Internet Law Commons^™

Shifting Burdens And Concealing Electronic Evidence: Discovery In The Digital Era, Rebecca Rockwood

Richmond Journal of Law & Technology

In the twenty-first century, persons involved in the legal profession will be forced to confront technological issues. Computers and technology have pervaded every aspect of society, and the legal system is no exception. The discovery process is a dramatic example of how lawyers and courts strain to keep up with technological advances. Traditional discovery practices have been severely overhauled as electronic information becomes increasingly prevalent. What was once a simple discovery request can now become an overwhelming task, as defendants must wade through a plethora of electronic documents in an attempt to comply with the court’s discovery orders.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology (“JOLT”) is proud to present the first issue of the 2006 -2007 academic year. Volume 13, Issue 1 is the product of the Journal’s Third Annual Student Writing Competition, held in the spring semester of 2006. As always, the student writing competition focuses on emerging issues in the field of technology and the law. This year’s issue holds special significance to JOLT’s staff, as it was made possible by the generous donation of Mr. Richard Klau. His contribution to our publication will allow us to recognize the brightest student minds in the legal …

On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers

Richmond Journal of Law & Technology

Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”

Legal, Factual And Other Internet Sites For Attorneys And Others, Timothy L. Coggins

Richmond Journal of Law & Technology

This listing of Internet sites for legal, factual, and other research presents a variety of sources for attorneys, law students, librarians, and others who use the Web. Initially developed for an Advanced Legal Research course and a continuing education session for legal assistants, the listing includes sites for primary authorities, both federal and state, as well as URLs for other types of information such as names of possible expert witnesses and biographical and background information (including social security numbers in some instances) about individuals.

Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura

Richmond Journal of Law & Technology

The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem. However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various …

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.

Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman

Richmond Journal of Law & Technology

The incidence of phishing, a form of internet fraud, has increased dramatically since 2003. Identity thieves searching for vulnerabilities in internet security have realized that customers are the weak link. Using mass e-mailings and websites purporting to be those of well-known and trusted corporations, “phishers” trick customers into revealing personal and financial information.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue.

E-Commerce: Legal Issues Of The Online Retailer In Virginia, Jonathan D. Frieden, Sean Patrick Roche

Richmond Journal of Law & Technology

The popularity and growth of online retailing, now in its tenth year, has shattered experts’ expectations. “Online sales in the United States grew twenty-four percent last year, to about $90 billion, and online retailing now accounts for nearly five percent of all retail sales.”

Faulkner V. National Geographic’S Effect On Author's Rights In Electronic Transfer, Allison Hundstad

Richmond Journal of Law & Technology

Technological advances have triggered constant evolution in copyright law. As the Internet and computers have allowed images and written works to be available with the click of a button, Congress and the courts have been faced with the task of reshaping copyright law in order to determine the digital rights of material that already has copyright protection in its print form, with the goal of reducing the uncertainty surrounding the ownership of the right to reproduce these materials in a digital format.

E-Prescribing In A Changing Legal Environment, Jeff Todd

Richmond Journal of Law & Technology

Perhaps nothing permeates modern American society as much as prescription drugs. Evidence of this exists not just in television and magazine ads extolling the promises of Viagra and Nexium, but also in a few statistics. First, forty-six percent of Americans use at least one prescription drug daily. Further, in 2001, 3.1 billion prescriptions were issued in the United States at a cost of $132 billion. That amount is projected to increase to $414 billion by 2014.3 Such numbers explain the intensity of the recent political and legal debates surrounding prescription drugs, such as the importation of American pharmaceuticals from Canada …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the third issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 3 deals with contemporary issues of law and technology involving privacy, academics, and healthcare.

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4

House Bill 2797 Committee Hearing: A Bill To Add Internet Technological Protection In Virginia Libraries, Douglas Henderson, Colby M. May, Rodney Smolla

Richmond Journal of Law & Technology

House Bill 2797 is a bill to amend the Code of Virginia relating to technology protection measures in libraries, and Mr. Douglas Henderson will be our first witness. Mr. Henderson, we will be pleased to hear from you.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.

The Domination Of The English Language In The Global Village: Efforts To Further Develop The Internet By Populating It With Non-Latin-Based Languages, Molly Torsen

Richmond Journal of Law & Technology

At the top of the homepage of the Internet Corporation for Assigned Names and Numbers (ICANN) is a choice of nine different languages in which to read information about the organization; four of them are languages written in non-Latin script (Arabic, Chinese, Japanese and Russian). Clicking upon any of the language options brings the reader to a new website in that language and, presuming the reader has a computer and screen that can handle non-Latin script, the webpage reads legibly and clearly. The Uniform Resource Locator (URL), however, still reads in Latin script despite the webpage’s content being in a …

Digital Signature Law Of The United Nations, European Union, United Kingdom And United States: Promotion Of Growth In E-Commerce With Enhanced Security, Stephen E. Blythe

Richmond Journal of Law & Technology

Digital signatures enhance the ability of contracting parties to authenticate electronic communication. Sophisticated encryption and decryption technology is used to verify the identity of the other party to the electronic transaction. Digital signature law, necessary for adjudication of disputes between parties in e-commerce, is still in its infancy. This article covers basic digital signature law of the United Nations, the European Union, the United Kingdom, and the United States.

The United Nations’ Model Law of Electronic Commerce of 1996 (“MLEC”) had many implications. The MLEC approved the utilization of electronic signatures, stated that electronic signatures would have the same legal …

The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii

Law Faculty Publications

The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …

Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse

University of Richmond Law Review

No abstract provided.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.

Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda

Richmond Journal of Law & Technology

America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.

A Topic Both Timely And Timeless, James Gibson

Richmond Journal of Law & Technology

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

On behalf of the Editorial Board and Staff, I would like to welcome you to Volume XI of the Richmond Journal of Law & Technology. As we look ahead to the coming year, and particularly to our tenth anniversary this April, we would like to thank you for your continued support. The Richmond Journal of Law & Technology would not be what it is today without quality submissions from practitioners, positive feedback from our readers, and the diligent efforts of so many who have worked to make the Journal a success over the past ten years. In this first issue, …

Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott

Richmond Journal of Law & Technology

As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.

Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The international community has been struggling with questions of who should regulate the Internet and how, but little consensus has emerged. For the United States, consideration of the pros and cons of the alternative jurisdictional approaches to e-commerce and cyberspace is complicated by an overlay of constitutional law. While the rest of the world considers the policy implications of a country of origin versus a country of destination approach, the United States is wrestling with what constitutes "purposeful availment" under the Due Process Clause.

The Supreme Court has never squarely considered what limits the Fifth Amendment imposes on assertions of …

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

University of Richmond Law Review

No abstract provided.

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …