Internet Law Commons^™

Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …

Cybermedicine: Mainstream Medicine By 2020/Crossing Boundaries, 19 J. Marshall J. Computer & Info. L. 557 (2001), Kim Solez, Sheila Moriber Katz

UIC John Marshall Journal of Information Technology & Privacy Law

Cybermedicine, or “the discipline of applying the Internet to medicine,” is rapidly becoming more and more mainstream, and it will ultimately transform medicine completely. Cybermedicine uses “global networking to educate, innovate and communicate in ways that promote medical practice, commerce, scholarship, and empowerment.” Cybermedicine is taking place all over the world and in all walks of life. Currently, Web and e-mail based programs connect doctors to patients, doctors to doctors, and patients to patients with numerous beneficial results. E-mail is particularly important today because not everyone has access to high-speed Internet connections. The impending improvements in technology and the possibilities …

Issues For Healthcare Companies When Contracting With Asps, 19 J. Marshall J. Computer & Info. L. 569 (2001), Karen K. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article gives the reader information on what to look for when choosing an outsourcing or ASP provider. The second section provides information negotiating a service level agreement, including information on service levels, payment terms, customer responsibility, dispute resolution and confidentiality.

Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers

UIC John Marshall Journal of Information Technology & Privacy Law

In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …

Whose Genetic Information Is It Anyway? A Legal Analysis Of The Effects That Mapping The Human Genome Will Have On Privacy Rights And Genetic Discrimination, 19 J. Marshall J. Computer & Info. L. 609 (2001), Deborah L. Mclochlin

UIC John Marshall Journal of Information Technology & Privacy Law

"There is no information more personal and private than one's genetic information" – one's DNA. Under the Human Genome Project, mapping of the human genetic code is under way. From this mapping of genetic code, information such as the likelihood of developing cancer, diabetes, etc. would certainly become available. Although this information may be helpful to one's health providers, companies and governments may begin to use this information to discriminate individuals based on their genetic predispositions. This article focuses on the current federal legislation while proposing a new federal legislation in light of this great genetic endeavor. Legislation "has always …

The Electronic Communications Privacy Act: Does The Answer To The Internet Information Privacy Problem Lie In A Fifteen Year Old Federal Statute? A Detailed Analysis, 20 J. Marshall J. Computer & Info. L. 1 (2001), Henry M. Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

In 1986, Congress enacted the Electronic Communications Privacy Act ("ECPA") to update and clarify federal privacy protections and standards in light of changes in new technologies. Since, then, however, the Internet has grown immensely and this article discusses whether a new federal legislation is needed to meet the challenge. The author starts his analysis by defining what is "information privacy right." Then, he discusses how this right is been used and misused on the Internet. Following such definition, he discussed the ECPA Title II in detail. He analyses provisions of the ECPA, including section 2701, the definition of "access," sections …

Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is here to stay. Consequently, disputes in this cyberspace are heard in courts nationwide, and one of the most fundamental litigation questions is the personal jurisdiction. In this article, the authors discuss the difficulties courts have in defining the degree of interaction between the Web site operator and online users. The authors first discuss the background of how courts tackle the personal jurisdiction issue. Then, as the society leaps into the cyberspace, authors analyze how this great development in technology and communications creates challenges to courts in grounding personal jurisdictional issues. By going through case analyses, authors show …

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 20 J. Marshall J. Computer & Info. L. 91 (2001), Ryan Alexander, Robert S. Gurwin, Dominick Lanzito, Nicole D. Milos, Bridget O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

In this bench memo, the Supreme Court of the state of Marshall is asked to decide whether the actions of defendant, Marshall Manatees, evidence a theory of false light invasion of privacy as defined by the Restatement (Second) of Torts and whether defendant's actions of comparing the digital photographic images collected at the Marshall Center to their database and ultimately posting plaintiff's photo on its billboard constituted an actionable claim for misappropriation. Plaintiff, Allen Sanders, attended a professional basketball game where the Marshall Manatees were hosting an opposing team at the Marshall Center. He purchased the ticket online and received …

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 20 J. Marshall J. Computer & Info. L. 109 (2001), Gregory Brady, Steven Brooks, Christian Sullivan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 20 J. Marshall J. Computer & Info. L. 151 (2001), Courtney Scantlin, Mekisha Walker, Warren Clint Wells

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Cooperation Of States With The International Criminal Court, Valerie Oosterveld

Law Publications

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …

Is Coppa A Cop Out? The Child Online Privacy Protection Act As Proof That Parents, Not Government, Should Be Protecting Children's Interests On The Internet, Melanie L. Hersh

Fordham Urban Law Journal

This Note first presents a historical background of media regulations protecting children, and introduces COPPA. Next, it presents the arguments fueling the debate about who should regulate the Internet - the government or non-government entities. It then argues that in light of COPPA's shortcomings and faulty attempts to emulate regulations of other media, the government should step back and allow parents to maintain the bulk of regulatory responsibility. Finally, it suggests a future course of action for successfully regulating the Internet to protect children's privacy while taking into account the Internet's dissimilarity to previously regulated media. This Note concludes that …

The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys

Seattle University Law Review

This Note focuses on the application of the Digital Millenium Copyright Act (DMCA) to prohibit the posting and linking of "circumvention technology" on the Internet, while also addressing the larger issue of the unintended consequences that regulating cyberspace can have on free expression. Because hypertext links play such a fundamental role in the utility of the Internet, this Note argues that the application of the DMCA's anti-trafficking provisions to enjoin linking places a significant and unwarranted burden on the Internet as a forum for free expression. Section II is intended to provide a brief background of the technological and legal …

Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field

UIC Law Review

No abstract provided.

Icann't Use My Domain Name? The Real World Application Of Icann's Uniform Domain-Name Dispute Resolution Policy, 34 J. Marshall L. Rev. 1027 (2001), Karl Maersch

UIC Law Review

No abstract provided.

Is Zippo's Sliding Scale A Slippery Slope Of Uncertainty? A Case For Abolishing Web Site Interactivity As A Conclusive Factor In Assessing Minimum Contacts In Cyberspace, 34 J. Marshall L. Rev. 1051 (2001), Jason Green

UIC Law Review

No abstract provided.

Laman Web Undang-Undang Siber, Abd.Manan Tajul Arifin

Student Works (2000-2009)

Kertas kerja yang dihasilkan ini memberikan penerangan yang lengkap mengenai pembinaan dan pembangunan sebuah laman web yang dinamakan laman web undang-undang siber. Laman ini merupakan laman web yang pertama yang akan membentangkan secara terperinci mengenai Undang-undang Siber. Projek yang dibangunkan ini adalah untuk memberi pendedahan dan menyampaikan mak.lumat terperinci kepada pengguna internet mengenai undang-undang siber di Malaysia. Laman web ini mempunyai pengenalan dan objektif pembangunan laman web, Aleta Tandatangan Digital, Akta Hak Cipta, Akta Teleperubatan, Akta Jenayah Komputer dan Akta Komunikasi clan Multimedia. Laman ini juga mempunyai menu pentadbir untuk menjadikan laman ini sebuah laman web dinamik. Pembangunan laman web …

E-Obviousness, Glynn S. Lunney Jr.

Michigan Telecommunications & Technology Law Review

As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …

The Cyberpiracy Prevention Act: Reconciling Real Space Sectoral And Geographical Distinctions In The Use Of Internet Domain Names Under The Lanham Act, Stuart A. Weinstein

University of Miami Business Law Review

No abstract provided.

Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel

Faculty Publications

With nearly seven percent of the world's population currently online and e-commerce forecast to hit $6.8 trillion by 2004, one need not be Nostradamus to predict that the Internet means great change for all industries - including the insurance industry. Presently, however, the proverbial cart is leading the horse as the insurance industry struggles to develop strategies to quantify, cover, and contain "cyber-risks." Policyholders also face new challenges as they confront the possibility that their traditional insurance coverages are woefully inadequate either to secure their electronic and intellectual property assets or to guard against their potential e-commerce liabilities to third …

Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.

Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …

Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman

Seattle University Law Review

This Comment will first survey the law of cybersmear, illustrating the paradigmatic issues and legal theories employed. Then, it will discuss the free speech issues and theoretical bases argued in court and legal journals, paying special attention to the shortcomings in current protection of defendant anonymity. Next, it will examine the value of online anonymity and the protections that the Strategic Lawsuit Against Public Participation (SLAPP) theory offers. Finally, given the breakdown in the public and private space dichotomy, this Comment will argue for a new understanding of the SLAPP constitutional protections in cyberspace. This understanding will recognize the powerful …

Regulatory Initiatives And The Internet: A New Era Of Oversight For The Securities And Exchange Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Web Of Manipulation: The Learned Intermediary Doctrine And Direct-To-Consumer Advertising On The World Wide Web, 35 J. Marshall L. Rev. 97 (2001), April L. Foreman

UIC Law Review

No abstract provided.

Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry Ii, Michele L. Mekel

UF Law Faculty Publications

Insurers' responses to the risks inherent in e-commerce and the demand for coverage have been anything but uniform. Instead, the solutions are a patchwork of stop-gap measures and niche offerings, including: (1) exclusions to coverage; (2) modifications to existing policies in order to extend or to limit coverage; and (3) the creation of new policies that specifically target Internet-related liabilities and losses. These various measures have been applied in both the first- and third-party settings. This article presents an overview of some of the risks involved in the new "e-economy" and surveys how insurers are responding to these new risks.

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …

Yahoo And Democracy On The Internet, Joel R. Reidenberg

Faculty Scholarship

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …