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Articles 2101 - 2130 of 2660
Full-Text Articles in Internet Law
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 …
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 …
Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert
Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet is here to stay. Consequently, disputes in this cyberspace are heard in courts nationwide, and one of the most fundamental litigation questions is the personal jurisdiction. In this article, the authors discuss the difficulties courts have in defining the degree of interaction between the Web site operator and online users. The authors first discuss the background of how courts tackle the personal jurisdiction issue. Then, as the society leaps into the cyberspace, authors analyze how this great development in technology and communications creates challenges to courts in grounding personal jurisdictional issues. By going through case analyses, authors show …
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 20 J. Marshall J. Computer & Info. L. 91 (2001), Ryan Alexander, Robert S. Gurwin, Dominick Lanzito, Nicole D. Milos, Bridget O'Neill
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 20 J. Marshall J. Computer & Info. L. 91 (2001), Ryan Alexander, Robert S. Gurwin, Dominick Lanzito, Nicole D. Milos, Bridget O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
In this bench memo, the Supreme Court of the state of Marshall is asked to decide whether the actions of defendant, Marshall Manatees, evidence a theory of false light invasion of privacy as defined by the Restatement (Second) of Torts and whether defendant's actions of comparing the digital photographic images collected at the Marshall Center to their database and ultimately posting plaintiff's photo on its billboard constituted an actionable claim for misappropriation. Plaintiff, Allen Sanders, attended a professional basketball game where the Marshall Manatees were hosting an opposing team at the Marshall Center. He purchased the ticket online and received …
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 20 J. Marshall J. Computer & Info. L. 109 (2001), Gregory Brady, Steven Brooks, Christian Sullivan
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 20 J. Marshall J. Computer & Info. L. 109 (2001), Gregory Brady, Steven Brooks, Christian Sullivan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 20 J. Marshall J. Computer & Info. L. 151 (2001), Courtney Scantlin, Mekisha Walker, Warren Clint Wells
2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 20 J. Marshall J. Computer & Info. L. 151 (2001), Courtney Scantlin, Mekisha Walker, Warren Clint Wells
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
Seattle University Law Review
This Note focuses on the application of the Digital Millenium Copyright Act (DMCA) to prohibit the posting and linking of "circumvention technology" on the Internet, while also addressing the larger issue of the unintended consequences that regulating cyberspace can have on free expression. Because hypertext links play such a fundamental role in the utility of the Internet, this Note argues that the application of the DMCA's anti-trafficking provisions to enjoin linking places a significant and unwarranted burden on the Internet as a forum for free expression. Section II is intended to provide a brief background of the technological and legal …
Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field
Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field
UIC Law Review
No abstract provided.
Icann't Use My Domain Name? The Real World Application Of Icann's Uniform Domain-Name Dispute Resolution Policy, 34 J. Marshall L. Rev. 1027 (2001), Karl Maersch
UIC Law Review
No abstract provided.
Is Zippo's Sliding Scale A Slippery Slope Of Uncertainty? A Case For Abolishing Web Site Interactivity As A Conclusive Factor In Assessing Minimum Contacts In Cyberspace, 34 J. Marshall L. Rev. 1051 (2001), Jason Green
UIC Law Review
No abstract provided.
Laman Web Undang-Undang Siber, Abd.Manan Tajul Arifin
Laman Web Undang-Undang Siber, Abd.Manan Tajul Arifin
Student Works (2000-2009)
Kertas kerja yang dihasilkan ini memberikan penerangan yang lengkap mengenai pembinaan dan pembangunan sebuah laman web yang dinamakan laman web undang-undang siber. Laman ini merupakan laman web yang pertama yang akan membentangkan secara terperinci mengenai Undang-undang Siber. Projek yang dibangunkan ini adalah untuk memberi pendedahan dan menyampaikan mak.lumat terperinci kepada pengguna internet mengenai undang-undang siber di Malaysia. Laman web ini mempunyai pengenalan dan objektif pembangunan laman web, Aleta Tandatangan Digital, Akta Hak Cipta, Akta Teleperubatan, Akta Jenayah Komputer dan Akta Komunikasi clan Multimedia. Laman ini juga mempunyai menu pentadbir untuk menjadikan laman ini sebuah laman web dinamik. Pembangunan laman web …
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin
Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin
Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Seattle University Law Review
This Comment will first survey the law of cybersmear, illustrating the paradigmatic issues and legal theories employed. Then, it will discuss the free speech issues and theoretical bases argued in court and legal journals, paying special attention to the shortcomings in current protection of defendant anonymity. Next, it will examine the value of online anonymity and the protections that the Strategic Lawsuit Against Public Participation (SLAPP) theory offers. Finally, given the breakdown in the public and private space dichotomy, this Comment will argue for a new understanding of the SLAPP constitutional protections in cyberspace. This understanding will recognize the powerful …
Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman
Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman
UIC Law Review
No abstract provided.
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
Richmond Journal of Law & Technology
In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.
Letter From The Editor, Dharmesh Vashee
Letter From The Editor, Dharmesh Vashee
Richmond Journal of Law & Technology
Welcome to the fourth and final issue of The Richmond Journal of Law & Technology's seventh volume! As we close the year, I am proud to report that, in 2000-01, The Journal has experienced unprecedented growth and increased recognition. Our articles are now read by over 33,000 people in 70 countries around the world. Over the past year, our articles have also been cited in a number of cases and used in university classrooms. Further, our CLE symposium, held on March 2, 2001, was a tremendous success, drawing 90 practitioners from across the state.
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Welcome to Volume 8, Issue 2 of the Journal. In this issue, the authors address three very diverse topics of national and international significance: the liability of internet service providers for copyright infringement, the taxation of e-commerce, and the applicability of the fair use doctrine to instant messaging software. Each of these topics deals with issues that can, and ultimately will, have widespread effects on the use and growth of the Internet.
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Will A Lawsuit A Day Keep The Cyberdocs Away? Modern Theories Of Medical Malpractice As Applied To Cybermedicine, Ruth Ellen Smalley
Richmond Journal of Law & Technology
Rivaled only by lawyers, those who earn their livelihood by practicing medicine are viewed by many as America's Public Enemy No. 1. This perception is due to the rising cost of medicine, the over-scheduling of patients, and the poor bedside manner that many people associate with a trip to the doctor's office. However, the advent of the Internet and its proliferation into schools, offices, and homes has placed medical opinions only a mouse click away. Websites, such as cyberdocs.com, allow patients to type in a description of their ailments and receive diagnoses and treatment advice from an on-line medical professional …
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Over the last few years, the problems attendant to software licensing regulation have occupied an important position in the minds of legislators at the federal, state and local levels. In the early nineties, the National Conference of Commissioners for Uniform State Laws (NCCUSL) recognized the potential for licensing problems presented by the use of computer software in the national arena as well as on the Internet and saw a clear need for regulations that would transcend state boundaries. In 1999, as a result of years of planning and careful drafting, NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA) in …
Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon
Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon
Canadian Journal of Law and Technology
By our very nature, humans are creatures that communicate and network. Over the past several decades much of this communicating and networking has been facilitated by developments in information and communication technology. The social and economic transformations resulting from developments on the Internet have created several challenges for policymakers, lawmakers, courts and a wide range of other kinds of institutions. Some of these challenges are associated with the technologies and applications themselves. Other challenges result from content made available on the Internet and how users exchange data. Recent developments in peer-to-peer data exchange bring these two sets of challenges together.
Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg
Copyright And Control Over New Technologies Of Dissemination, Jane C. Ginsburg
Faculty Scholarship
The relationship of copyright to new technologies that exploit copyrighted works is often perceived to pit copyright against progress. Historically, when copyright owners seek to eliminate a new kind of dissemination, and when courts do not deem that dissemination harmful to copyright owners, courts decline to find infringement. However, when owners seek instead to participate in and be paid for the new modes of exploitation, the courts, and Congress, appear more favorable to copyright control over that new market. Today, the courts and Congress regard the unlicensed distribution of works over the Internet as impairing copyright owners' ability to avail …
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon
Richmond Journal of Law & Technology
The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
UIC John Marshall Journal of Information Technology & Privacy Law
Pornography and privacy share a subtle relationship in internet law and policy. Legislation attempting to restrict online speech considered indecent or harmful to minors is subject to exacting scrutiny. Legislation that regulates online speech thought to be harmful to its readers because of privacy concerns should be subjected to the same level of scrutiny. The availability of self-help remedies should govern the scope of legislation affecting online privacy and the alternatives offered by digital self-help solutions makes state regulation constitutionally suspect and functionally inferior. Self-help can be more effective than legislation in protecting online privacy. Cookie management software, use of …
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb
2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter
UIC John Marshall Journal of Information Technology & Privacy Law
The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …