Open Access. Powered by Scholars. Published by Universities.®

Internet Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5371 - 5400 of 6583

Full-Text Articles in Internet Law

From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith Mar 2003

From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith

Duke Law & Technology Review

The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …

Go to article

Legal Reform In An Electronic Age: Analysis And Critique Of The Construction And Operation Of S. 487, The Technology, Education And Copyright Harmonization (Teach) Act Of 2001, Tomas A. Lipinski Mar 2003

Legal Reform In An Electronic Age: Analysis And Critique Of The Construction And Operation Of S. 487, The Technology, Education And Copyright Harmonization (Teach) Act Of 2001, Tomas A. Lipinski

Brigham Young University Education and Law Journal

No abstract provided.

Go to article

Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager Mar 2003

Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors Mar 2003

Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors

Federal Communications Law Journal

This Note argues that although privacy and economic concerns have ruled the encryption debate during the past decade, the move toward increased privacy on the Internet and relaxed encryption regulation, designed to promote electronic commerce, comes at the expense of national security and the protection of Americans' safety. The Article begins with historical information about encryption and an examination of how businesses use encryption to secure their communications and financial transactions on the Internet. This Section also observes that this technology is employed by terrorist organizations to accomplish the same goal: to send private communications. The Author next details the …

Go to article

The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman Feb 2003

The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman

Duke Law & Technology Review

Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances.

Go to article

The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor Jan 2003

The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes rationales behind legislation banning certain aspects of cybersexuality.

Go to article

Political E-Mail: Protected Speech Or Unwelcome Spam?, Mark Sweet Jan 2003

Political E-Mail: Protected Speech Or Unwelcome Spam?, Mark Sweet

Duke Law & Technology Review

Candidates for political office are using unsolicited bulk e-mails to reach the electorate. Commonly known as "political spam," this campaign tactic is an inexpensive supplement to television, radio, and print ads. Advocates claim that campaigning via the internet reduces candidates' dependence on fundraising, but critics detest political spam as the latest nuisance. This iBrief examines the legal basis for political spam, distinguishes political spam from analogous regulated speech, and argues that political spam serves an interest worth protecting.

Go to article

Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky Jan 2003

Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky

Faculty Scholarship

This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.

Go to article

Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva Jan 2003

Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

Icann And Antitrust, A. Michael Froomkin Jan 2003

Icann And Antitrust, A. Michael Froomkin

Articles

National identification ("ID") cards appear increasingly inevitable. National ID cards have the potential to be repressive and privacy destroying, but it is also possible to design a system that captures more benefits than costs. Because the United States currently lacks a single, reliable credential, private businesses have trouble authenticating their customers and matching data among distributed databases. This Article argues that the desire for reliable ID creates a window of opportunity for the federal government to strike a bargain: offer private businesses the use of a reliable credential in the form of a national ID card, on the condition that …

Go to article

International Data Transfer Out Of The European Union: The Adequate Level Of Data Protection According To Article 25 Of The European Data Protection Directive, 21 J. Marshall J. Computer & Info. L. 553 (2003), Alexander Zinser Jan 2003

International Data Transfer Out Of The European Union: The Adequate Level Of Data Protection According To Article 25 Of The European Data Protection Directive, 21 J. Marshall J. Computer & Info. L. 553 (2003), Alexander Zinser

UIC John Marshall Journal of Information Technology & Privacy Law

Article 25 of the European Data Protection Directive provides a set of standards that are to be used by countries in the European Union when personal data processed in the particular member country transfers such information to third countries. This directive dictates that it must be ascertained, before transferring such personal information, that the third country ensures an adequate level of protection. Zinser initially examines the history and scope of Article 25 of the European Data Protection Directive before examining each of the standards and factors contained therein, with regard to the transfer of such information. He offers analysis of …

Go to article

The Council Of Europe Convention On Cybercrime, Mike Keyser Jan 2003

The Council Of Europe Convention On Cybercrime, Mike Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Go to article

Cloning, Public Policy And The Constitution, 21 J. Marshall J. Computer & Info. L. 271 (2003), Lowell Ben Krahn Jan 2003

Cloning, Public Policy And The Constitution, 21 J. Marshall J. Computer & Info. L. 271 (2003), Lowell Ben Krahn

UIC John Marshall Journal of Information Technology & Privacy Law

This comment analyzes the safety and implications of human cloning, including whether cloning is encompassed by the fundamental right to privacy. The article also addresses the legislative attempts at banning cloning, and urges the government to do so.

Go to article

The Anticybersquatting Consumer Protection Act: An Analysis Of The Decisions From The Courts Of Appeals, 21 J. Marshall J. Computer & Info. L. 355 (2003), Sue Ann Mota Jan 2003

The Anticybersquatting Consumer Protection Act: An Analysis Of The Decisions From The Courts Of Appeals, 21 J. Marshall J. Computer & Info. L. 355 (2003), Sue Ann Mota

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the published decisions of the First, Second, Third, Fourth, Sixth, and Ninth Circuit Courts of Appeals in which there have been interpretations of the Anticybersquatting Consumer Protection Act (APCA). The article provides summaries of all cases interpreting the ACPA at the time of writing. These cases include: Sporty’s Farm L.L.C. v. Sportman’s Market, Inc.; Northern Light Technology, Inc. v. Northern Lights Club; Sallen v. Corinthians Licenciamentos LTDA; Shields v. Zuccarini; Virtual Works, Inc. v. Volkswagen of America, Inc.; People for the Ethical Treatment of Animals v. Doughney; Porsche Cars North America, Inc. v. Porsche.net; Harrods Limited v. …

Go to article

Limiting Exposure For Internet Vendors: Separating The Wheat From The Chaff, 21 J. Marshall J. Computer & Info. L. 207 (2003), Todd V. Mackey Jan 2003

Limiting Exposure For Internet Vendors: Separating The Wheat From The Chaff, 21 J. Marshall J. Computer & Info. L. 207 (2003), Todd V. Mackey

UIC John Marshall Journal of Information Technology & Privacy Law

This article explains how using the Internet to market products may subject a vendor to exposure in unanticipated jurisdictions. The author includes a proposal to minimize those risks by suggesting the use of contracts of adhesion, including mandatory forum selection clauses, and having them executed by the customer in the course of the transaction so that the vendor may insulate itself from those jurisdictional risks.

Go to article

Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein Jan 2003

Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein

UIC John Marshall Journal of Information Technology & Privacy Law

Litigation and court action have provided little in the way of providing solutions to anyone dealing with inappropriate content on the Internet. In Miller v. California, 413 U.S. 15 (1973). The court refused to establish a national standard and instead relied on community standards. Because the Internet has no geographic limitations, one cannot determine community standards because the Internet is so far reaching. Goldstein discusses in detail these Congressional enactments: Communications Decency Act of 1996, the Child Online Protection Act, and the Child Pornography Prevention Act of 1996, finding that none of them give children protection from pornography. The challenge …

Go to article

Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien Jan 2003

Trade Secret Reclamation: An Equitable Approach In A Relative World, 21 J. Marshall J. Computer & Info. L. 227 (2003), William L. O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The only possible IP protection is a trade secret. However, trade secrets are inadvertently disclosed in investment disclosures or to prospective customers. The article offers a solution to this dilemma by creating emphasis on the continued retention of the secret, even though confidentiality of it could have been dissipating.

Go to article

Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen Jan 2003

Copy Protection Of Cds: The Recording Industry's Latest Attempt At Preventing The Unauthorized Digital Distribution Of Music, 21 J. Marshall J. Computer & Info. L. 241 (2003), Amy K. Jensen

UIC John Marshall Journal of Information Technology & Privacy Law

This comment focuses on the need of the music industry to control the use and digital distribution of music. The author also addresses the privacy issues that arise through the various methods the music industry implements in order to control the unauthorized distribution of digital music via computer technology. The author particularly addresses the privacy issues that arise with the use of undetectable signals that send information about a consumer’s use of that Compact Disc over computer lines, all unbeknownst and unauthorized by the consumer.

Go to article

Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai Jan 2003

Alcatel Usa, Inc. V. Brown: Does Your Boss Own Your Brain?, 21 J. Marshall J. Computer & Info. L. 295 (2003), Jim C. Lai

UIC John Marshall Journal of Information Technology & Privacy Law

Critizing the Alcatel USA, Inc. v. Brown court’s holding that a company owned rights to a software idea that existed entirely in the thoughts of one of it’s former employee’s. Discusses how the court did not take into account that (1) the invention disclosure agreement it secured from the employer was unenforceable, (2) the Solution was not an “invention” as recognized by U.S. intellectual property law, and (3) the development of an automatic decompiler was not within the scope of the company’s business or employee’s work. Arguing while it is reasonable for an employer to require its employees to disclose …

Go to article

Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr. Jan 2003

Curbing Copyright Infringement In Cyberspace: Using Mediakey To Stop The Bleeding, 21 J. Marshall J. Computer & Info. L. 325 (2003), John R. Perkins Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses a solution to copyright infringement on the Internet. The solution combines legal and technical aspects so the solution is very specific but also practical. The paper proposes a solution to use technological protection similar to that found in the federal statute prohibiting circumvention of technological protection measures. The paper then concludes with how difficult his solution and other proposed changes will be to enact because of opposition it will receive from many sides.

Go to article

Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins Jan 2003

Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins

UIC John Marshall Journal of Information Technology & Privacy Law

This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual …

Go to article

The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller Jan 2003

The “Cost” Of Securing Domestic Air Travel, 21 J. Marshall J. Computer & Info. L. 405 (2003), Eric J. Miller

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the security measures utilized for airline travel. Early airport security is compared to post 911 airport security. Various traveler search methods are analyzed against the backdrop of the Fourth and Fifth Amendments. Included is an analysis of effectiveness, legality, and policy considerations of current security measures. Finally, the author proposes alternative security measures addressing the effectiveness, legality and policy considerations of such proposed solutions.

Go to article

Expanding The Dmca: The Importance Of Regulating Computer Code, 21 J. Marshall J. Computer & Info. L. 575 (2003), Luke Antonsen Jan 2003

Expanding The Dmca: The Importance Of Regulating Computer Code, 21 J. Marshall J. Computer & Info. L. 575 (2003), Luke Antonsen

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto Jan 2003

Online Collaborative Media And Political Economy Of Information: A Case Study, 21 J. Marshall J. Computer & Info. L. 515 (2003), Caio M. S. Pereira Neto

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Locked Out: The New Hazards Of Reverse Engineering, 21 J. Marshall J. Computer & Info. L. 601 (2003), Carla Meninsky Jan 2003

Locked Out: The New Hazards Of Reverse Engineering, 21 J. Marshall J. Computer & Info. L. 601 (2003), Carla Meninsky

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, Meninsky contends the technological practice of reverse engineering of replacements parts and other interoperable products, which has been used to circumvent digital locks and otherwise gain access to copyrighted material and information protected as trade secrets, has been upheld by courts as fair use. This practice is discussed within the context of the Digital Millenium Copyright Act (“DMCA”), which prohibits methods employed to “circumvent a technological measure that effectively controls access to a copyrighted work” while providing a limited exemption for reverse engineers in certain circumstances. Meninsky finds that the DMCA, in effect, thwarts competition, stunts technological …

Go to article

Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik Jan 2003

Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik

UIC John Marshall Journal of Information Technology & Privacy Law

The publicity about weblogs has neglected to warn against the risks of legal liability. Whether you want to impart words of wisdom or copy something that caught your interest, the temptation to "borrow" is too great and too easy in Cyberspace. Whereas the typical Internet user may have heard of "copyright" or "trademark," they are unaware of the complexities and nuances of these areas of law. The legal tests and standards may be too sophisticated for the average user. Even practitioners and courts are grappling with what legal standards and interpretations are to be applied in Cyberspace, thus, leading to …

Go to article

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin Jan 2003

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.

Go to article

The Do-Not-Call Registry Model Is Not The Answer To Spam, 22 J. Marshall J. Computer & Info. L. 79 (2003), Richard C. Balough Jan 2003

The Do-Not-Call Registry Model Is Not The Answer To Spam, 22 J. Marshall J. Computer & Info. L. 79 (2003), Richard C. Balough

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses why a system to combat unwanted Internet spam, or junk e-mail, should not be modeled after the Do-Not-Call registry developed to curtail telemarketing phone calls. The Do-Not-Call registry is an "opt-out" system where consumers must place their phone numbers on a list that designates them as consumers unwilling to accept telemarketing calls. In the Internet spam context, this article argues that to force Internet users to place their e-mail addresses on a similar do-not-spam list could lead to potential problems. For example, if a would-be spammer was to get a hold of that list, she or he …

Go to article

After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince Jan 2003

After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince

UIC John Marshall Journal of Information Technology & Privacy Law

The recipe for success to combat unsolicited and unwanted e-mail, otherwise known as spam, has not yet been formulated by the thirty-six states that have tried by enacting their own versions of anti-spam laws. Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer. Now, on the federal level, with the passing of the CAN-SPAM act, which essentially rehashes what states have attempted to do, the failure to provide any significant measure of national success against spam seems likely. However, a careful reading of the language of …

Go to article

A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl Jan 2003

A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl

UIC John Marshall Journal of Information Technology & Privacy Law

This article looks at employer liability for pornographic spam in the workplace. It begins with an analysis of the risks and unique problems posed by employees’ Internet use while at work. The article makes note of some trouble areas where employers may be held vicariously liable for sexual harassment. It is suggested that employers protect themselves by taking steps to: 1) reduce the prevalence of unsolicited commercial e-mail in the workplace; 2) mute the potential harm of offensive e-mail; and 3) create a paper trail indicating diligence in the fight to protect employees. Employers may reach these goals by the …

Go to article

First Prev Next Last