Privacy Law Commons^™

Privacy Rights In Personal Information: Hipaa And The Privacy Gap Between Fundamental Privacy Rights And Medical Information, 19 J. Marshall J. Computer & Info. L. 535 (2001), Kevin B. Davis

UIC John Marshall Journal of Information Technology & Privacy Law

Advancements in computers and technology have affected nearly every aspect of health care. Although many of the effects of modern technology have benefited health care, a vast increase in the amount of people with access to medical information has led to numerous privacy concerns. In response to these new problems, and at the direction of Congress through the Health Insurance Portability & Accountability Act of 1996 (“HIPAA”), Health and Human Services (“HHS”) implemented the Privacy Rule. The Privacy Rule “protects privacy by regulating the ways in which certain medical information may be used by certain entities.” The constitutional right to …

Cybermedicine: Mainstream Medicine By 2020/Crossing Boundaries, 19 J. Marshall J. Computer & Info. L. 557 (2001), Kim Solez, Sheila Moriber Katz

UIC John Marshall Journal of Information Technology & Privacy Law

Cybermedicine, or “the discipline of applying the Internet to medicine,” is rapidly becoming more and more mainstream, and it will ultimately transform medicine completely. Cybermedicine uses “global networking to educate, innovate and communicate in ways that promote medical practice, commerce, scholarship, and empowerment.” Cybermedicine is taking place all over the world and in all walks of life. Currently, Web and e-mail based programs connect doctors to patients, doctors to doctors, and patients to patients with numerous beneficial results. E-mail is particularly important today because not everyone has access to high-speed Internet connections. The impending improvements in technology and the possibilities …

Issues For Healthcare Companies When Contracting With Asps, 19 J. Marshall J. Computer & Info. L. 569 (2001), Karen K. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article gives the reader information on what to look for when choosing an outsourcing or ASP provider. The second section provides information negotiating a service level agreement, including information on service levels, payment terms, customer responsibility, dispute resolution and confidentiality.

Cybermedicine: How Computing Empowers Doctors And Patients For Better Health Care, 19 J. Marshall J. Computer & Info. L. 589 (2001), William B. Powers

UIC John Marshall Journal of Information Technology & Privacy Law

In Cybermedicine: How Computing Empowers Doctors and Patients for Better Health Care, Dr. Warner V. Slack takes the reader on an interesting journey from the advent of experimental computer usage in the early 1960s, to comprehensive, hospital-wide computing systems in the 1980s, and into the future. As a professor of medicine and psychiatry at Harvard Medical School and co-president of the Center for Clinical Computing and co-director of the Division for Clinical Computing at Beth Israel Deaconess Medical Center, Dr. Slack, who has been involved with computers in medicine for some thirty-five years, demonstrates how the use of computers can …

Whose Genetic Information Is It Anyway? A Legal Analysis Of The Effects That Mapping The Human Genome Will Have On Privacy Rights And Genetic Discrimination, 19 J. Marshall J. Computer & Info. L. 609 (2001), Deborah L. Mclochlin

UIC John Marshall Journal of Information Technology & Privacy Law

"There is no information more personal and private than one's genetic information" – one's DNA. Under the Human Genome Project, mapping of the human genetic code is under way. From this mapping of genetic code, information such as the likelihood of developing cancer, diabetes, etc. would certainly become available. Although this information may be helpful to one's health providers, companies and governments may begin to use this information to discriminate individuals based on their genetic predispositions. This article focuses on the current federal legislation while proposing a new federal legislation in light of this great genetic endeavor. Legislation "has always …

The Electronic Communications Privacy Act: Does The Answer To The Internet Information Privacy Problem Lie In A Fifteen Year Old Federal Statute? A Detailed Analysis, 20 J. Marshall J. Computer & Info. L. 1 (2001), Henry M. Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

In 1986, Congress enacted the Electronic Communications Privacy Act ("ECPA") to update and clarify federal privacy protections and standards in light of changes in new technologies. Since, then, however, the Internet has grown immensely and this article discusses whether a new federal legislation is needed to meet the challenge. The author starts his analysis by defining what is "information privacy right." Then, he discusses how this right is been used and misused on the Internet. Following such definition, he discussed the ECPA Title II in detail. He analyses provisions of the ECPA, including section 2701, the definition of "access," sections …

Internet Web Site Jurisdiction, 20 J. Marshall J. Computer & Info. L. 21 (2001), Richard A. Bales, Suzanne Van Wert

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet is here to stay. Consequently, disputes in this cyberspace are heard in courts nationwide, and one of the most fundamental litigation questions is the personal jurisdiction. In this article, the authors discuss the difficulties courts have in defining the degree of interaction between the Web site operator and online users. The authors first discuss the background of how courts tackle the personal jurisdiction issue. Then, as the society leaps into the cyberspace, authors analyze how this great development in technology and communications creates challenges to courts in grounding personal jurisdictional issues. By going through case analyses, authors show …

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 20 J. Marshall J. Computer & Info. L. 91 (2001), Ryan Alexander, Robert S. Gurwin, Dominick Lanzito, Nicole D. Milos, Bridget O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

In this bench memo, the Supreme Court of the state of Marshall is asked to decide whether the actions of defendant, Marshall Manatees, evidence a theory of false light invasion of privacy as defined by the Restatement (Second) of Torts and whether defendant's actions of comparing the digital photographic images collected at the Marshall Center to their database and ultimately posting plaintiff's photo on its billboard constituted an actionable claim for misappropriation. Plaintiff, Allen Sanders, attended a professional basketball game where the Marshall Manatees were hosting an opposing team at the Marshall Center. He purchased the ticket online and received …

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 20 J. Marshall J. Computer & Info. L. 109 (2001), Gregory Brady, Steven Brooks, Christian Sullivan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2001 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 20 J. Marshall J. Computer & Info. L. 151 (2001), Courtney Scantlin, Mekisha Walker, Warren Clint Wells

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.

Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …

United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon

Richmond Journal of Law & Technology

The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …

Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon

Canadian Journal of Law and Technology

By our very nature, humans are creatures that communicate and network. Over the past several decades much of this communicating and networking has been facilitated by developments in information and communication technology. The social and economic transformations resulting from developments on the Internet have created several challenges for policymakers, lawmakers, courts and a wide range of other kinds of institutions. Some of these challenges are associated with the technologies and applications themselves. Other challenges result from content made available on the Internet and how users exchange data. Recent developments in peer-to-peer data exchange bring these two sets of challenges together.

Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok

Michigan Telecommunications & Technology Law Review

This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …

Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell

UIC John Marshall Journal of Information Technology & Privacy Law

Pornography and privacy share a subtle relationship in internet law and policy. Legislation attempting to restrict online speech considered indecent or harmful to minors is subject to exacting scrutiny. Legislation that regulates online speech thought to be harmful to its readers because of privacy concerns should be subjected to the same level of scrutiny. The availability of self-help remedies should govern the scope of legislation affecting online privacy and the alternatives offered by digital self-help solutions makes state regulation constitutionally suspect and functionally inferior. Self-help can be more effective than legislation in protecting online privacy. Cookie management software, use of …

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner,19 J. Marshall J. Computer & Info. L. 225 (2000), Matt Caligur, Mark Callender, Alexandra Smoots Hogan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent,19 J. Marshall J. Computer & Info. L. 261 (2000), Jennifer Kipke, Stacey-Ann Prince, Cindy Holcomb

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter

UIC John Marshall Journal of Information Technology & Privacy Law

The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.

In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …

Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik

UIC John Marshall Journal of Information Technology & Privacy Law

A recent scandal erupted in the press when a painting that was offered for sale on an Internet auction site was believed to be a lost contemporary masterpiece. The seller appeared to be a married man who was cleaning junk out of his garage, including a painting that his wife would not let him hang in the house. A bidding frenzy drove the price from the opening bid of 25 cents to more than $135,000 from a buyer in the Netherlands. After the sale was finished (it was ended by EBay when they learned he bid on the painting himself …

Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation …

Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein

UIC John Marshall Journal of Information Technology & Privacy Law

This article probes into the liabilities that service providers may incur on the internet. Liabilities such as copyright infringement , pornography, and defamation are common sources of liability on the Internet. The author begins by discussing the different types of copyright infringement. These include direct infringement, contributory infringement, and vicarious liability. In response to these different types of infringements, Congress and the President signed the Digital Millennium Copyright Act, DMCA. The author next investigates the issue of pornography on the Internet by giving a case history of the development of obscene pornography. This section of the article is concluded with …

Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.

Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky

UIC John Marshall Journal of Information Technology & Privacy Law

This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …

The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen

UIC John Marshall Journal of Information Technology & Privacy Law

With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …

Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor

UIC John Marshall Journal of Information Technology & Privacy Law

This article compares the need of individuals for privacy and the U.S. government's desire for encryption regulation. The impact that CESA on cyberspace security and crime are fully discussed. Furthermore, a brief background on the advantages and disadvantages of encryption are investigated. A history of legislative effort to provide decryption tools are examined and outlined. Next, the comment provides an analysis of CESA, its legal implications and issues involving its effectiveness are discussed. A solution proposed by the author to redraft and amend CESA provides individuals with privacy protection.

The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo

UIC John Marshall Journal of Information Technology & Privacy Law

Before 1994, the average Internet user received little unsolicited commercial email, or "spam." But that all changed in April 1994, when enterprising Arizona lawyers Laurence Canter and Martha Siegel sent spam advertising their immigration law "services" to approximately 8,000 Usenet newsgroups reaching approximately 20 million people. It inspired irate Usenet users to flame Canter and Siegel in such great volume that the attorneys' ISP's computer crashed. The computer overloads Canter and Siegel's stunt caused also completely knocked out New Zealand's Internet access. But the ads must have worked because despite the fallout, Cander and Siegel persisted in their spam ad …

Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …

Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …