Internet Law Commons^™

Choice In Government Software Procurement: A Winning Combination, Mclean Sieverding

ExpressO

Governments are such significant purchasers of IT products and services that their purchasing decisions have a substantial impact on the world’s IT marketplace. This fact calls into question the wisdom of decisions by a few policymakers (on national, state, and local levels) around the world that have sought to require that governmental procurement officials give varying degrees of preference to open source software (OSS) when evaluating competing software solutions, claiming, among other things, that such preferences are justified because OSS is cheaper and more interoperable than proprietary software and needs government handicapping in order to enter the market to compete …

Internet Sales Taxes From Borders To Amazon: How Long Before All Of Your Purchases Are Taxed?, Walter J. Baudier

Duke Law & Technology Review

What so many internet consumers believe to be tax-free is actually subject to a state use tax. Faced with pressure from states that realize very little of the use tax owed, many online retailers, such as Wal-mart, "voluntarily" collect sales taxes from their customers. But a recent California Appeals Court decision, Borders Online v. State Board of Equalization, could mark a shift towards more prevalent, if not universal, taxation of internet retail.

Genetic Databases And Biobanks: Who Controls Our Genetic Privacy?, Yael Bregman-Eschet

ExpressO

In the past several years a growing number of private biotech companies have been collecting and storing our genetic information and bodily tissues and linking it to life-long medical histories. Many of these commercial companies have close relationships with the public sector: they rely on public institutions to get access to certain medical data and tissue samples, while the public sector relies on those companies for commercial exploitation of the research. Despite the unique nature of the information collected and the sensitivity of genetic databases, these private bio-libraries are largely unregulated in the United States. This article examines who has …

Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Fighting Terrorism In An Electronic Age: Does The Patriot Act Unduly Compromise Our Civil Liberties?, Christopher P. Raab

Duke Law & Technology Review

The USA PATRIOT Act is tremendously controversial, both lauded by law enforcement and decried by civil liberties groups. This iBrief considers two of the Act's communications monitoring provisions, concluding that each compromises civil liberties to a greater degree than is necessary to combat terrorism. Accordingly, Congress should revise the USA PATRIOT Act, bringing it into line with the Constitution.

Anti-Employer Blogging: Employee Breach Of The Duty Of Loyalty And The Procedure For Allowing Discovery Of A Blogger’S Identity Before Service Of Process Is Effected, Konrad Lee

Duke Law & Technology Review

The rapid rise in anonymous anti-employer internet blogs by disgruntled employees has created a tension between the liberty interests of employees in free speech and privacy and employers' rights to be free from defamation, disparagement and disclosure of confidential information by an employee. This iBrief argues that the anonymity of anti-employer bloggers should not shield employees from breach of the duty of loyalty claims under tort and contract law, and that Congress should enact rules to govern the disclosure of blogger identity.

Completing The Connection: Achieving Universal Service Through Municipal Wi-Fi, K. Joon Oh

Duke Law & Technology Review

The federal universal service scheme is designed to ensure that everyone has affordable access to advanced telecommunications and information services. Despite the development of cost-effective technologies that drastically reduce the cost of telephone services vis-à-vis the Internet and Wi-Fi networks, federal regulations generally prevent municipalities or private companies from providing wireless Internet access with universal service funds. Federal regulations have replaced technology costs, lack of business incentives, and consumer affordability as the primary barrier to universal service. Competitive neutrality, the pro-competitive and technology-neutral approach to universal service funding, must be fully embraced in order to empower local communities with the …

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Protection Of Maps And Spatial Databases In Europe And The United States By Copyright And The Sui Generis Right, 24 J. Marshall J. Computer & Info. L. 195 (2006), Katleen Janssen, Jos Dumortier

UIC John Marshall Journal of Information Technology & Privacy Law

Spatial data and applications play an ever-increasing part in our economy and in our society in general, but the protection of spatial databases by intellectual property rights seems to be a challenge because the Internet and information technology have caused a considerable increase in the copying of data, maps, route descriptions, hiking trails, etc. The illegal copying of spatial data, however, has caused the data producers to turn to several means of protection, such as intellectual property legislation, unfair competition, confidentiality and privacy. This paper begins by determining what is meant by spatial data. Thereafter, the paper reflects on the …

Provisional Relief In Transnational Litigation In The Internet Era: What Is In The Us Best Interest?, 24 J. Marshall J. Computer & Info. L. 263 (2006), Panagiota Kelali

UIC John Marshall Journal of Information Technology & Privacy Law

Using the hypothetical of a college student victimized by a fraudulent website, this comment addresses the issue of Internet fraud. In the example presented, the perpetrators are Greek nationals located in Greece. Focusing on the intangible and international nature of the Internet, the comment addresses the complications surrounding litigating an Internet fraud case. The issues discussed include a determination of the forum where the suit should be brought, preservation of the status quo pending determination of the dispute, and the status of a transnational cooperation on the issue of recognition and enforcement of judgments. The comment presents the options available …

Transsexuals And The Family Medical Leave Act, 24 J. Marshall J. Computer & Info. L. 315 (2006), Charles Thomas Little

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the implications for transsexuals seeking sexual reassignment surgery (“SRS”) under the Family Medical Leave Act (“FMLA”). Currently, the scant case law pertaining to the FMLA suggests that the statutes and regulations will likely fail to provide even minimal protection to transsexuals. If applied literally, the FMLA may present barriers to transsexuals seeking SRS in opposition to the true purpose behind the Act, which is to allow employees the opportunity to take reasonable leave from work by mandating more medical leave than the employers might otherwise be willing to grant for things such as the adoption or birth …

Liability For Botnet Attacks, Jennifer A. Chandler

Canadian Journal of Law and Technology

This paper will consider the possibility of using tort liability to address cyber insecurity. In previous work, I have proposed a hypothetical lawsuit by the victim of a DDoS attack against the vendor of unreasonably insecure software, the flaws of which are exploited to create the DDoS attack army. Indeed, software vendors are facing increasing public disapproval for their contributions to cyber insecurity. However, not all DDoS attack armies are assembled by exploiting flaws in software. Computers are also infected when users voluntarily open infected email attachments or download infected files from file-sharing networks. Accordingly, the cyber insecurity resulting from …

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 24 J. Marshall J. Computer & Info. L. 733 (2006), Timothy T. Hsieh, Jennifer Simmen Lewin, Jerome C. Pandell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 24 J. Marshall J. Computer & Info. L. 699 (2006), Chris Norris, Justin Sisemore, Anndi Queenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Copyright Misuse Doctrine On Computer Software: A Redundant Doctrine Of U.S. Copyright Law Or A Necessary Addition To E.U. Copyright Law?, 24 J. Marshall J. Computer & Info. L. 571 (2006), Haris Apostolopoulos

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Twenty-Fifth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 24 J. Marshall J. Computer & Info. L. 673 (2006), David E. Sorkin, Larisa V. Benitez-Morgan, J. Preston Carter, William P. Greubel Iii, Matthew Hector, Kellen Keaty, Lisa Rodriguez

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Federal Election Commission & Political Blogging: A Perfect Balance Or Just Not Enough?, 24 J. Marshall J. Computer & Info. L. 611 (2006), Niki Vlachos

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Cleaning Metadata On The World Wide Web: Suggestions For A Regulatory Approach, 24 J. Marshall J. Computer & Info. L. 531 (2006), Marcel Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Borders Online, Llc V. State Board Of Equalization: It's Time For Congress To Weigh The Possibilities Of This California Decision, 24 J. Marshall J. Computer & Info. L. 641 (2006), Ronnie E. Webb

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers

UIC John Marshall Journal of Information Technology & Privacy Law

This article argues that President Bush’s domestic electronic surveillance program is unconstitutional. The program allows the President to order the NSA to conduct surveillance of electronic communications, including communications involving United States citizens, without court order. The authors conclude that the President lacked the statutory or constitutional power to authorize such a program and that the program runs afoul to the letter and the spirit of the constitutional protection against unreasonable searches and seizures embraced by the Fourth Amendment of the United States Constitution. Congress and the President share overlapping constitutional authority in matters of foreign affairs and national security. …

Voip Goes The Bad Guy: Understanding The Legal Impact Of The Use Of Voice Over Ip Communications In Cases Of Nsa Warrantless Eavesdropping, 24 J. Marshall J. Computer & Info. L. 227 (2006), Eric Koester

UIC John Marshall Journal of Information Technology & Privacy Law

For purposes of national security, the Bush administration delegated authority to the National Security Administration (“NSA”) to conduct warrantless surveillance of Americans; and such surveillance defies tradition. At the same time, emerging communications technology, like Voice over Internet Protocol (“VoIP”), complicates the already controversial issue by generating uncertainty about how courts will analyze warrantless surveillance of such forums. The problem lies in outdated communications and surveillance regulations, which effectively address older communications forums, like the telephone, but encounter stifling ambiguity vis-à-vis VoIP and other new forums. VoIP is a relatively new technology, but it encompasses the large and ever-growing use …

The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, 24 J. Marshall J. Computer & Info. L. 353 (2006), Mark F. Kightlinger

UIC John Marshall Journal of Information Technology & Privacy Law

This Article provides a timely examination of U.S. law and policy concerning information privacy on the Internet, a subject that receives almost daily attention in the press. This Article constructs a new theoretical framework from the writings of Alasdair MacIntyre, a major contemporary philosopher and social theorist. Over the past 30 years, MacIntyre has examined the roots and continuing impact of the failure of post-Enlightenment thinkers to produce an account of human nature and action that could replace an older Aristotelian account and command the assent of all rational persons. In addition to extending MacIntyre’s examination of our post-Enlightenment situation, …

Contribution To The Understanding Of The Public Domain, 24 J. Marshall J. Computer & Info. L. 411 (2006), Vincenzo Vinciguerra

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Comedy Of Errors: Defining "Component" In A Global Information Technology Market - Accounting For Innovation By Penalizing The Innovators, 24 J. Marshall J. Computer & Info. L. 507 (2006), William Greubel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer

Northwestern Journal of International Law & Business

As an introduction to the issue of Internet tort jurisdiction, Part I will recount the Yahoo! case, the most divisive case on the issue recently. Parts II and III will give an overview of the current law on Internet tort jurisdiction in two different legal systems: the United States and Germany. They will show that several recent cases in both countries have applied targeting approaches as advocated by Michael Geist and Rufus Pichler. However, insecurity remains and jurisprudence is far from consistent. Part IV will argue that insecurity about Internet jurisdiction could be reduced significantly if countries were to commit …

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of …

Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes

University of Michigan Journal of Law Reform

In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …

Not From Concentrate? Media Regulation At The Turn Of The Millennium M Arch 18-19, 2005, Journal Of Law Reform

University of Michigan Journal of Law Reform

Transcript from a March 2005 Symposium held in the University of Michigan Law School, Hutchins Hall.

Rankings, Reductionism, And Responsibility, Frank Pasquale

Faculty Scholarship

No abstract provided.