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Articles 181 - 210 of 794
Full-Text Articles in Internet Law
The Fda And The Future Of The Brain-Computer Interface: Adapting Fda Device Law To The Challenges Of Human-Machine Enhancement, 25 J. Marshall J. Computer & Info. L. 117 (2007), Eric Chan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila
UIC John Marshall Journal of Information Technology & Privacy Law
In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial compensation for airing …
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Protection Of Maps And Spatial Databases In Europe And The United States By Copyright And The Sui Generis Right, 24 J. Marshall J. Computer & Info. L. 195 (2006), Katleen Janssen, Jos Dumortier
The Protection Of Maps And Spatial Databases In Europe And The United States By Copyright And The Sui Generis Right, 24 J. Marshall J. Computer & Info. L. 195 (2006), Katleen Janssen, Jos Dumortier
UIC John Marshall Journal of Information Technology & Privacy Law
Spatial data and applications play an ever-increasing part in our economy and in our society in general, but the protection of spatial databases by intellectual property rights seems to be a challenge because the Internet and information technology have caused a considerable increase in the copying of data, maps, route descriptions, hiking trails, etc. The illegal copying of spatial data, however, has caused the data producers to turn to several means of protection, such as intellectual property legislation, unfair competition, confidentiality and privacy. This paper begins by determining what is meant by spatial data. Thereafter, the paper reflects on the …
Provisional Relief In Transnational Litigation In The Internet Era: What Is In The Us Best Interest?, 24 J. Marshall J. Computer & Info. L. 263 (2006), Panagiota Kelali
Provisional Relief In Transnational Litigation In The Internet Era: What Is In The Us Best Interest?, 24 J. Marshall J. Computer & Info. L. 263 (2006), Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Using the hypothetical of a college student victimized by a fraudulent website, this comment addresses the issue of Internet fraud. In the example presented, the perpetrators are Greek nationals located in Greece. Focusing on the intangible and international nature of the Internet, the comment addresses the complications surrounding litigating an Internet fraud case. The issues discussed include a determination of the forum where the suit should be brought, preservation of the status quo pending determination of the dispute, and the status of a transnational cooperation on the issue of recognition and enforcement of judgments. The comment presents the options available …
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 733 (2006), Timothy T. Hsieh, Jennifer Simmen Lewin, Jerome C. Pandell
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 733 (2006), Timothy T. Hsieh, Jennifer Simmen Lewin, Jerome C. Pandell
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 24 J. Marshall J. Computer & Info. L. 699 (2006), Chris Norris, Justin Sisemore, Anndi Queenan
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 24 J. Marshall J. Computer & Info. L. 699 (2006), Chris Norris, Justin Sisemore, Anndi Queenan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Copyright Misuse Doctrine On Computer Software: A Redundant Doctrine Of U.S. Copyright Law Or A Necessary Addition To E.U. Copyright Law?, 24 J. Marshall J. Computer & Info. L. 571 (2006), Haris Apostolopoulos
The Copyright Misuse Doctrine On Computer Software: A Redundant Doctrine Of U.S. Copyright Law Or A Necessary Addition To E.U. Copyright Law?, 24 J. Marshall J. Computer & Info. L. 571 (2006), Haris Apostolopoulos
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez
The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Cleaning Metadata On The World Wide Web: Suggestions For A Regulatory Approach, 24 J. Marshall J. Computer & Info. L. 531 (2006), Marcel Gordon
Cleaning Metadata On The World Wide Web: Suggestions For A Regulatory Approach, 24 J. Marshall J. Computer & Info. L. 531 (2006), Marcel Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Borders Online, Llc V. State Board Of Equalization: It's Time For Congress To Weigh The Possibilities Of This California Decision, 24 J. Marshall J. Computer & Info. L. 641 (2006), Ronnie E. Webb
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers
Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers
UIC John Marshall Journal of Information Technology & Privacy Law
This article argues that President Bush’s domestic electronic surveillance program is unconstitutional. The program allows the President to order the NSA to conduct surveillance of electronic communications, including communications involving United States citizens, without court order. The authors conclude that the President lacked the statutory or constitutional power to authorize such a program and that the program runs afoul to the letter and the spirit of the constitutional protection against unreasonable searches and seizures embraced by the Fourth Amendment of the United States Constitution. Congress and the President share overlapping constitutional authority in matters of foreign affairs and national security. …
Voip Goes The Bad Guy: Understanding The Legal Impact Of The Use Of Voice Over Ip Communications In Cases Of Nsa Warrantless Eavesdropping, 24 J. Marshall J. Computer & Info. L. 227 (2006), Eric Koester
UIC John Marshall Journal of Information Technology & Privacy Law
For purposes of national security, the Bush administration delegated authority to the National Security Administration (“NSA”) to conduct warrantless surveillance of Americans; and such surveillance defies tradition. At the same time, emerging communications technology, like Voice over Internet Protocol (“VoIP”), complicates the already controversial issue by generating uncertainty about how courts will analyze warrantless surveillance of such forums. The problem lies in outdated communications and surveillance regulations, which effectively address older communications forums, like the telephone, but encounter stifling ambiguity vis-à-vis VoIP and other new forums. VoIP is a relatively new technology, but it encompasses the large and ever-growing use …
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, 24 J. Marshall J. Computer & Info. L. 353 (2006), Mark F. Kightlinger
The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, 24 J. Marshall J. Computer & Info. L. 353 (2006), Mark F. Kightlinger
UIC John Marshall Journal of Information Technology & Privacy Law
This Article provides a timely examination of U.S. law and policy concerning information privacy on the Internet, a subject that receives almost daily attention in the press. This Article constructs a new theoretical framework from the writings of Alasdair MacIntyre, a major contemporary philosopher and social theorist. Over the past 30 years, MacIntyre has examined the roots and continuing impact of the failure of post-Enlightenment thinkers to produce an account of human nature and action that could replace an older Aristotelian account and command the assent of all rational persons. In addition to extending MacIntyre’s examination of our post-Enlightenment situation, …
Contribution To The Understanding Of The Public Domain, 24 J. Marshall J. Computer & Info. L. 411 (2006), Vincenzo Vinciguerra
Contribution To The Understanding Of The Public Domain, 24 J. Marshall J. Computer & Info. L. 411 (2006), Vincenzo Vinciguerra
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Comedy Of Errors: Defining "Component" In A Global Information Technology Market - Accounting For Innovation By Penalizing The Innovators, 24 J. Marshall J. Computer & Info. L. 507 (2006), William Greubel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski
2005 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 69 (2005), Richard C. Balough, Pirya Krishnamoorthy Venkat, Douglas Maclean, Larisa V. Morgan, Michael Rogalski
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer
UIC John Marshall Journal of Information Technology & Privacy Law
Millions of people download billions of music files over the Internet, using peer-to-peer ("P2P") services such as Grokster, StreamCast, Morpheus, and Kazaa. This practice has been challenged as violative of copyright and, it has been argued, the magnitude of copyright violations facilitated by P2P services justifies banning the services entirely. This argument has been based on the assumption that most transfers over P2P services violate copyright. The starting point for this discussion is the recent decision of the United States Supreme Court to grant the certiorari petition of Metro-Goldwyn-Mayer Studios et al. to review the Ninth Circuit decision in MGM …
Law And Order In Cyberspace: A Case Study Of Cyberspace Governance In Hong Kong, 23 J. Marshall J. Computer & Info. L. 249 (2005), Kam C. Wong, Georgiana Wong
Law And Order In Cyberspace: A Case Study Of Cyberspace Governance In Hong Kong, 23 J. Marshall J. Computer & Info. L. 249 (2005), Kam C. Wong, Georgiana Wong
UIC John Marshall Journal of Information Technology & Privacy Law
Hong Kong, an international finance center, has been enjoying great benefits generated by computer-mediated communication ("CMC") in the new Information Age. On the other hand with the rapid and advanced development in technology, Hong Kong's economy is increasingly and irreversibly relying, and made dependent upon CMC and the Internet to operate, because the Internet has become a catalyst of reform and development in other arenas including social, cultural, and public policy. The Information Age raises new criminality concerns as it aggregates traditional criminal problems since great amounts of data are transmitted by and stored on computers is beyond imagination and …
European Spectrum Management Principles, 23 J. Marshall J. Computer & Info. L. 277 (2005), Patrick S. Ryan
European Spectrum Management Principles, 23 J. Marshall J. Computer & Info. L. 277 (2005), Patrick S. Ryan
UIC John Marshall Journal of Information Technology & Privacy Law
Any discussion of European policies is a complicated one, in part because the word "Europe" means different things to different people. At the present time, the European Union has expanded to twenty-five countries and more countries may become provisional members within the next years. These countries represent a multitude of cultures, languages, and legal traditions so talking about a "European" approach to a given matter is to risk making inherently flawed generalizations about diverse peoples, cultures, and systems. However, one generalization is rather safe to assert: the traditional regulatory model in Europe has been based on a state-run monopoly structure …
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann
UIC John Marshall Journal of Information Technology & Privacy Law
The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
Today a lot of private businesses have adopted the practice of driver's license swiping where proof of age or security issues arise. This practice has beneficial uses for both private entities, in identifying underage persons and those with fake identification, and law enforcement. However, the problem arise when the private sector, businesses are not using the information to merely identify underage customers or those with fake identification but store the information encoded on the barcode in a computer database. No federal laws and very few state laws regulate the collection and use of this information while the private sector is …
Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence
UIC John Marshall Journal of Information Technology & Privacy Law
The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
Regulating Minors' Access To Pornography Via The Internet: What Options Do Congress Have Left?, 23 J. Marshall J. Computer & Info. L. 453 (2005), Jacob A. Sosnay
UIC John Marshall Journal of Information Technology & Privacy Law
As with most innovations that have world-altering capabilities, the Internet is not without its very own dark side. This Internet's ugly side represented by are the thousands of Web sites devoted to the procurement and dissemination of pornographic material. Although, undoubtedly, in a free society, people are entitled to have access to such material if they so desire it is also generally accepted there is not only a great need, but an uncompromisable duty to protect minors from, and prevent access to, this potentially harmful imagery. This Comment discusses the several recent attempts made by Congress to regulate the accessibility …
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
Foreword, 23 J. Marshall J. Computer & Info. L. 485 (2005), Leslie Ann Reis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough
UIC John Marshall Journal of Information Technology & Privacy Law
A lot of things have changed since the early memories of going into the voting booth, which at that time was the old mechanical machines, and pulled those levers down. It was taught that you have to vote because each vote was going to make a difference, each vote was going to be recorded and tallied. The voting which was done on Election Day, the way one voted was going to affect our democracy. Of course during that time there were also a lot of other things happening that ran counter to this ideal, stories including police intimidation especially in …
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
Florida's Post 2000 Voting Systems Overhaul: The Road To Perdition, 23 J. Marshall J. Computer & Info. L. 497 (2005), Lida Rodriguez-Taseff
UIC John Marshall Journal of Information Technology & Privacy Law
In early 2001, after the disastrous election of 2000, Florida decided to revamp its voting systems, as well as its elections laws, because it did not want another disaster. The “Electronic Voting Systems Act” (the “Act”), ostensibly modernized Florida’s outdated voting machines by authorizing the use of “electronic and electromechanical voting systems in which votes are registered electronically or are tabulated on automatic tabulating equipment or data processing equipment” prohibiting any apparatus or device “for the piercing of ballots by the voter”. Central to the recount process overhaul was the introduction in Florida of a whole new type of voting …