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Articles 31 - 60 of 191
Full-Text Articles in Internet Law
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth and final issue of the 2011-2012 academic year. This issue includes a dedication to Professor John Carroll written by Rick Klau, the Journal’s founder.
Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins
Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins
Richmond Journal of Law & Technology
This updated listing of Internet sites for legal, factual, and other research offers a combination of more established sites and newer sites developed since the publication of the previous listing. The article began as a comprehensive bibliography of research and other sites for an Advanced Legal Research course and a series of continuing education sessions for legal assistants and paralegals. The current version includes sites for primary authorities, both federal and state, as well as URLs for other types of information, such as sites that assist in finding expert witnesses and biographical and background information about individuals.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. As we enter the new year, we must remain mindful of the ever-growing role that technology plays in our daily lives. In that vein, the Journal believes it is our mission to promote a relevant and timely discussion on technology-related legal issues.
Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan
Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan
Richmond Journal of Law & Technology
The past two decades have witnessed breathtaking increases in computing power, as well as equally impressive strides in manufacturing efficiency and technological innovation. Powerful, cheap, and interconnected, modern personal computers, smart phones, and e-readers are rapidly sculpting a landscape of ubiquitous computing. From shopping online to streaming movies, from social networking to online dating, and from paying bills to reading digitized books, the average American now expects the convenient digitization of historically analogue practices and media. In the workplace, this trend has expressed itself through a strong push toward paperless practices. In the music and movie industries, this trend has …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2011-2012 academic year.
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Admissibility Of Non-U.S. Electronic Evidence, Kenneth N. Rashbaum, Matthew F. Knouff, Dominique Murray
Richmond Journal of Law & Technology
After two long years collecting hundreds of gigabytes of e-mail, data base reports, and social media posts from countries in Europe, Asia, and South America, such as France, South Korea, Argentina, Canada, Australia, and El Salvador, the day of trial has arrived. The trial team has obtained the data at great cost, in dollars as well as person-hours, but is finally ready for trial. First-chair counsel, second-chair counsel, and four paralegals file into the courtroom, not with bankers boxes full of documents as in earlier times, but with laptops, tablet computers, and a data projector. Following opening statements, the first …
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau
Richmond Journal of Law & Technology
Bulletin boards and pushpins are archaic. Yet, each day represents a new paradigm for the technologically savvy. Innovators pair old concepts with new functionalities and technology, often achieving groundbreaking results. Digital counterparts for Post-It notes emerged for computers and other wireless devices. Other examples abound. Thus, it is no surprise that pins and boards also have new meaning in the digital age. Credit is due to the founders of Pinterest, a nascent social networking site with a devoted following, for modernizing the pin. As a newer social networking site, Pinterest has experienced unparalleled growth after its inception only a few …
Busting Blocks: Revisiting 47 U.S.C. § 230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Busting Blocks: Revisiting 47 U.S.C. § 230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Richmond Journal of Law & Technology
Consider a company that uses e-mail to conduct a majority of its business, including customer and vendor communication, marketing, and filing official documents. After conducting business in this manner for several years, one day the company discovers that its most recent e-mails were not delivered to recipients using a major Internet Service Provider (“ISP”) because the company was recently listed on an automated block list as a sender of unwanted bulk commercial e-mail (“spam”).
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
The Admissibility Of Electronic Evidence Under The Federal Rules Of Evidence, Jonathan D. Frieden, Leigh M. Murray
Richmond Journal of Law & Technology
Following the December 2006 amendments to the Federal Rules of Civil Procedure, much has been written about the discovery of electronically-stored information.
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling
Richmond Journal of Law & Technology
The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning …
Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack
Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack
Richmond Journal of Law & Technology
E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.
Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell
Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell
Richmond Journal of Law & Technology
In 1890, Warren and Brandeis “invented” the common law right to privacy in the United States. They declared the need for a right to privacy – “to be let alone” – because technological advancements (photography) and business methods (yellow journalism) enabled the media to bring previously private details to the attention of a much larger audience. Warren and Brandeis declared, “[i]nstantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that ‘what is whispered in the closet shall be proclaimed from the house-tops.’” Because of …
Better Late Than Never: How The Online Advertising Industry’S Response To Proposed Privacy Legislation Eliminates The Need For Regulation, Catherine Schmierer
Better Late Than Never: How The Online Advertising Industry’S Response To Proposed Privacy Legislation Eliminates The Need For Regulation, Catherine Schmierer
Richmond Journal of Law & Technology
Although Julie Matlin liked the shoes she saw on Zappos.com, she ultimately left the site without purchasing them. However, it was not the last time she would see that pair of shoes. For the next several days, the shoes followed Ms. Matlin to numerous other websites. “It was as if Zappos had unleashed a persistent salesmen who wouldn’t take no for an answer.” Understandably, Ms. Matlin found this “online stalking” disturbing, but she was more troubled when ads for her online dieting service started following her as well. She stated, “They are still following me around, and it makes me …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Richmond Journal of Law & Technology
The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2010–2011 academic year. The Journal strives to find interesting and contemporary topics that bisect technology and the law, and publish authors who provide in-depth and practical analysis of these topics to the legal community and beyond. To that end, this year’s Annual Survey is devoted exclusively to the topic of electronic discovery. In the two years since the Journal last published on this important issue, the availability of electronic information has increased exponentially, courts have continued to struggle with the 2006 Amendments to …
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan
Richmond Journal of Law & Technology
In the Internet savvy and technology dependent world of today, it is difficult to imagine life without Google Maps. The pioneer web- mapping platform provides users with a number of free services, ranging from simple directions to high-resolution imagery of terrain. The service has revolutionized travel, providing guidance and resources to more than just the directionally challenged. Contributing to this notoriety was Google’s addition of “Street View” to the array of mapping functions in May of 2007. As its name implies, the Street View function allows users to view enhanced, 360-degree snapshots of homes, streets and other public property. According …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the first issue of the 2010–2011 academic year. This issue addresses topics ranging across the legal and technological spectrums, and tackles subject matter at the forefront and future of legal debate.
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
Richmond Journal of Law & Technology
Prostitution is often referred to as “the world’s oldest profession.” It is defined as “[t]he act or practice of engaging in sexual activity for money or its equivalent.” As a service industry, it fulfills specific human desires. Nevertheless, most states condemn and criminalize both the act of prostitution and those who solicit such services.
A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel
A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel
Richmond Journal of Law & Technology
Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum
Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum
Richmond Journal of Law & Technology
Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet are …
Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso
Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso
Richmond Journal of Law & Technology
Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography. Heinous pictures and videos can be deposited on computers by viruses—the malicious programs better known for swiping your credit card numbers. In this twist, it’s your reputation that’s stolen. Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they’ll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites. Whatever the motivation, you get child porn on your computer—and …
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
Richmond Journal of Law & Technology
As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …
The Darknet: A Digital Copyright Revolution, Jessica A. Wood
The Darknet: A Digital Copyright Revolution, Jessica A. Wood
Richmond Journal of Law & Technology
We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.
Databases, E-Discovery And Criminal Law, Ken Strutin
Databases, E-Discovery And Criminal Law, Ken Strutin
Richmond Journal of Law & Technology
The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …