Internet Law Commons^™

Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco

Canadian Journal of Law and Technology

This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with …

Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock

Canadian Journal of Law and Technology

This article will begin by discussing the significance of over-the-top (OTT) video services in Canada and briefly outline the CRTC’s recent efforts and findings in relation to new media trends. It will then describe the problems with the current regulatory framework and some of the proposed solutions. While some have argued that regulating OTT services like Netflix would level the playing field, I will argue that encouraging competition and decreasing some of the onerous regulations that are currently imposed on Canadian broadcasters would be the best solution since it would benefit both consumers and Canadian corporations.

Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell

Canadian Journal of Law and Technology

Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from the perspective of individuals involved first-hand in the implementation …

Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney

Canadian Journal of Law and Technology

In this section, the historical balance struck by securities law between conservatism and innovation was considered in the context of a shifting economic landscape.

In Section II, the life sciences sector will be chosen to illustrate the current barriers impeding capital flow to high-value enterprise, resulting in decreased innovation and economic growth. These include the existence of “ever greening”, non-practicing entities, patent thickets, and onerous transaction costs on upstream patent holders with limited competency.

In Section III, the tool of intangible asset finance will be introduced as a means of harnessing the value of intellectual property assets, and leveraging them …

A Sure Thing? Online Gaming And Canada, Ryan M. Rodenberg, John T. Holden

Pace Intellectual Property, Sports & Entertainment Law Forum

The legal status of gaming activities on First Nations land within Canada is complicated. The foci of this paper are two-fold. First, we trace the origin and expansion of First Nations gaming. Second, we analyze the potential of First Nations as hubs for the growing global e-gaming industry, with an emphasis on Internet poker and online sports wagering. We conclude by positing that the Canadian regulatory scheme presents an opportunity to First Nations in connection with e-gaming.

In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang

Journal of the National Association of Administrative Law Judiciary

The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.

It's A Series Of Tubes: Network Neutrality In The United States And How The Current Economic Environment Presents A Unique Opportunity To Invest In The Future Of The Internet , Andrew Seitz

Journal of the National Association of Administrative Law Judiciary

It is almost an accident that the Internet developed the way it did. In the late 1990's large internet service providers (ISPs), such as AOL, that had their own proprietary networks failed to fully realize that their business model was becoming obsolete, and instead the Internet developed into the open network that it is today. But is an open network the best model for the Internet? Could more of a free market deliver a better product to the consumer? Broadband providers such as AT&T and Verizon believe that in order to give their customers the best product, they should be …

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva

IP Theory

No abstract provided.

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.

Bidding On Trademarked Keywords In Search Engines: A Trademark Law Update, Ryan Baker

Washington Journal of Law, Technology & Arts

In March 2011, the Ninth Circuit modified the list of the most relevant factors for courts to consider when evaluating whether a business’s keyword bid on a competitor’s trademark causes a likelihood of confusion under the Lanham Act. Over ten years earlier, in Brookfield Communications v. West Coast Entertainment, the Ninth Circuit had held that using a competitor’s trademark in a website metatag for the purpose of achieving a more prominent place in search results creates “initial interest confusion” for consumers in violation of the Lanham Act. The Brookfield opinion formed what became known as the “Internet troika” test: …

Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg

Translated Opinions

Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …

Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu

San Diego International Law Journal

This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …

Net Neutrality: Preparing For The Future, Jennifer Wong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Defamation Is More Than Just A Tort: A New Constitutional Standard For Internet Student Speech, Reesa Miles

Brigham Young University Education and Law Journal

No abstract provided.

Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

Stop Being Evil: A Proposal For Unbiased Google Search, Joshua G. Hazan

Michigan Law Review

Since its inception in the late 1990s, Google has done as much as anyone to create an "open internet." Thanks to Google's unparalleled search algorithms, anyone's ideas can be heard, and all kinds of information are easier than ever to find. As Google has extended its ambition beyond its core function, however it has conducted itself in a manner that now threatens the openness and diversity of the same internet ecosystem that it once championed. By promoting its own content and vertical search services above all others, Google places a significant obstacle in the path of its competitors. This handicap …

A Case For The Public Domain, Clark Asay

Faculty Scholarship

Over the past several decades open license movements have proven highly successful in the software and content worlds. Such movements rely in part on the belief that greater freedom of use triggers innovative activity that is superior to what a restrictive IP approach produces. Ironically, such open license movements also rely on IP rights to promote their vision of freedom and openness. They do so through IP licenses that, while granting significant freedoms, also impose certain conditions on users such as the “copyleft” requirement in the software world. Such movements rely on this IP-based approach due to fears that, without …

The White Interest In School Integration, Robert A. Garda Jr.

Florida Law Review

Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration jurisprudence. In this Article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The Article begins by describing the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation and affirmative action jurisprudence. Multiracial schools will not …

Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose

Pepperdine Law Review

The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.

Student Speech And The First Amendment: A Comprehensive Approach, Lee Goldman

Florida Law Review

This Article presents a comprehensive approach to student speech cases applicable to both traditional and new media. The Article argues that student speech should be treated differently depending upon whether the speech occurs under school supervision. In particular, student speech outside school supervision should receive the same First Amendment protection accorded non-students in parallel settings. Student speech under school supervision may be disciplined if it is lewd, advocates illegal action, can be deemed school-sponsored speech, or can reasonably be predicted to cause a substantial disruption to the school’s activities. Moreover, school officials’ disciplinary decisions regarding on-campus student speech should be …

The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long

Pepperdine Law Review

In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.

What Happens To Our Facebook Accounts When We Die?: Probate Versus Policy And The Fate Of Social-Media Assets Postmortem, Kristina Sherry

Pepperdine Law Review

More than 580,000 Facebook users in the U.S. will die this year, raising numerous legal questions as to the disposition of their Facebook pages and similar “digital assets” left in a state of legal limbo. While access to and ownership of decedents’ email accounts has been philosophized for nearly a decade, this Comment focuses on the additional legal uncertainties posed by “digital death” in the more amorphous realm of “social media.” Part II explores the implications of digital death by conceptualizing digital assets and surveying the underlying legal principles of contractual policies, probate, property, and privacy concerns. Part III surveys …

Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan

All Faculty Scholarship

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …

Addressing The Harm Of Total Surveillance: A Reply To Professor Neil Richards, Danielle Keats Citron, David C. Gray

Faculty Scholarship

In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for evaluating the implications of government surveillance programs that is centered on protecting "intellectual privacy." Although we share his interest in recognizing and protecting privacy as a condition of personal and intellectual development, we worry in this essay that, as an organizing principle for policy, "intellectual privacy" is too narrow and politically fraught. Drawing on other work, we therefore recommend that judges, legislators, and executives focus instead on limiting the potential of surveillance technologies to effect programs of broad and indiscriminate …

Cyberfrontier: New Guidelines For Employers Regarding Employee Social Media, Michelle Scheinman

McGeorge Law Review

No abstract provided.

From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …

Navigating Through The Fog Of Cloud Computing Contracts, 30 J. Marshall J. Info. Tech. & Privacy L.13 (2013), T. Noble Foster

UIC John Marshall Journal of Information Technology & Privacy Law

This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …

In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative, Daniel W. Boyer

Utah OnLaw: The Utah Law Review Online Supplement

Since the court in Anderson already affirmed the validity of electronic signatures in Title 20 through statutory rules of construction and common law principles, it will likely have to address the constitutional challenges it declined to reach in that case when it is visited with new challenges to the State’s ban on e-signatures in ballot petitions and initiatives. This Note offers an alternative to the uniform operation of laws analysis, which plaintiffs have recently employed against the Lieutenant Governor and S.B. 165. Free speech analysis supplies parameters that are more closely suited to address the type of constitutional wrong that …