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 5401 - 5430 of 6583

Full-Text Articles in Internet Law

Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, 22 J. Marshall J. Computer & Info. L. 141 (2003), Richard Warner Jan 2003

Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, 22 J. Marshall J. Computer & Info. L. 141 (2003), Richard Warner

UIC John Marshall Journal of Information Technology & Privacy Law

Traditional forms of mailing advertisers bear the full cost of delivering advertisements to consumers. However, this is not true in the form of all e-mail advertisement, spam or not. E-mail users subsidize part of any e-mail advertisement, thereby splitting costs between advertiser and the consumer who receives the e-mail advertisement. This article takes the position that the subsidization that occurs in e-mail advertisement should be eliminated because it unjustifiably violates individual freedom. The article discusses why the delivery charges between sender and recipient are divided, why such cost-division violates freedom, and whether the violation is justified. The article also defines …

Go to article

Wireless Spam This Way Comes: An Analysis Of The Spread Of Wireless Spam And The Present And Proposed Measures Taken To Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003), Bridget O'Neill Jan 2003

Wireless Spam This Way Comes: An Analysis Of The Spread Of Wireless Spam And The Present And Proposed Measures Taken To Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003), Bridget O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

Spam in the form of unsolicited unwanted e-mail is already a recognized concern in the United States. However, a different type of spam, wireless spam, is starting to make its way to the United States. Wireless spam targets items cell phones with text messaging capabilities, pagers, and personal digital assistants (PDAs). These devices tend to be heavily relied on by their respective owners who bring these devices wherever they go, so to receive wireless spam represents a greater level of privacy intrusion. This article analyzes the various legislative measures that have been considered to regulate spam. It recognizes that most …

Go to article

Spamming For Legal Services: A Constitutional Right Within A Regulatory Quagmire, 22 J. Marshall J. Computer & Info. L. 97 (2003), William E. Hornsby, Jr. Jan 2003

Spamming For Legal Services: A Constitutional Right Within A Regulatory Quagmire, 22 J. Marshall J. Computer & Info. L. 97 (2003), William E. Hornsby, Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

This article addresses the regulatory schemes applied to lawyers who advertise their legal services to consumers through electronic communications. Concerns have arisen about lawyers using electronic communications to offer their services to their targeted communities. Since the Supreme Court’s 1977 decision in Bates, lawyers have been able to advertise their services without state permission. However, states have imposed ethical regulations in an effort to ensure that lawyers do not over reach their boundaries during such advertising efforts. The question is raised as to whether states’ spam rules also apply to lawyers who choose to advertise over the Internet. This article …

Go to article

Examination Of The Model Rules Of Professional Conduct Pertaining To The Marketing Of Legal Services In Cyberspace, 22 J. Marshall J. Computer & Info. L. 113 (2003), Matthew T. Rollins Jan 2003

Examination Of The Model Rules Of Professional Conduct Pertaining To The Marketing Of Legal Services In Cyberspace, 22 J. Marshall J. Computer & Info. L. 113 (2003), Matthew T. Rollins

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in technology have allowed lawyers to reach new and bigger audiences. As a result, the American Bar Association (ABA) modified the Model Rules of Professional Conduct to provide a guideline lawyers can follow regarding the propriety of marketing their legal services over the Internet. This article examines the changes in the Model Rules and the effects of these changes on lawyers advertising their legal services on the Internet. Also discussed are the issues of whether anti-spam laws are binding on lawyers and whether it is proper for lawyers to advertise over the Internet. The ban on chat room solicitation …

Go to article

Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell Jan 2003

Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses whether vendors should be held liable for spam. Vendors are those companies whose products or services are being peddled in spam advertising. Yet, vendors disclaim responsibility for the issuance of spam because they were not the ones who actually sent the spam in the first place. This article takes the stance that because vendors contribute and or benefit from the wrongful acts of the actual spammers, vendors should not be able to escape liability by blaming the primary actors, the spammers. Further, if vendors were to be held liable for spam, they would be an easier entity …

Go to article

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman Jan 2003

Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman

UIC John Marshall Journal of Information Technology & Privacy Law

This article seeks to identify areas that truly require legislative intervention by examining the harms purportedly caused by spam. Identifying exactly what constitutes spam is an imprecise task since one e-mail may be junk to one and an important e-mail to another. The article attempts to analyze why consumers feel strongly against spam. This reaction is compared to consumers’ comparatively tolerant reaction to other unwanted advertisement in different mediums, such as billboards or magazine advertisements. Several factors are considered, such as the waste of time associated with sorting spam, the loss of consumers’ control over their in-boxes, and the annoyance …

Go to article

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham Jan 2003

Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote analyzes and critiques the decision reached by the California Supreme Court in Intel v. Hamidi. Intel v. Hamidi runs contrary to other cases that have found a cause of action for trespass to chattels where harm was caused by unwanted electronic communications: Thrifty-Tel, Inc. v. Benezek, eBay v. Bidder’s Edge, and CompuServe v. Cyber Promotions. The California Supreme Court in Intel v. Hamidi suggested other causes of action Intel could have brought instead of trespass to chattels. The casenote looks at each proffered alternative and concludes that none of the alternatives were feasible and that Intel should have …

Go to article

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Go to article

New Media, New Rules: The Digital Performance Right And Streaming Media Over The Internet, Joseph E. Magri Jan 2003

New Media, New Rules: The Digital Performance Right And Streaming Media Over The Internet, Joseph E. Magri

Vanderbilt Journal of Entertainment & Technology Law

Streaming music over the Internet, or what otherwise is known as webcasting or Internet radio, has the potential to become the single most revolutionary means of music transmission ever developed.' In order to appreciate the potential impact of Internet radio, it is helpful to understand that Internet radio has the ability to venture far beyond the at-home personal computer that is tethered to a wall and logged-on to the Internet. With advances in wireless broadband technologies, such as wireless fidelity or Wi-Fi, and the growing availability of Internet content via mobile devices,' Internet radio will soon become widely available on …

Go to article

Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling Jan 2003

Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling

Michigan Journal of International Law

The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …

Go to article

Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar Jan 2003

Electronic Signatures In E-Healthcare: The Need For A Federal Standard, Ashoke S. Talukdar

Journal of Law and Health

Healthcare, like many industries, is fast embracing the benefits of modern information technology ("IT"). The wide range of available publications on the use of IT in healthcare indicates that IT provides the promise of faster and more comprehensive information about all aspects of the healthcare delivery process, to all classes of its consumers - patients, doctors, nurses, insurance adjudicators, health inspectors, epidemiologists, and biostatisticians. But the drive towards electronic information in health care is not rooted merely in efficiency; more recently, significant emphasis has been placed on patient safety issues raised by the Institute of Medicine's ("IOM") year 2001 quality …

Go to article

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt Jan 2003

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt

Michigan Journal of International Law

This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …

Go to article

Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer Jan 2003

Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer

Scholarly Articles

The Children's Internet Protection Act contains filtering provisions for public libraries that condition the receipt of federal assistance for Internet access and related services on libraries' operation of technologi­cal measures that block all patrons' access to obscene and pornographic materials and also block minor patrons' access to material that is "harmful to minors." Now the Supreme Court has agreed to review a trial court's decision that enjoined the government from enforcing these filtering provisions on the basis that they are facially invalid under the First Amendment.

Go to article

Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin Jan 2003

Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin

Articles

No abstract provided.

Go to article

Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow Jan 2003

Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow

Villanova Law Review (1956 - )

No abstract provided.

Go to article

E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker Jan 2003

E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann Jan 2003

Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann

Michigan Journal of International Law

Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …

Go to article

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger Jan 2003

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Michigan Journal of International Law

Instead of attacking or defending the French or the U.S. courts, this Article proposes to focus on the Yahoo! case from a different perspective. As is argued in Section III.D below, disputes like the Yahoo! case over which country's laws apply to a website and its operator seem likely to proliferate as Internet usage expands, demanding significant enforcement resources from countries and posing important compliance challenges for companies and other organizations operating on the Internet. Thus, it may be useful to consider developing an international agreement that would address, and in many instances resolve, such disputes about "jurisdiction to prescribe” …

Go to article

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn Jan 2003

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn

Seattle University Law Review

Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part …

Go to article

[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin Jan 2003

[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.

Go to article

Using “Hi-Tech” Tools In A Traditional Classroom Environment — A Two Semester Experiment, Robert E. Oliphant Jan 2003

Using “Hi-Tech” Tools In A Traditional Classroom Environment — A Two Semester Experiment, Robert E. Oliphant

Richmond Journal of Law & Technology

The most amazing thing is that we are all using computers, learning, and trying but the majority of us are not computer geeks. We are a group that is willing to learn and help. Whether we like it or not, technology has become an integral part of our lives and affects virtually every aspect of the legal profession — from the solo practitioner in northern Minnesota to the partner in a 400-person Wall Street firm. Technology has transformed how lawyers communicate, manage files, present cases to juries, and handle their professional and personal activities. It has been warmly received by …

Go to article

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2003

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

No abstract provided.

Go to article

Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller Jan 2003

Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller

Richmond Journal of Law & Technology

This article discusses whether the existing legal framework for property and places should apply to the electronic medium, or whether the uniqueness of the Internet requires a different characterization. The source of the right of the owner of an Internet site to legally control access to and use of the site and its content is the tort law of trespass and the law of contract. The sources of the right of users to freely access and use Internet content are the policies of free speech and public accommodation. Part I of this paper reviews the common law trespass theories that …

Go to article

Network Neutrality, Broadband Discrimination, Tim Wu Jan 2003

Network Neutrality, Broadband Discrimination, Tim Wu

Faculty Scholarship

Communications regulators over the next decade will spend increasing time on conflicts between the private interests of broadband providers and the public's interest in a competitive innovation environment centered on the Internet. As the policy questions this conflict raises are basic to communications policy, they are likely to reappear in many different forms. So far, the first major appearance has come in the "open access" (or "multiple access") debate, over the desirability of allowing vertical integration between Internet Service Providers and cable operators. Proponents of open access see it as a structural remedy to guard against an erosion of the …

Go to article

The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss Jan 2003

The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss

Vanderbilt Journal of Entertainment & Technology Law

This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.

Go to article

The Shoe Fits And The Lighter Is Out Of Gas: The Continuing Utility Of International Shoe And The Misuse And Ineffectiveness Of Zippo, Daniel Steuer Jan 2003

The Shoe Fits And The Lighter Is Out Of Gas: The Continuing Utility Of International Shoe And The Misuse And Ineffectiveness Of Zippo, Daniel Steuer

University of Colorado Law Review

No abstract provided.

Go to article

Envisioning Copyright Law's Digital Future, Peter S. Menell Jan 2003

Envisioning Copyright Law's Digital Future, Peter S. Menell

NYLS Law Review

No abstract provided.

Go to article

First Prev Next Last