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2012

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Articles 121 - 150 of 213

Full-Text Articles in Internet Law

Network Neutrality: Verizon V. Fcc, Anna S. Han Jan 2012

Network Neutrality: Verizon V. Fcc, Anna S. Han

University of Michigan Journal of Law Reform Caveat

The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemoth, Verizon, over the issue of network neutrality. Although this conflict between the government and corporate giants is far from new, recent events have forced courts to give it close scrutiny. Given the explosive pace at which technology has expanded and permeated citizens’ daily lives, the judgments rendered have greater significance now than ever before.

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"Like" Your President: A Case For Online Voting, Jeremy Garson Jan 2012

"Like" Your President: A Case For Online Voting, Jeremy Garson

University of Michigan Journal of Law Reform Caveat

In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …

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Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han Jan 2012

Argh, Matey! The Faux-Pas Of The Sopa (Stop Online Piracy Act), Anna S. Han

University of Michigan Journal of Law Reform Caveat

Earlier, I posted about a network neutrality case, Verizon v. FCC, which could have far-reaching consequences for the Internet industry. Another concerted attempt to regulate the Internet, disguised in the form of a piracy protection bill, recently came before the House Judiciary Committee and garnered widespread disapproval. Representative Lamar Smith (R-TX) and a bipartisan group of twelve co-sponsors introduced the “Stop Online Piracy Act” (“SOPA”) on October 26, 2011, which punishes websites that are accused of facilitating copyright infringement. Although touted by its supporters as a weapon against foreign sites that steal and sell American inventions, SOPA is problematic because …

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Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons Jan 2012

Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons

University of Michigan Journal of Law Reform Caveat

The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one-third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply before offering service. If not, …

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Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney Jan 2012

Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney

UIC Review of Intellectual Property Law

Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …

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The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012), Thomas Hemnes Jan 2012

The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012), Thomas Hemnes

UIC Review of Intellectual Property Law

Personally Identifiable Information (“PII”) has never been more valuable. In today’s networked world, seemingly trivial facts can be collected, molded into a marketable economic profile, and transferred in the blink of an eye. To be sure, the commodification of PII allows for provision of dramatically more efficient and effective services. Yet the potential for privacy abuses is substantial. What interest does one have in the constellation of facts that defines one’s identity? Is it something one can own, like their right of publicity? Or are others free to use what they learn about a person? This article surveys current privacy …

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Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath Jan 2012

Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath

UIC Review of Intellectual Property Law

More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …

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Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister Jan 2012

Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister

University of Colorado Law Review

This Article begins by examining the traditional reasons for juror research. The Article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the Article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case. In Part II, the Article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this Article focuses …

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Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Jan 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Michigan Journal of Environmental & Administrative Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …

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Welcoming Remarks, Joseph J. Norton Jan 2012

Welcoming Remarks, Joseph J. Norton

SMU Science and Technology Law Review

No abstract provided.

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China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen Jan 2012

China's Current Intellectual Property Plan, Policies & Practices, Hope Shimabuku, Mark Cohen

SMU Science and Technology Law Review

No abstract provided.

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Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu Jan 2012

Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu

SMU Science and Technology Law Review

No abstract provided.

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China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng Jan 2012

China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng

SMU Science and Technology Law Review

No abstract provided.

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China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen Jan 2012

China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen

SMU Science and Technology Law Review

No abstract provided.

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The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson Jan 2012

The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson

SMU Science and Technology Law Review

No abstract provided.

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A Blueprint For Blogger Involvement In Academic Legal Symposia, Bridget J. Crawford Jan 2012

A Blueprint For Blogger Involvement In Academic Legal Symposia, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay reflects on my experience as the “featured blogger” at the Michigan State Law Review symposium Gender and the Legal Profession's Pipeline to Power and maps out possible models for future blogger involvement in other academic legal symposia. Successful blogger involvement in live academic events requires contributors who will write without much time to revise and organizers who will cede control over the way the conference is interpreted and discussed by others. Ultimately, I judge this experiment at the intersection of scholarly dialogue, legal education, and cyberspace to be a success. Blog-based conversations continued after the actual symposium and …

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Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert H. Sloan Jan 2012

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert H. Sloan

Vanderbilt Journal of Entertainment & Technology Law

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors website advertising as closely as possible to individual interests. The vast majority of consumers want considerably more control over our information. Consumers nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data …

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Employee 2.0, Pranay Samdani Jan 2012

Employee 2.0, Pranay Samdani

Student Works

No abstract provided.

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Check In On Your Privacy, Frank Gonello Jan 2012

Check In On Your Privacy, Frank Gonello

Student Works

No abstract provided.

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Chain-Link Confidentiality, Woodrow Hartzog Jan 2012

Chain-Link Confidentiality, Woodrow Hartzog

Georgia Law Review

Disclosing personal information online often feels like
losing control over one's data forever; but it does not have
to be that way. This Essay proposes a "chain-link
confidentiality" approach to protecting online privacy.
One of the most difficult challenges to guarding privacy in
the digital age is the protection of information once it is
exposed to other people. A chain-link confidentiality
regime would link the disclosure of personal information
to obligations to protect that information as the
information moves downstream. It would focus on the
relationships not only between the discloser of information
and the initial recipient but also between …

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Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster Jan 2012

Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster

UF Law Faculty Publications

Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm and stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones—what I have described as transparency’s balance. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’ ability to receive and distribute leaked information cheaply, quickly, and …

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Expectations Of Privacy In Social Media, Stephen E. Henderson Jan 2012

Expectations Of Privacy In Social Media, Stephen E. Henderson

Faculty Articles

This article, which largely tracks my remarks at Mississippi College’s Social Media Symposium, examines expectations of privacy in social media such as weblogs (blogs), Facebook pages, and Twitter tweets. Social media is diverse and ever-diversifying, and while I address some of that complexity, I focus on the core functionality, which provides the groundwork for further conversation as the technology and related social norms develop. As one would expect, just as with our offline communications and other online communications, in some we have an expectation of privacy that is recognized by current law, in some we have an expectation of privacy …

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How Jon Stewart And Lady Gaga Made Congress Less Lame: The Impact Of Social Media On The Passage Of Bills Through The "Lame Duck" Session Of The 111th Congress And Beyond, Onika K. Williams Jan 2012

How Jon Stewart And Lady Gaga Made Congress Less Lame: The Impact Of Social Media On The Passage Of Bills Through The "Lame Duck" Session Of The 111th Congress And Beyond, Onika K. Williams

Indiana Law Journal

The lame duck 111th Congress saw tremendous action in a relatively short period of time, and it was also witness to a phenomenon of social media. Users on websites such as Facebook and Twitter employed social media to send messages to their representatives and to actively participate in the lame duck session. Jon Stewart used television to advocate for Congress’s passing of the James Zadroga 9/11 Health and Compensation Act, and Lady Gaga employed Twitter to support the Don’t Ask, Don’t Tell Repeal Act of 2010. Both bills subsequently passed Congress. The social media phenomenon did not end with the …

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Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair Jan 2012

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.

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The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman Jan 2012

The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman

Faculty Scholarship

Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data. In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. At the request of the GAO, we collected and coded a set of patent lawsuits filed over the past five years. This article presents our analysis of the data and its implications. The data confirm in a dramatic fashion …

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Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford Jan 2012

Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford

UIC Law Open Access Faculty Scholarship

Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …

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International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel Jan 2012

International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel

Canadian Journal of Law and Technology

This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …

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Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad Jan 2012

Virtual Or Reality: Prosecutorial Practices In Cyber Child Pornography Ring Cases, Michal Gilad

Richmond Journal of Law & Technology

With the rising use of the Internet over the past decade, the boundaries between our physical space and cyberspace are quickly fading. The Internet has become an integral and inseparable part of modern being, and its dominance in our lives is undeniable. Actions taken online are no longer a mere virtual fantasy, but directly relate to our “offline” everyday living. Modern criminal trends also demonstrate the strong link betweenthe virtual and physical worlds.

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Ghost In The Machine: Zubulake Revisited And Other Emerging E-Discovery Issues Under The Amended Federal Rules, William P. Barnette Jan 2012

Ghost In The Machine: Zubulake Revisited And Other Emerging E-Discovery Issues Under The Amended Federal Rules, William P. Barnette

Richmond Journal of Law & Technology

We live in a digital age. Electronically stored information (“ESI”) “is commonplace in our personal lives and in the operation of businesses, public entities, and private organizations.” By now the numbers no longer shock: “more than 90% of all corporate information is electronic; North American businesses exchange over 2.5 trillion e-mails per year;5 today, less than 1% of all communication will ever appear in paper form; and, on average, a 1000-person corporation will generate nearly 2 million e-mails annually.”

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets Jan 2012

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth and final issue of the 2011-2012 academic year. This issue includes a dedication to Professor John Carroll written by Rick Klau, the Journal’s founder.

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