook. Part IV analyzes three recent court cases that demonstrate how these social networking tools are used as weapons to harm victims. Part V concludes with a discussion of how the growing number of online incidents stem from social networking sites. It recommends that Congress …

Average Teenager Or Sex Offender? Solutions To The Legal Dilemma Caused By Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009), Shannon Shafron-Perez

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate. This discussion primarily focuses on the criminal aspects of: (1) minors who voluntarily create and disseminate nude text messages of themselves; and (2) minors who receive nude photographs of other minors. Part II traces the development of sexting. Part III describes the history and rationale behind prohibiting child pornography. In Part IV, the article examines the application of child pornography laws to sexting cases in …

The Challenge Of Internet Anonymity: Protecting John Doe On The Internet, 26 J. Marshall J. Computer & Info. L. 469 (2009), Susanna Moore

UIC John Marshall Journal of Information Technology & Privacy Law

The article notes that the question of what tests courts should use in deciding whether to reveal the identities of anonymous Internet users is unsettled. Part II of the Article discusses the various tests courts have applied in determining whether the identity of an anonymous Internet user should be revealed—including a good-faith test, a summary judgment standard, and a balancing test. Part III analyzes the merits of each test. Finally, Part IV concludes by recommending the appropriate test courts should use in deciding whether to reveal the identities of anonymous Internet users.

The Black Box Canon Of Statutory Interpretation: Why The Courts Should Treat Technology Like A Black Box In Interpreting Computer Crime Statutes, 26 J. Marshall J. Computer & Info. L. 487 (2009), Peter V. Roman

UIC John Marshall Journal of Information Technology & Privacy Law

The author points out that when reading computer crime statutes, federal courts sometimes study the minutiae of technology at the expense of congressional intent, plain language, and fair warning to criminal defendants. The author asserts that by focusing on the actual, but transient and morally irrelevant, design of information systems, the courts are undermining criminal law in the digital world. The author explains how traditional tools of statutory interpretation have failed to stop this approach to the interpretation of computer crime statutes. To solve this dilemma, the author points out that courts need a new tool to help them apply …

University Research Under Siege: How The War On Terror Has Placed Academic Freedom Under Fire, 26 J. Marshall J. Computer & Info. L. 547 (2009), James Templin

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment analyzes the proposed revisions to United States export regulations contained in the Deemed Export Advisory Committee’s 2007 report. While the Advisory Committee’s work was much needed and its recommendations laudable, this comment discusses why its recommendations must be narrowly tailored in order to preserve the competitiveness of U.S. businesses and universities in the globalizing world and to advance national security. Part II explains the regulations that govern U.S. exports, including the deemed export regulatory regime and how those rules implement a range of national obligations and interests. This Part also discusses the events that threatened to significantly burden …

Antitrust Law - A Stranger In The Wikinomics World? Regulating Anti-Competitive Use Of The Drm/Dmca Regime, 27 J. Marshall J. Computer & Info. L. 1 (2009), Rachel Aridor-Hershkovitz

UIC John Marshall Journal of Information Technology & Privacy Law

Unlike traditional markets, Information Technology (“IT”) markets are characterized by special and unique features that shall be discussed in this paper. Competition in IT markets is dynamic; nonmarket based information production models (‘peer production’) play a significant role in IT markets; and IT market are usually data market rather than product market. The combination of the legal rule prohibiting circumvention of technological measure under the DMCA and the use of DRMs, created a new regime, the DRM/DMCA regime, which bestows the entertainment industry with a new and strong right to control the access to and use of the copyrighted work. …

Virtual Venues: Improving Online Dispute Resolution As An Alternative To Cost Intensive Litigation, 27 J. Marshall J. Computer & Info. L. 81 (2009), Shekhar Kumar

UIC John Marshall Journal of Information Technology & Privacy Law

This paper looks at the growing presence of online alternative dispute resolution in the commercial setting, with the eventual goal of making suggestions to improve current online systems. While out-of-court dispute resolutions such as arbitration and mediation have been a long-time alternative to lengthy litigation, the development of the internet and other advanced forms of communication has lead to an increased presence of, and increased possibilities for, online dispute resolution. The first section of this paper provides a succinct review of the history of online dispute resolution. The focus of the section is two-pronged. The first prong discusses how technological …

2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 27 J. Marshall J. Computer & Info. L. 95 (2009), Sarah M. Knight, William S. Weltman, Andrew T. Call, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Phillip Nevilson, appeals to the Marshall Supreme Court from a decision affirming the granting of summary judgment in favor of Respondent, Marshoogle, Inc., on his claims of intrusion upon seclusion, publication of private facts, and tortious interference with business expectancy claims. The issues in this case concern whether an individual can state a claim for invasion of privacy against an Internet search engine provider where liability is based on taking a photograph of an individual in his home and the publication of such photograph on a website. The final issue concerns whether the act of publication of the photograph …

2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 27 J. Marshall J. Computer & Info. L. 131 (2009), Megan Peterson, Tyler Rench

UIC John Marshall Journal of Information Technology & Privacy Law

SUMMARY OF THE ARGUMENT: As encroaching technologies shrink the realm of privacy and expose intimate details of the home, courts must craft a solution that will provide a remedy to the injured. When Marshoogle’s prying cameras took photographs of Nevilson seated inside his home, they invaded his privacy by intruding into his private area of seclusion and this court should give Nevilson the opportunity to seek a remedy. Because Nevilson was inside his home when the images were captured, he had a reasonable expectation of privacy, which cannot be lost simply by leaving his curtains open. Marshoogle’s cameras were intentionally …