Internet Law Commons^™

May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom

UIC John Marshall Journal of Information Technology & Privacy Law

The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the …

Portable Learning For The 21st Century Law School: Designing A New Pedagogy For The Modern Global Context, 26 J. Marshall J. Computer & Info. L. 371 (2009), Catherine Dunham, Steven I. Friedland

UIC John Marshall Journal of Information Technology & Privacy Law

The authors argue that teaching can and should occur even after the fixed-location class has ended. The article suggests that a more portable learning environment would better match the changing world and make legal education more effective. While this notion is not revolutionary in many other educational contexts, it has not had much impact in legal education to date. Yet, with 21st century students ready and willing to receive portable education and the metacognition of learning supporting such venues, portability in legal education is primed for its moment. Additionally, the article points out that accepting portability merely as a part …

Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

UIC John Marshall Journal of Information Technology & Privacy Law

This article explores the economic rationale for applying product liability law to computer software. As demonstrated in the article, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software requiring that the customer be actively involved in the selection, operation and maintenance thereof. The authors show that for this type of “extrinsic” software, a strict liability rule is unlikely to be economically optimal and, therefore, choosing a generic liability regime …

Ethics Of Pretexting In A Cyber World, Steven C. Bennett

McGeorge Law Review

No abstract provided.

Your Opponent Does Not Need A Friend Request To See Your Page: Social Networking Sites And Electronic Discovery, Derek S. Witte

McGeorge Law Review

No abstract provided.

Play Harms: Liability And The Play Conceit In Virtual Worlds, Alec Levine

McGeorge Law Review

No abstract provided.

Enterprise Systems And Corporate Governance: Parallel And Interconnected Evolution, 26 J. Marshall J. Computer & Info. L. 359 (2009), Themistokles Lazarides, Maria Argyropoulou, Dimitrios N. Koufopoulos

UIC John Marshall Journal of Information Technology & Privacy Law

Today's business requirements have moved Enterprise Systems ("ES") governance into the focus of attention as they are necessary in supporting business processes in many organizations. Corporate Governance ("CG") and ES constitute two seemingly dissimilar research areas that attract the interest of completely different academics as practitioners. However, at a time when there is an increasing focus on CG practices and the impact of ES on corporate performance, these topics are tightly connected and complimentary. Given the fact that ES can contribute positively in achieving business objectives, it is imperative to discuss the relationship of CG and information technology ("IT"). Moreover, …

Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao

UIC John Marshall Journal of Information Technology & Privacy Law

The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …

Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, 26 J. Marshall J. Computer & Info. L. 415 (2009), Joshua N. Azriel

UIC John Marshall Journal of Information Technology & Privacy Law

The article discusses how social networking sites can pose a danger to victims of online offensive content. Part II provides an overall analysis of the dangers the Internet, especially social networking, poses to victims. Part III reviews Section 230 of the CDA, including the “Good Samaritan” provisions for social networking websites such as Twitter and Facebook. Part IV analyzes three recent court cases that demonstrate how these social networking tools are used as weapons to harm victims. Part V concludes with a discussion of how the growing number of online incidents stem from social networking sites. It recommends that Congress …

Average Teenager Or Sex Offender? Solutions To The Legal Dilemma Caused By Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009), Shannon Shafron-Perez

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate. This discussion primarily focuses on the criminal aspects of: (1) minors who voluntarily create and disseminate nude text messages of themselves; and (2) minors who receive nude photographs of other minors. Part II traces the development of sexting. Part III describes the history and rationale behind prohibiting child pornography. In Part IV, the article examines the application of child pornography laws to sexting cases in …

The Challenge Of Internet Anonymity: Protecting John Doe On The Internet, 26 J. Marshall J. Computer & Info. L. 469 (2009), Susanna Moore

UIC John Marshall Journal of Information Technology & Privacy Law

The article notes that the question of what tests courts should use in deciding whether to reveal the identities of anonymous Internet users is unsettled. Part II of the Article discusses the various tests courts have applied in determining whether the identity of an anonymous Internet user should be revealed—including a good-faith test, a summary judgment standard, and a balancing test. Part III analyzes the merits of each test. Finally, Part IV concludes by recommending the appropriate test courts should use in deciding whether to reveal the identities of anonymous Internet users.

The Black Box Canon Of Statutory Interpretation: Why The Courts Should Treat Technology Like A Black Box In Interpreting Computer Crime Statutes, 26 J. Marshall J. Computer & Info. L. 487 (2009), Peter V. Roman

UIC John Marshall Journal of Information Technology & Privacy Law

The author points out that when reading computer crime statutes, federal courts sometimes study the minutiae of technology at the expense of congressional intent, plain language, and fair warning to criminal defendants. The author asserts that by focusing on the actual, but transient and morally irrelevant, design of information systems, the courts are undermining criminal law in the digital world. The author explains how traditional tools of statutory interpretation have failed to stop this approach to the interpretation of computer crime statutes. To solve this dilemma, the author points out that courts need a new tool to help them apply …

University Research Under Siege: How The War On Terror Has Placed Academic Freedom Under Fire, 26 J. Marshall J. Computer & Info. L. 547 (2009), James Templin

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment analyzes the proposed revisions to United States export regulations contained in the Deemed Export Advisory Committee’s 2007 report. While the Advisory Committee’s work was much needed and its recommendations laudable, this comment discusses why its recommendations must be narrowly tailored in order to preserve the competitiveness of U.S. businesses and universities in the globalizing world and to advance national security. Part II explains the regulations that govern U.S. exports, including the deemed export regulatory regime and how those rules implement a range of national obligations and interests. This Part also discusses the events that threatened to significantly burden …

Antitrust Law - A Stranger In The Wikinomics World? Regulating Anti-Competitive Use Of The Drm/Dmca Regime, 27 J. Marshall J. Computer & Info. L. 1 (2009), Rachel Aridor-Hershkovitz

UIC John Marshall Journal of Information Technology & Privacy Law

Unlike traditional markets, Information Technology (“IT”) markets are characterized by special and unique features that shall be discussed in this paper. Competition in IT markets is dynamic; nonmarket based information production models (‘peer production’) play a significant role in IT markets; and IT market are usually data market rather than product market. The combination of the legal rule prohibiting circumvention of technological measure under the DMCA and the use of DRMs, created a new regime, the DRM/DMCA regime, which bestows the entertainment industry with a new and strong right to control the access to and use of the copyrighted work. …

Virtual Venues: Improving Online Dispute Resolution As An Alternative To Cost Intensive Litigation, 27 J. Marshall J. Computer & Info. L. 81 (2009), Shekhar Kumar

UIC John Marshall Journal of Information Technology & Privacy Law

This paper looks at the growing presence of online alternative dispute resolution in the commercial setting, with the eventual goal of making suggestions to improve current online systems. While out-of-court dispute resolutions such as arbitration and mediation have been a long-time alternative to lengthy litigation, the development of the internet and other advanced forms of communication has lead to an increased presence of, and increased possibilities for, online dispute resolution. The first section of this paper provides a succinct review of the history of online dispute resolution. The focus of the section is two-pronged. The first prong discusses how technological …

2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 27 J. Marshall J. Computer & Info. L. 95 (2009), Sarah M. Knight, William S. Weltman, Andrew T. Call, Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Petitioner, Phillip Nevilson, appeals to the Marshall Supreme Court from a decision affirming the granting of summary judgment in favor of Respondent, Marshoogle, Inc., on his claims of intrusion upon seclusion, publication of private facts, and tortious interference with business expectancy claims. The issues in this case concern whether an individual can state a claim for invasion of privacy against an Internet search engine provider where liability is based on taking a photograph of an individual in his home and the publication of such photograph on a website. The final issue concerns whether the act of publication of the photograph …

2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 27 J. Marshall J. Computer & Info. L. 131 (2009), Megan Peterson, Tyler Rench

UIC John Marshall Journal of Information Technology & Privacy Law

SUMMARY OF THE ARGUMENT: As encroaching technologies shrink the realm of privacy and expose intimate details of the home, courts must craft a solution that will provide a remedy to the injured. When Marshoogle’s prying cameras took photographs of Nevilson seated inside his home, they invaded his privacy by intruding into his private area of seclusion and this court should give Nevilson the opportunity to seek a remedy. Because Nevilson was inside his home when the images were captured, he had a reasonable expectation of privacy, which cannot be lost simply by leaving his curtains open. Marshoogle’s cameras were intentionally …

2009 John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 27 J. Marshall J. Computer & Info. L. 169 (2009), Michael Jones, Stuart Ladner, Sabrina Stone

UIC John Marshall Journal of Information Technology & Privacy Law

SUMMARY OF THE ARGUMENT: Nevilson has not raised a genuine issue of material fact on his intrusion upon seclusion claim. First, Nevilson cannot show Marshoogle intentionally invaded Nevilson’s privacy. When Marshoogle captured the images for its Marshall Avenue Perspective feature, no one physically entered Nevilson’s property or used sensory enhancements or telephoto lenses to pry into his private space. Second, Marshoogle’s actions were not highly offensive to a reasonable person because the photographs were not captured in an effort to exploit or defame Nevilson, but rather were captured in an effort to produce a free and effective virtual map for …

Yes, I Destroyed The Evidence - Sue Me? Intentional Spoliation Of Evidence In Illinois, 27 J. Marshall J. Computer & Info. L. 235 (2009), Michael A. Zuckerman

UIC John Marshall Journal of Information Technology & Privacy Law

Many Illinois litigators have encountered spoliation of evidence, which is the loss, destruction, or alteration of evidence. Examples of spoliation are seemingly endless and include the failure to preserve the scene of a train derailment, the accidental destruction of evidence on a lawyer’s desk by a janitor, the loss of a heater that exploded, the removal of wires from a car that caught on fire, the loss and alteration of medical equipment, and the intentional erasing of a computer image relevant to a copyright lawsuit. To combat spoliation, Illinois and many other states have developed common law and statutory methods …

Extending The Exclusionary Rule: Enforcing Data Quality In National Security Databases And Watch Lists, 27 J. Marshall J. Computer & Info. L. 257 (2009), Christine M. Whalley

UIC John Marshall Journal of Information Technology & Privacy Law

Since its inception, the exclusionary rule has been aimed at deterring misconduct by police officers and law enforcement agents. It is widely believed to deter deliberate, reckless, grossly, or systemic negligent conduct by law enforcement agents. Increased reliance by law enforcement agencies and their agents on expansive, interconnected information suggests that the exclusionary rule needs to be expanded beyond just the acts of the officers and agents and be applied to the agency itself where there is evidence that poor data quality standards produced the reckless or negligent conduct. When so much of our liberty rests on the quality of …

The Computer Fraud And Abuse Act: Reassessing The Damage Requirement, 27 J. Marshall J. Computer & Info. L. 279 (2009), Matthew Andris

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores whether a civil plaintiff needs to claim actual damage to a protected computer to recover against a defendant under the CFAA. Several courts have noted that there is little case law regarding damages, and the case law that exists does not help define the reach of damages. Currently, courts are split as to whether a computer system needs to have actual physical damage in order for recovery under the CFAA. Additionally, courts have not adequately addressed how to assess damages, including whether damages may be aggregated across multiple computer systems. The Third, Fifth, and Ninth Circuit Courts …

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

Vanderbilt Journal of Entertainment & Technology Law

Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The European Union's Data Retention Directive And The United States's Data Preservation Laws: Finding The Better Model, Kristina Ringland

Washington Journal of Law, Technology & Arts

The European Union’s Data Retention Directive (the “Directive”) seeks to assist law enforcement officials in their efforts to combat terrorism and to standardize disparate laws regarding data retention within the European Union (EU). The Directive requires companies to retain traffic and location data that identifies a subscriber or registered user of a Web site for a period of six to twenty-four months. Implementation of the Directive takes place at the national level and poses many challenges to providers of electronic communication services. There is no analogous United States federal law mandating data retention. The United States, however, has a data …

Combating Incitement To Terrorism On The Internet: Comparative Approaches In The United States And United Kingdom And The Need For An International Solution, Elizabeth M. Renieris

Vanderbilt Journal of Entertainment & Technology Law

In recent years, terrorist use of the Internet has been gaining in popularity, with more than several thousand radical or extremist websites in existence today. Because the Internet transcends physical and geographic boundaries, combating terrorist incitement on the Internet requires cross-border global cooperation. Although the international community has taken steps to combat the problem with United Nations Security Council Resolutions 1373 and 1624, the state parties to these resolutions have been unable to close the significant holes in the current international legal framework, and there is little evidence that terrorist use of the Internet for purposes of incitement is being …

David Doe V. Goliath, Inc.: Judicial Ferment In 2009 For Business Plaintiffs Seeking The Identities Of Anonymous Online Speakers, 43 J. Marshall L. Rev. 1 (2009), Clay Calvert, Kayla Gutierrez, Karla D. Kennedy, Kara Carnley Murrhee

UIC Law Review

No abstract provided.

Licensed Anarchy: Anything Goes On The Internet - Revisiting The Boundaries Of Section 230 Protection, Thomas D. Huycke

West Virginia Law Review

No abstract provided.

Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google

Rosetta Stone v. Google (Joint Appendix)

No abstract provided.

Vol. Ix, Tab 46 - Ex. 2 "New Us Trademark Policy (Barnowl) Update", Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 47 - Ex. 2-9 - Documents "Rosetta Stone Competitive Website Analytics Report", Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?