Internet Law Commons^™

Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.

Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky

UIC John Marshall Journal of Information Technology & Privacy Law

This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …

The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen

UIC John Marshall Journal of Information Technology & Privacy Law

With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …

Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor

UIC John Marshall Journal of Information Technology & Privacy Law

This article compares the need of individuals for privacy and the U.S. government's desire for encryption regulation. The impact that CESA on cyberspace security and crime are fully discussed. Furthermore, a brief background on the advantages and disadvantages of encryption are investigated. A history of legislative effort to provide decryption tools are examined and outlined. Next, the comment provides an analysis of CESA, its legal implications and issues involving its effectiveness are discussed. A solution proposed by the author to redraft and amend CESA provides individuals with privacy protection.

The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo

UIC John Marshall Journal of Information Technology & Privacy Law

Before 1994, the average Internet user received little unsolicited commercial email, or "spam." But that all changed in April 1994, when enterprising Arizona lawyers Laurence Canter and Martha Siegel sent spam advertising their immigration law "services" to approximately 8,000 Usenet newsgroups reaching approximately 20 million people. It inspired irate Usenet users to flame Canter and Siegel in such great volume that the attorneys' ISP's computer crashed. The computer overloads Canter and Siegel's stunt caused also completely knocked out New Zealand's Internet access. But the ads must have worked because despite the fallout, Cander and Siegel persisted in their spam ad …

Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …

Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …

Invasion Of The Information Snatchers: Creating Liability For Corporations With Vulnerable Computer Networks, 18 J. Marshall J. Computer & Info. L. 1019 (2000), Sarah Faulkner

UIC John Marshall Journal of Information Technology & Privacy Law

Computer hackers are a serious threat to businesses and their customers, particularly if those businesses operate complex computer networks or operate as on-line businesses. However, now that corporate telecommunication networks are becoming more sophisticated, a company's phone system may also be susceptible to invasion. These telephonic hackers, called phone phreaks (and telecom hacking itself is known as phreaking), can cause large monetary losses as well. The question of who is liable for these losses, losses that are specifically caused by illegal activity, is the subject of this comment. This comment addresses the issue of liability for monetary losses in the …

The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian

UIC John Marshall Journal of Information Technology & Privacy Law

The demands of social democratic government, the growth of electronic commerce, and the advance of technology have fueled the debate over internet privacy. Technology offers unprecedented opportunities but can also become tools of abuse. Debate in the United States centers around the conflicting interests of industry self-control versus government regulation. Technological and market-based solutions are ineffective because they lead to inadequate and inconsistent protection. Many user-driven privacy choices can impede the growth of consumer trust. Voluntarily adopted privacy policies are either extremely limited or easily circumvented with tracking technology that allows no consumer control over the collection of their personal …

Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer

UIC John Marshall Journal of Information Technology & Privacy Law

The free flow if information is critical to open society. In the United States, the tradition of open information provides the intellectual oxygen for the development American freedom, knowledge, technology, and commerce. In contrast to the right to communicate and obtain information, privacy is not an established right in the United States, except with respect to physical trespass by the government and reproductive freedom. A federal privacy czar would necessarily limit the unauthorized collection, use, and dissemination of personal information. Privacy czars invariably become privacy advocates and take active stances to discourage the free flow of information about persons and …

Recent Developments In Private Sector Personal Data Protection In Australia: Will There Be An Upside Down Under, 19 J. Marshall J. Computer & Info. L. 71 (2000), Paul Kelly

UIC John Marshall Journal of Information Technology & Privacy Law

Although the United States enacted the one of the first data protection laws, many Americans are suspicious of European data protection regulations. The U.S. and Japan are notable exceptions to the modern trend toward comprehensive informational privacy regulation. European data protection laws are stricter, more comprehensive, and more bureaucratic than non-European counterparts. Newer regulatory models, such as those introduced in Australia, provide an acceptable compromise between the American self-regulatory approach and the comprehensive European approach. Australia has a federal agency responsible for administering its information privacy laws and is moving towards a co-regulatory approach between government and the private sector.

Protecting Individual On-Line Privacy Rights: Making The Case For A Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000), Jack Karnes

UIC John Marshall Journal of Information Technology & Privacy Law

Few issues have caused more legal consternation than the level to which individual online privacy rights should be protected. Modern equipment and software enables those who seek to violate privacy rights render a less knowledgeable citizen helpless. Traditional privacy protection is inadequate to protect a fundamental right. Neither Congress nor the courts have dealt with the issue in an effective manner like they have dealt with other areas like telephone and wireless phone communications. The online privacy dilemma is reaching a crisis point. Employers are able to monitor employees’ uses of equipment to prevent any and all personal uses of …

The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher

UIC John Marshall Journal of Information Technology & Privacy Law

The United States is well on its way to having a federal agency that regulates online privacy. In the last five years, the Federal Trade Commission (FTC) has assumed increasing jurisdiction over online privacy. The FTC’s true intent to regulate online privacy became evident when it recommended that Congress enact legislation to strengthen its growing power to regulate internet privacy. The FTC uses threats of administrative enforcement actions to guide industry self-regulation through the use of unfair trade practices actions. The FTC acts because consumers feel entitled to data privacy and promotes Web site privacy practices through education and attempts …

Toward An Architecture Of Privacy For The Virtual World, 19 J. Marshall J. Computer & Info. L. 151 (2000), Paul Toscano

UIC John Marshall Journal of Information Technology & Privacy Law

The internet is expanding. As users become more computer literate, the world becomes more reliant on the virtual one. The internet and wireless communications have fostered global commerce on an unprecedented scale. Because it lacks boundaries, cyberspace is difficult for regulate with traditional methods of governance. Security, privacy, and integrity of information are thus available to only a minority of users in restricted communities. Outside, users are on their own or must rely on the partial solutions available to them. To date, there is no consensus on what security, privacy, and integrity of information really mean. The internet needs a …

The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On Us-China Relations: Marco Polo, Where Are You?, 19 J. Marshall J. Computer & Info. L. 169 (2000), Omar Saleem

UIC John Marshall Journal of Information Technology & Privacy Law

The desire to explore new worlds and to exchange ideas and goods should be the impetus behind the Internet, the virtual Silk Road connecting the east and west. The Chinese government considers the Internet a vital part of its modernization plans. There are millions of Chinese citizens online and that number continues to grow. China’s policy towards online privacy regulation will have a significant impact on the rest of the world. Technology has outpaced law in the arena of privacy regulation. Some scholars believe the Internet should be unregulated. Others fear that commerce will overrun privacy concerns. The sheer volume …

Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos

UIC John Marshall Journal of Information Technology & Privacy Law

In this book review of Simon Garfinkel's "Database Nation: The death of privacy in the 21st century," the author echoes George Orwell's prophetic vision of a totalitarian government prying on citizens' privacy in "1984." However, Database Nation presents a future where privacy has become a costly commodity: individuals fight dearly to hold such privacy from prying eyes. From the history of information age to advocating privacy protection legislations, the author discusses how Garfinkel pieces together the forming of the database nation. From health care providers to credit bureaus and from satellite surveillance to consumer purchasing habits, Garfinkel urges readers to …

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin

UIC John Marshall Journal of Information Technology & Privacy Law

In this bench memo, the high court is asked to decide two issues: whether the information disseminated by defendant invaded plaintiff's privacy as defined by the Restatement (Second) of Torts governing public disclosure of private facts; and whether defendant's use of cookie technology to gather the information displayed about plaintiff constituted an invasion of her privacy. Defendant provides a commercial online job search services that provides employment assistance to online users. In return of the free service, users are required to create a "profile" with personal identifying information such as name, phone number, address and e-mail. At the bottom of …

Of Black Holes And Decentralized Law Making In Cyberspace, David G. Post

Vanderbilt Journal of Entertainment & Technology Law

MAPS, the primary focus of this tale, is a California non-profit limited liability company. It coordinates a kind of group boycott by Internet service providers (ISPs) for the purpose of reducing the flow of what is commonly called "spam"- unsolicited bulk e-mail. It operates, roughly, as follows. The managers of MAPS create and maintain what they call the "Realtime Blackhole List" (RBL), which consists of a long list of Internet addresses. They place on the RBL any Internet address from which, to their knowledge, spam has originated. They also place on the RBL the address of any network that allows …

The Electronic Self-Help Provisions Of Ucita: A Virtual Repo Man?, 33 J. Marshall L. Rev. 663 (2000), Craig Dolly

UIC Law Review

No abstract provided.

Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn

Articles

The sudden emergence of the Internet as a global network threatens to eclipse the importance of the global information infrastructure painstakingly built by financial institutions and their regulators over the past three decades. The open public nature of the Internet threatens the value of the closed proprietary networks developed by financial institutions that now face serious problems in integrating their legacy systems and new Internet systems.

Information system security, once a dreary back office matter, is now central to the success of e-commerce business plans. Before financial institutions can capitalize on their expertise in information system security, they will have …

Cyberspace And The "Devil's Hatband", Jonathan J. Rusch

Seattle University Law Review

In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …

"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat

Seattle University Law Review

Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …

International Commercial Arbitration And Information Technology, Ganesh Chandru

Student Works (2000-2009)

The thesis is divided into six chapters and it endeavors to describe the interface between International Commercial Arbitration and Information Technology. The use of computers, e-mail, online conferences and the Internet have two-fold impact on arbitration. On the one hand it sets new standards in International Commerce. Electronic Commerce is an example. Intellectual Property issues also arise over the Internet. The issues at stake with respect to arbitration are, can arbitration be a means of dispute resolution in this context? After a general introduction in the first chapter, the kinds of disputes that may arise over Internet and in Electronic …

"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels

Indiana Law Journal

No abstract provided.

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …

Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur

Indiana Law Journal

No abstract provided.

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

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

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.

Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee

Richmond Journal of Law & Technology

In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …