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Articles 121 - 150 of 195
Full-Text Articles in Internet Law
Using “Hi-Tech” Tools In A Traditional Classroom Environment — A Two Semester Experiment, Robert E. Oliphant
Using “Hi-Tech” Tools In A Traditional Classroom Environment — A Two Semester Experiment, Robert E. Oliphant
Richmond Journal of Law & Technology
The most amazing thing is that we are all using computers, learning, and trying but the majority of us are not computer geeks. We are a group that is willing to learn and help. Whether we like it or not, technology has become an integral part of our lives and affects virtually every aspect of the legal profession — from the solo practitioner in northern Minnesota to the partner in a 400-person Wall Street firm. Technology has transformed how lawyers communicate, manage files, present cases to juries, and handle their professional and personal activities. It has been warmly received by …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
No abstract provided.
Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller
Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller
Richmond Journal of Law & Technology
This article discusses whether the existing legal framework for property and places should apply to the electronic medium, or whether the uniqueness of the Internet requires a different characterization. The source of the right of the owner of an Internet site to legally control access to and use of the site and its content is the tort law of trespass and the law of contract. The sources of the right of users to freely access and use Internet content are the policies of free speech and public accommodation. Part I of this paper reviews the common law trespass theories that …
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Richmond Journal of Law & Technology
The Internet provides the First Amendment’s “freedom of speech” with a world of opportunity. Any person with access to the Internet may take advantage of a wide variety of information and communication methods. This unique medium, known to its users as cyberspace, is located in no particular geographical location and has no centralized control point, but is available to anyone, anywhere in the world with access." In the past twenty years, the Internet, a network of connected computers, has experienced extraordinary growth. The number of “host” computers, or those that store information and relay communications, increased between the years of …
Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh
Bloom V. Commonwealth: Identifying The Face Behind The Instant Message, Jessica Clair Cobaugh
Richmond Journal of Law & Technology
"You have an instant message from Naturalbornkiller2000. Would you like to accept it?" A similar message to this one flashes on computers throughout the United States and the world, inviting computer users to "chat" or "IM" with friends, family and perfect strangers alike. While the opportunity to engage in real-time conversation over the Internet provides an interesting and often less expensive way to keep in touch with friends or to meet new people, instant messages and other Internet communications increasingly appear as a means for adults to interact inappropriately with young children. The use of Internet communication for the solicitation …
The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell
The Legislative Response To The Evolution Of Computer Viruses, Mark R. Colombell
Richmond Journal of Law & Technology
On July 19, 2001, and again on July 31, 2001, the United States Government was attacked by a worm. The Code Red worm, a malevolent computer program, spread across the Internet impacting thousands of computers globally. The initial target of the Code Red worm was the White House website. Just days after the terrorist attacks in New York, Washington D.C., and Pennsylvania on September 11, the Nimda virus was unleashed on the Internet. By consuming up to ten percent of the Internet's capacity, Nimda quickly received the distinction as the worst computer infestation to date.
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Welcome to Volume VIII, Issue 3, The Richmond Journal of Law & Technology's final issue of the 2001-2002 academic year. In this issue, the Journal breaks from tradition for the second time this year and presents its readers with a unique reading experience. Because we received a wealth of outstanding student submissions, we decided to dedicate this installment of the Journal to those students we feel have presented us with particularly outstanding and insightful pieces. We hope you will enjoy them as much as we did.
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Richmond Journal of Law & Technology
Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …
The Legal Implications Of Online Universities, Elizabeth D. Kaiser
The Legal Implications Of Online Universities, Elizabeth D. Kaiser
Richmond Journal of Law & Technology
Aspiring screen writers, novelists and photographers need not look any further than the closest computer and Internet connection to learn tools of the trade from experts in the entertainment field. Through the Online Extension Program at the University of California, Los Angeles, a student can learn television script writing from a Hollywood professional and earn a UCLA diploma from a desktop computer as far away as Omaha, Nebraska.
Letter From The Editor, John Joseph Meadows
Letter From The Editor, John Joseph Meadows
Richmond Journal of Law & Technology
Welcome, readers, to the ninth year of publication at the Richmond Journal of Law and Technology. The entire Journal Editorial Board and Staff are pleased to report that our inundation with submissions since last Spring has permitted us to be quite choosy in selecting articles for this Issue and we hope you will enjoy them and find them to be insightful and current.
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Richmond Journal of Law & Technology
In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …
In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy
In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy
Richmond Journal of Law & Technology
Imagine that you wake up one morning, turn on your computer, and open an e-mail message with a catchy phrase in the subject line. Immediately after opening the e-mail’s attachment, your personal computer is severely damaged. Obviously having a bad day, you head to your job as an attorney for a multinational corporation. By the time you arrive at work, there has been damage to company computers across the globe. The monetary costs of the damage, coupled with the downtime, are astronomical. The CEO of your company is furious. You hope to diffuse the situation by informing your boss that …
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.
Jay Cohen's Brave New World: The Liability Of Offshore Operators Of Licensed Internet Casinos For Breach Of United States' Anti-Gambling Laws, Adrian Goss
Richmond Journal of Law & Technology
On February 28, 2000, Jay Cohen, co-owner of an Antiguan-based Internet casino called World Sports Exchange, was convicted by a U.S. District Court jury in Manhattan of breaching the Wire Communications Act of 1961 (hereinafter Wire Act). A New York federal judge subsequently fined Cohen $5,000 and sentenced him to serve a twenty-one month jail term. A few days prior to his conviction, Cohen's lawyer stated that "Jay strongly believes that he did not commit a crime, that he ran [World Sports Exchange] in a completely legitimate manner."
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 …
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
My Reputation Always Had More Fun Than Me: The Failure Of Ebay's Feedback Model To Effectively Prevent Online Auction Fraud, Mary M. Calkins
Richmond Journal of Law & Technology
Online auctions for goods are currently a popular and lucrative form of e-commerce, but present special problems of trust and fraud prevention, because most deals involve buyers and sellers who do not know each other and are separated by distance. Online auctions for goods have been largely unregulated by formal laws. For that reason, trust-building and fraud prevention have primarily been accomplished through creative private regulatory models implemented by the auction houses themselves. This Comment examines one popular model, a registration and feedback system pioneered by the leading online auction company, eBay. Under this system, a user builds a public …
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 …
Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni
Richmond Journal of Law & Technology
Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
Richmond Journal of Law & Technology
The explosive growth of electronic commerce has served as a catalyst for immense economic growth. Virtually every aspect of traditional commerce now has some presence on the Internet. As such, the way people shop for clothing, cars, airline tickets, and even groceries, has been changed forever. However, these developments may also have drawbacks. As more and more traditional brick-and-mortar stores transfer their operations to the Internet, there are many unintended consequences. The traditional infrastructure of retail stores may slowly begin to erode. Similarly, jobs in the retail industry may be eliminated in favor of more efficient, more cost-effective Internet technology.
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Is The Whole Greater Than The Sum Of Its Parts? The Applicability Of The Fair Use Doctrine To The New Breed Of Instant Messaging Software, Haydn J. Richards Jr.
Richmond Journal of Law & Technology
Imagine: you are preparing your fifteen-year high school reunion. When you were in high school, two rival bands played at dances. Everyone at school knew the bands and most students enjoyed the music. Like most music groups, neither band obtained a recording contract with a record label. You are not aware that during a garage practice session, the bands' members recorded some of their songs. Of these songs, only a few scratchy recordings remain. You decide that you are going to search the Internet to see whether you can find any copies of the songs that would enthuse and delight …
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 …
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
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."
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
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.
The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky
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 …
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
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.
Letter From The Editor, Dharmesh Vashee
Letter From The Editor, Dharmesh Vashee
Richmond Journal of Law & Technology
Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.
Consumer Privacy On The Internet, Andrew Shen
Consumer Privacy On The Internet, Andrew Shen
Richmond Journal of Law & Technology
If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Richmond Journal of Law & Technology
On October 25, 1999 the constitutional debate over a Virginia statute limiting state employees from performing uncensored computer-assisted research resumed before the United States Fourth Circuit Court of Appeals. The case in debate is Urofsky v. Gilmore. The statute affects all Virginia state employees, who amount to over 100,000 people.