Internet Law Commons^™

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers

UIC John Marshall Journal of Information Technology & Privacy Law

Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer

UIC John Marshall Journal of Information Technology & Privacy Law

Application Service Providing ("ASP"), where a vendor hosts a software application on her server and grants customers access to the application over a network -- without the software application itself being installed on the user’s computer -- is used by many, e.g. in the form of Web based e-mail services, and grows ever more important. This article argues that although ASP mainly raises questions (i) that come up in the context of traditional use of computer programs; or (ii) that have been addressed in the context of online use of works other than software, ASP has significantly different copyright implications …

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

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Remedying The Lose-Lose Game Of Compulsive Gambling: Voluntary Exclusions, Mandatory Exclusions, Or An Alternative Method?, 40 J. Marshall L. Rev. 1221 (2007), William N. Thompson, Robert W. Stocker Ii, Peter J. Kulick

UIC Law Review

No abstract provided.

Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose

UIC Law Review

No abstract provided.

"Heads-I-Win, Tails-You-Lose": The Predicament Legitimate Small Entities Face Post Ebay And The Essential Role Of Willful Infringement In The Four-Factor Permanent Injunction Analysis, 41 J. Marshall L. Rev. 189 (2007), William R. Everding

UIC Law Review

No abstract provided.

If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, 40 J. Marshall L. Rev. 425 (2007), Mary Marsh Zulack

UIC Law Review

No abstract provided.

Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper

UIC Law Review

No abstract provided.

Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li

Washington International Law Journal

On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …

Justice, And Only Justice, You Shall Pursue: Network Neutrality, The First Amendment And John Rawls's Theory Of Justice, Amit M. Schejter, Moran Yemini

Michigan Telecommunications & Technology Law Review

As broadband becomes the public's technology of choice to access the Internet, it is also emerging as the battlefield upon which the struggle for control of the Internet is being fought. Operators who provide physical access to the service claim the right to discriminate among the content providers who use the infrastructure in which the operators have invested. In contrast, content providers warn that exercising such a policy would "undermine the principles that have made the Internet such a success."[...] For academic observers, analysis of this issue has thus far been confined to the areas of property law, innovation, and …

Copyright And Youtube: Pirate's Playground Or Fair Use Forum?, Kurt Hunt

Michigan Telecommunications & Technology Law Review

The entertainment industry has a history of framing new technology as piracy that threatens its very existence, regardless of the potential benefits of the technology or the legal limits of copyright rights. In the case of YouTube, copyright owners' attempts to retain content control negatively impact the public's ability to discuss culture in an online world. This implicates the basic policy behind fair use: to prevent copyright law from "stifl[ing] the very creativity which that law is designed to foster." The internet has become a powerful medium for expression. It is a vital tool in today's world for sharing original …

Virtual Worlds - Real Courts, Kevin W. Saunders

Villanova Law Review (1956 - )

No abstract provided.

Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long

UIC Law Open Access Faculty Scholarship

Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow's infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answered by Larry Lessig's reply that code may in fact be used to regulate cyberspace, but the reality is that social norming demands, the evanescence of technological controls, and the perceived utility of illicit conduct utilizing the internet make any regulation problematic at …

Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina Mulligan

Faculty Scholarship

No abstract provided.

Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus

NYLS Law Review

No abstract provided.

Will Youtube Sail Into The Dmca's Safe Harbor Or Sink For Internet Piracy?, 6 J. Marshall Rev. Intell. Prop. L. 550 (2007), Michael Driscoll

UIC Review of Intellectual Property Law

Is YouTube, the popular video sharing website, a new revolution in information sharing or a profitable clearing-house for unauthorized distribution of copyrighted material? YouTube’s critics claim that it falls within the latter category, in line with Napster and Grokster. This comment, however, determines that YouTube is fundamentally different from past infringers in that it complies with statutory provisions concerning the removal of copyrighted materials. Furthermore, YouTube’s central server architecture distinguishes it from peer-to-peer file sharing websites. This comment concludes that any comparison to Napster or Grokster issuperficial, and overlooks the potential benefits of YouTube to copyright

Globalization Of Legal Practice In The Internet Age, Leonard Bierman, Michael A. Hitt

Indiana Journal of Global Legal Studies

The Internet's global reach has had a significant impact on the legal profession. This essay explains a few of the key developments in this area, including: competition fueled by outsourcing legal work to lower-wage earning lawyers around the world, "virtual work" changing client interaction and attorney work schedules, law firm reputation as a result of information availability on the Internet, work-product monitoring and the commoditization of legal services, and work force diversity spurred by the influence of international clients.

Globalization of The Legal Profession, Symposium. Indiana University School of Law-Bloomington, April 6, 2006

Safe From Sex Offenders? Legislating Internet Publication Of Sex Offender Registries, Christina Locke, Bill F. Chamberlin

UF Law Faculty Publications

In July 2005, the U.S. Department of Justice implemented the National Sex Offender Public Registry, which links the registries of individual states. A year later, the Adam Walsh Bill created the Dru Sjodin National Sex Offender Public Website, which required the Department of Justice to maintain a comprehensive national sex offender registry.

The purpose of this article is to examine the statutory provisions of every state and the District of Columbia regarding the use of the Internet as a tool in administering Megan's Law. The analysis begins by examining sex offender registration and notification laws at the federal level and …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin

Richmond Journal of Law & Technology

I hope you enjoy the third issue of the Richmond Journal of Law and Technology for the 2006-2007 academic year, our Annual Survey of Electronic Discovery. This is our first annual survey since the new amendments to the Federal Rules of Civil Procedure, which at the time of this publication have been in effect for several months, that affect electronic discovery in several significant ways. The entire staff of the Journal has worked diligently to bring these articles to our readers. Whether you are new to the Journal and electronic discovery, or whether you are a long-time reader, you will …

Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron

Richmond Journal of Law & Technology

Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.

Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger

Richmond Journal of Law & Technology

Alexis de Tocqueville wrote that “every new invention, every new want which it occasioned, and every new desire which craved satisfaction were steps toward a general leveling [of society].” The changes wrought by the growth of Internet use reaffirm the truth of the statement. The Internet has created new opportunities for communication and expanded the reach of speakers more than any medium yet conceived.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.

Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter

Richmond Journal of Law & Technology

Attorneys are, in a sense, their own gatekeepers. Like many professions, the legal profession is self-regulating.2 However, ethical and professional rules have always acted as the gates of attorney conduct – restricting and guiding attorneys in their professional actions. Ethical rules continue to serve this function when attorneys utilize the Internet to reach a larger community.

Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali

Faculty Publications

Three employees of Mphasis, a business process outsourcing ("BPO") firm, which runs call center services for Citibank's U.S. customers in Bangalore, India, were arrested for allegedly siphoning $350,000 from the accounts of Citibank's U.S. customers. These employees used their positions, which provided them access to Citibank customers, to induce four customers into giving out the personal identification numbers to their accounts, allowing the employees to illegally siphon funds out of those accounts. Outsourcing is a growing trend among budgetconscious U.S. companies and institutions. Information being outsourced includes personal data and confidential proprietary information. For example, Unisys Corporation, a company that …