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Articles 1381 - 1410 of 2289
Full-Text Articles in Internet Law
The Challenge Of Internet Anonymity: Protecting John Doe On The Internet, 26 J. Marshall J. Computer & Info. L. 469 (2009), Susanna Moore
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
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
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
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 …
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 27 J. Marshall J. Computer & Info. L. 169 (2009), Michael Jones, Stuart Ladner, Sabrina Stone
2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 27 J. Marshall J. Computer & Info. L. 169 (2009), Michael Jones, Stuart Ladner, Sabrina Stone
UIC John Marshall Journal of Information Technology & Privacy Law
SUMMARY OF THE ARGUMENT: Nevilson has not raised a genuine issue of material fact on his intrusion upon seclusion claim. First, Nevilson cannot show Marshoogle intentionally invaded Nevilson’s privacy. When Marshoogle captured the images for its Marshall Avenue Perspective feature, no one physically entered Nevilson’s property or used sensory enhancements or telephoto lenses to pry into his private space. Second, Marshoogle’s actions were not highly offensive to a reasonable person because the photographs were not captured in an effort to exploit or defame Nevilson, but rather were captured in an effort to produce a free and effective virtual map for …
Yes, I Destroyed The Evidence - Sue Me? Intentional Spoliation Of Evidence In Illinois, 27 J. Marshall J. Computer & Info. L. 235 (2009), Michael A. Zuckerman
Yes, I Destroyed The Evidence - Sue Me? Intentional Spoliation Of Evidence In Illinois, 27 J. Marshall J. Computer & Info. L. 235 (2009), Michael A. Zuckerman
UIC John Marshall Journal of Information Technology & Privacy Law
Many Illinois litigators have encountered spoliation of evidence, which is the loss, destruction, or alteration of evidence. Examples of spoliation are seemingly endless and include the failure to preserve the scene of a train derailment, the accidental destruction of evidence on a lawyer’s desk by a janitor, the loss of a heater that exploded, the removal of wires from a car that caught on fire, the loss and alteration of medical equipment, and the intentional erasing of a computer image relevant to a copyright lawsuit. To combat spoliation, Illinois and many other states have developed common law and statutory methods …
Extending The Exclusionary Rule: Enforcing Data Quality In National Security Databases And Watch Lists, 27 J. Marshall J. Computer & Info. L. 257 (2009), Christine M. Whalley
Extending The Exclusionary Rule: Enforcing Data Quality In National Security Databases And Watch Lists, 27 J. Marshall J. Computer & Info. L. 257 (2009), Christine M. Whalley
UIC John Marshall Journal of Information Technology & Privacy Law
Since its inception, the exclusionary rule has been aimed at deterring misconduct by police officers and law enforcement agents. It is widely believed to deter deliberate, reckless, grossly, or systemic negligent conduct by law enforcement agents. Increased reliance by law enforcement agencies and their agents on expansive, interconnected information suggests that the exclusionary rule needs to be expanded beyond just the acts of the officers and agents and be applied to the agency itself where there is evidence that poor data quality standards produced the reckless or negligent conduct. When so much of our liberty rests on the quality of …
The Computer Fraud And Abuse Act: Reassessing The Damage Requirement, 27 J. Marshall J. Computer & Info. L. 279 (2009), Matthew Andris
The Computer Fraud And Abuse Act: Reassessing The Damage Requirement, 27 J. Marshall J. Computer & Info. L. 279 (2009), Matthew Andris
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores whether a civil plaintiff needs to claim actual damage to a protected computer to recover against a defendant under the CFAA. Several courts have noted that there is little case law regarding damages, and the case law that exists does not help define the reach of damages. Currently, courts are split as to whether a computer system needs to have actual physical damage in order for recovery under the CFAA. Additionally, courts have not adequately addressed how to assess damages, including whether damages may be aggregated across multiple computer systems. The Third, Fifth, and Ninth Circuit Courts …
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Michigan Telecommunications & Technology Law Review
I present here a unique empirical analysis of the consumer welfare benefits of prior regulation in the mobile telecommunications industry. In particular, I analyze the relative consumer benefits of state rate regulation and federal entry regulation. The institution of filing requirements and FTC review and approval of various consumer pricing regimes is highly analogous to the consumer price controls imposed by various state level public utility commissions in the past. Furthermore, the imposition of a zero-price rule is analogous to past rate regulation; in particular it is similar to past wholesale regulation with its underlying principles of open access and …
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
UIC Review of Intellectual Property Law
Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Faculty Scholarship
In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …
Understanding The New Virtualist Paradigm, Jonathon Penney
Understanding The New Virtualist Paradigm, Jonathon Penney
Articles, Book Chapters, & Popular Press
This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Faculty Scholarship
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, Michael J. Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, Michael J. Monahan
Articles
No abstract provided.
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
San Diego International Law Journal
This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Cardozo Journal of International and Comparative Law
The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.
Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray
Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray
UIC John Marshall Journal of Information Technology & Privacy Law
In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains …
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley
UIC John Marshall Journal of Information Technology & Privacy Law
The current licensing regime practiced by collective rights organizations (“CROs”) is preventing rights holders from being able to reap the financial benefits that the Internet and digital transmissions of music can provide. The problem is that CROs license online music on a restrictive, national basis where the online transmission of music is worldwide, unrestricted by national boundaries. This territorially restrictive licensing system began in the nineteenth century and was practical for geographically limited methods by which music was played and transmitted. However, licenses to transmit music online or in the digital environment in general are restricted on a national basis …
Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan
Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
Michigan Journal of International Law
This Article illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between State and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse-the "public-private gatekeeper."
Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush
Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu
All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.