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Articles 361 - 390 of 794
Full-Text Articles in Internet Law
The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin
The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin
UIC John Marshall Journal of Information Technology & Privacy Law
This bibliography is an annotated list of sources, including books, official documents, and web sites, that discuss the national and international issues surrounding electronic commerce and digital signatures. The sources are quite diverse and offer a wide range of research opportunities, which may save you untold research time by helping to narrow your search. For your convenience, the sources have been organized into several topic categories: Electronic Commerce (In general) Digital Signatures Certification Authorities Infrastructure Models and Authentication Techniques Uniform Commercial Code/ Statute of Frauds and Evidentiary Issues Encryption, Cryptography and Security Issues Foreign and International Aspects. Note that all …
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
UIC John Marshall Journal of Information Technology & Privacy Law
This comment suggests that individual United States citizens deserve a chance to propose legislature directly to the legislature; additionally, individuals should be permitted to vote on federal legislation before the President enacts it. The comment proposes that there be a popular electronic vote on all federal legislation. It discusses the history behind this proposition, including the Constitution, the legislature, and the history of elections and voting in the United States. Additionally, it discusses the media's influence on elections, the principles of direct democracy, and the evolution of the Internet. The comment details the ways this proposition would benefit the current …
Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes
UIC John Marshall Journal of Information Technology & Privacy Law
Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …
Technology Arms Peeping Toms With A New And Dangerous Arsenal: A Compelling Need For States To Adopt New Legislation, 17 J. Marshall J. Computer & Info. L. 1167 (1999), Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
With the rapid growth of technology, voyeurs are now armed with mechanical devices that aid them in their attempt to invade one's privacy. In addition, the images are now recorded and available for others to view. The introduction of the Internet as a medium to distribute material obtained from voyeurs increases the harm of video voyeurism to an international level. Despite the rapid growth of video voyeurism, numerous states have adequate statutes that make this act a crime. In addition, many state statutes fail to include provisions directed at new advancements in technology and the distributors of voyeur recorded material. …
Digital Value Units, Electronic Commerce And International Trade: An Obituary For State Sovereignty Over National Markets, 17 J. Marshall J. Computer & Info. L. 1197 (1999), Shahriar Tavkol
UIC John Marshall Journal of Information Technology & Privacy Law
This comment concentrates on the economic and commercial effects of e-money, primarily in the form of digital value units ("DVUs"). E- money, especially in the form of DVUs, will greatly affect the sovereignty of nations: the use of e-money will diminish a country's control of its own money supply and result in less control over national markets for currency. Part II(A) addresses the history of money, before and after the Internet's creation. Part II(B) discusses the economics of e-money and the interactivity between governments, national markets, and commerce. Part II(C) addresses the role of governments before and after the Internet's …
State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille
UIC John Marshall Journal of Information Technology & Privacy Law
This article attacks the validity of the controversial holding in the Donis case that allows law enforcement officers to use personal information provided by the Department of Motor Vehicle ("DMV") at the officers' discretion. The main hurdle that the court had to overcome was the New Jersey Constitution. Ultimately the court found that the personal information was not protected because it was being used for legitimate law enforcement practices. The underlying sentiment of the court is that law officers would not abuse their authority when searching for stolen vehicles and invalid drivers licenses using a mobile data terminal ("MDT"). The …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
UIC John Marshall Journal of Information Technology & Privacy Law
This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins with a comparison of UCITA and UCC Article 2 and shows how much less restraint the drafters had while drafting the UCITA in early 1995. It was during this time that UCC Article 2 was still undergoing revision. This article continues with the author's detailed examination of the underlying major structural and policy defects in UCITA that require the drafters' attention before it is made into law. The author defines the scope of UCITA as being too broad. Furthermore, the author deconstructs and criticizes various sections of UCITA.
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
The author explains the significance and benefits of UCITA and its major role in clarifying contractual agreements as it responds to the technological age of computer information. The author articulates that the benefits of UCITA are many and advantageous, especially for individuals and small businesses. The benefits of contract formation in UCITA are further elaborated upon in this article. Furthermore, the author delves into the concepts of Rules of Construction and Warranties. Other topics of discussion include transfers of interests and rights, financing arrangements, performance, breach of contract, mass market v. non-mass market transactions, and finally, remedies.
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
UIC John Marshall Journal of Information Technology & Privacy Law
This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach …
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
UIC John Marshall Journal of Information Technology & Privacy Law
This article investigates the software engineering community's direct opposition to UCITA. The author begins by detailing the adverse effect of UCITA on software development and how it will interfere with public interest. Secondly, the author expounds on the rules governing intellectual property and how UCITA would interfere with both users and creators in this field. Thirdly, the author lays out UCITA's rules relating to electronic communication and its uncostly bearings on e-mail. Next, the author explains how UCITA interferes with engineering practices. Furthermore, the author provides a glimpse of UCITA's interference with software engineers and small consulting firms. Lastly, the …
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
The increasing use of the Internet as a marketplace has invariably resulted in a race for recognition among market forces. The use of slogans and trade names, which in the "real world" are the centerpiece for competition, has followed onto the Internet. These "domain names" are the lifeblood of businesses competing for the almighty dollar from consumers. As the billion dollar a year Internet business place has developed, the fight over domain names began. Today as a result of the lack of domains available, lawsuits and disputes have resulted. The inability or unwillingness of Internic and the government to find …
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
UIC John Marshall Journal of Information Technology & Privacy Law
The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
The United States was once the major producer of goods in the world. Today, the United States is the major consumer of goods. In addition, the United States is now the major developer and distributor of information such as software, content, news and entertainment. As a result of this new emphasis in information and services in the United States, Article 2B of the U.C.C. deals with transactions and subject matter that have never been covered by a U.C.C. There are many issues reflecting modern commerce. It is important for everyone to understand why an economy and commerce based on information …
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
The Uniform Commercial Code is a product of business practices and social change. During the last two decades, the United States has transformed from an agrarian economy into an industrial power. Recently, the United States has transformed again into a post-industrial society predicated upon the copyright industries. Article 2 of the U.C.C. was drafted more than fifty years ago before the rise of the software industry and the Internet. The proposed Article 2B of the U.C.C. will recognize the new copyright industries and provide a commercial law tailored for the transfer of data, text and other forms of information. The …
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
UIC John Marshall Journal of Information Technology & Privacy Law
Various provisions in proposed U.C.C. Article 2B seek to increase the protection that is currently afforded to consumers. Generally, consumer law is made up of a series of default rules which operate in commercial settings. The default rules function in such a way as to free commercial entities from having to contract for every minor detail. However, default rules often function to the detriment of consumers because the consumer is not is a position to negotiate the provisions nor can they appreciate the ramifications of the default provisions. The purpose of the U.C.C. has been to provide default rules while …
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
UIC John Marshall Journal of Information Technology & Privacy Law
Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
UIC John Marshall Journal of Information Technology & Privacy Law
Buyers and Sellers of goods make all kinds of statements to each other about the nature of the contract between them. They make promises and state conditions that relate to price, quantity, means of delivery, remedies, repairs and maintenance, and a whole host of other terms. Interestingly, Section 2-313 of Article 2 of the Uniform Commercial Code ("U.C.C.") takes one kind of statement, express warranties, and treats it in a very special manner. This article will examine the reason for this different treatment and ask whether such different treatment should be extended into the draft of Section 2B-402, Express Warranties, …
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …