Internet Law Commons^™

The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky

Richmond Journal of Law & Technology

The "interruption of computer services to authorized users," involves a violation of a series of federal and state computer-related crime laws which are designed to protect the authorized users of computer systems.Because most of these laws have only recently been legislated, and since few people have ever actually been charged with such violations, there is very little history or case law in this area. However, as computer-related crimes continue to escalate, these statutes could prove to be a positive force in efforts to catch the electronic criminals of the future. "Although there has never been accurate nationwide reporting of computer …

Opening Up To Open Source, Shawn W. Parker

Richmond Journal of Law & Technology

The latest "revolution" in the software industry has nothing to do with breakthrough technology; the revolution is a rethinking of how software technology is held, developed, and distributed. The revolution is called "open source," although it has also been called "freeware," and "copyleft." Each term generically describes the movement, yet implies wildly different ideas to the developers, distributors, and users inside the open source community. Open source is not a company, but rather, a community; projects are established and programmers communicate and contribute software building blocks to each other via the Internet. When a software program is completed by this …

Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer

Richmond Journal of Law & Technology

Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …

The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee

Richmond Journal of Law & Technology

Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.

Internet Taxes: Congressional Efforts To Control States' Ability To Tax The World Wide Web, Kevin J. Smith

Richmond Journal of Law & Technology

Every year, increasingly more people use the Internet to purchase goods and services. Internet purchases are expected to exceed $20 billion per year in the near future. By the year 2003, industry experts predict Internet purchases by businesses alone will reach $1.3 trillion. Presently, the majority of Internet sales transactions flow through business to business sites. Internet purchases by consumers are expected to reach $144 billion by the year 2003.

Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb

Richmond Journal of Law & Technology

The music industry may never be the same again. In recent years, the recording industry has faced an onslaught of advances resulting from digital technology. The record industry has battled the manufacturing and import industries over digital home recording since the 1980's. Digital technology initially manifested itself with the compact disc ("CD") and the digital audio tape ("DAT") in the early 1980's and generated greater tensions between the recording, electronics, and computer industries.

Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton

Richmond Journal of Law & Technology

After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …

Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian

Richmond Journal of Law & Technology

Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.

You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker

Richmond Journal of Law & Technology

Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."

Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee

Richmond Journal of Law & Technology

Welcome to the fifth issue of The Richmond Journal of Law & Technology! This issue represents a watershed experience for JOLT, as this is the first time we have published more than three issues in a single year! The timing of this issue's publication is also significant because on April 5, 2000, we will celebrate the fifth birthday of our journal. As the oldest exclusively online law review in the U.S., we continue to enjoy our leadership role in the publication of academic pieces dedicated to the marriage of law and technology.

Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills

Richmond Journal of Law & Technology

You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.

Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett

Richmond Journal of Law & Technology

Let me say it's a pleasure to be here. It's both a privilege and a pleasure to have the opportunity to speak with you on topics certainly near and dear to my heart having to do with technology. It is a pleasure for me to welcome you to the 9th Annual Austin Owen Lecture, and to welcome you to my alma mater. It's a pleasure for me to be back here on this campus almost weekly, participating in a variety of different activities.

E-Business, E-Commerce & The Law, John F. Rudin

Richmond Journal of Law & Technology

Advocates argue that UCITA (Uniform Computer Information Transactions Act) provides rules of the road for the technology highway much like the Uniform Commercial Code (UCC) has done with our commerce system for several decades. However, the UCC provides a level playing field where businesses and customers are aware of the rules prior to conducting business. Among its many shortcomings, UCITA lacks the notice and disclosure features of the UCC. A simple double click of a mouse with the cursor on an icon that reads "I accept" binds the customer to a contract that has not been reviewed prior to purchase. …

Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Tort Cases?, Rodney A. Smolla

Law Faculty Publications

Imagine that you are a newly-installed justice of a state supreme court. An array of cases come before you in your first term posing, in a variety of contexts, questions concerning the extent to which tort liability may be imposed to compensate victims for injuries or death allegedly caused by presentation of violent material in the media. Here are the cases:

I. The manufacturers of a violent video game are sued for wrongful death by the families of victims of school children murdered in a killing spree at a high school. The plaintiffs allege that the teen-aged boy who committed …

Who Leads At Halftime?: Three Conflicting Visions Of Internet Privacy Policy, Karl D. Belgum

Richmond Journal of Law & Technology

Concern about privacy on the Internet runs high, but the prescriptions for treatment vary widely. Privacy advocates seek different goals when formulating policy proposals. Some seek to protect individuals and society from the effects of loss of privacy, including the loss of human dignity. Others seek to encourage the development of online markets in personal information, so that consumers can profit from their own information, rather than giving it away. Still, others seek primarily to promote the growth of e-commerce, and see privacy fears as a threat to that goal. These goals are fundamentally inconsistent, and that inconsistency is obscured …

Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley

Richmond Journal of Law & Technology

Digital Property and the Digital Marketplace Expenditures in the information technology arena indicate that digital property - defined as digitized information and the tools to use it - is generating astonishing wealth. Globally, expenditures in the information and communication technology markets exceed $1.8 trillion annually and comprise six percent (6%) of aggregate global Gross Domestic Product ("GDP"). By 1997, such expenditures had escalated forty percent (40%) over 1992 levels. Current spending on information and communication technologies is growing twenty-seven percent (27%) faster than the overall worldwide GDP, averaging roughly 5.5 percent annually. Technological innovations have become the primary engine of …

Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier

Richmond Journal of Law & Technology

The Internet is experiencing explosive growth. The global World Wide Web and Internet are being embraced by the legal community at a phenomenal pace. More and more lawyers are using the Web to promote their practices, disseminate information, communicate with clients and prospective clients, conduct legal research, and carry on the practice of law. This growing use of the Web by lawyers, both nationally and internationally, is raising numerous complex ethical questions.

A Unified Approach To Cyber-Libel: Defamation On The Internet, A Suggested Approach, Barry J. Waldman

Richmond Journal of Law & Technology

The Internet is a global "super-network of over 15,000 computer networks used by millions of individuals, organizations, corporations and educational entities the world over."As the Internet has developed, it has become a medium not only for entertainment, but also an important source of information and news distribution. Because the Internet and the World Wide Web have developed into important resources for information and news, traditional media concerns and legal controversies have reached a level of growing importance. While it is true that much of the "development of the law concerning the . . . Internet [i]s in its infant stages,” …

Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau

Richmond Journal of Law & Technology

Imagine the following scenario. It's December 31, 1999 and two minutes until midnight. The champagne has just been poured and everyone is joyfully preparing to welcome in the new millennium. The clock ticks and the countdown begins. While millions of New Yorkers push and shove, millions more gather around television sets to catch a glimpse of the famous "ball" as it begins its descent in Times Square. Five . . . Four . . . Three . . . Two . . . One . . . "Happy New Year!!!" Little does the crowd know, that as they disperse and …

Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun

Richmond Journal of Law & Technology

I feel strongly that the great fundamentals should be discussed more in all public meetings, and also in meetings of schools and colleges. Not only the students[,] but also the faculty should get down to more thinking and action about the great problems[,] which concern all countries and all peoples in the world today, and not let the politicians do it all and have the whole say. I have often been told that it is not the function of music (or a concert) to concern itself with matters like these. But I do not[,] by any means agree. I think …

Electronic Commerce And Non-Resident Aliens: The Internal Revenue Service Versus International Cyberspace Transactions, Jonathane M. Ricci

Richmond Journal of Law & Technology

The year is 1999. Jack Jones has just retired from practicing civil law in the United States and has returned to his home country of Trinidad, just off the coast of South America, where he now resides. Jack has an idea to keep him busy during retirement. He made many contacts in the U.S. legal community and his work is well-respected. So, Jack decided to keep writing for attorneys in the U.S.

The Digital Signature: Your Identity By The Numbers, W. Everett Lupton

Richmond Journal of Law & Technology

Electronic commerce is the future of business. Today electronic commerce is a $3.6 billion industry. Thousands of businesses use the Internet to buy and sell their wares. As individuals and businesses increasingly use the Internet for commerce, contracts are moving online too. Because electronic commerce is conducted online, it is infeasible to make contracts through the traditional paper method. An electronic contract can be sent halfway across the world in seconds; whereas the same contract on paper would take days or weeks.

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo

Richmond Journal of Law & Technology

Almost everyone, it sometimes seems, is "working on a Web site." The Internet, a seamless web of communication, has broken down barriers of distance and time among people. At the same time it has made increasingly porous the conventional boundaries between the tangible and the abstract. Many business entities have created their own World Wide Web pages on the Internet, in order to deliver their advertising messages instantaneously to potential customers anywhere in the world. Increasingly, lawsuits are being filed against these businesses engaged in electronic commerce.

Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner

Richmond Journal of Law & Technology

Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.

New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best

Richmond Journal of Law & Technology

This tale is somewhat unique. It is probably one of the few panels, or the only panel in which there is a certain level of agreement. In fact, every one in this room probably has the basic agreement with this panel, that changes in regulation and changes in policy that we are struggling with are driven by changes in technology. This panel has been put together to look at changes in technology. It has three overall goals. The first is, as you heard one of the panels this morning talk about, to talk about technology itself to try to gain …

Letter From The Editor, Jennifer S. Coates

Richmond Journal of Law & Technology

Each day we are bombarded with news reports about the Internet. The word, and indeed the cyber society behind it, has become as much a part of our daily lives as television and the postal service. Four years ago, when the Journal’s founder Richard Klau proposed the idea of an exclusively online law journal, the Internet was not only in the background, but some doubted the new medium would ever develop into a mature form of communication. As the fourth Editor-in-Chief of the Journal, I am satisfied and delighted that what was once an esoteric tool for programmers has evolved …

Hot News & No Cold Facts: Nba V. Motorola And The Protection Of Database Contents, David Djavaherian

Richmond Journal of Law & Technology

In National Basketball Ass'n v. Motorola, the Second Circuit encountered the problematic issue of copyright preemption. Though the case did not directly involve the protection of database contents, NBA is a harbinger of judicial underprotection for the database industry. In holding that state misappropriation doctrine is preempted by the Copyright Act except in a very narrow class of "hot news" cases, NBA unduly restricts the common law's ability to prevent tortious behavior between database industry competitors. This underprotection has fueled a movement toward the legislative protection of database contents, but recent Congressional proposals, in their current form, leap to the …

How Have Internet Service Providers Beat Spammers?, Cathryn Le

Richmond Journal of Law & Technology

Popularly known as cyberspace, the Internet continues to evolve and expand, keeping pace with the lives of its users as a complex communications network. Many people rely on the Internet, an intricate link of numerous computers and computer networks, as a research and communications tool. The Internet is a "decentralized, global medium of communications--or 'cyberspace'--that links people, institutions, corporations, and governments around the world." No single entity owns the Internet, but the individual computers that compose the Internet are owned by various individuals, governmental, public and private organizations and institutions. The Internet cannot have a main control center nor can …