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Full-Text Articles in Privacy Law

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

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 …

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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. Jan 2000

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 …

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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 Jan 2000

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 …

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Invasion Of The Information Snatchers: Creating Liability For Corporations With Vulnerable Computer Networks, 18 J. Marshall J. Computer & Info. L. 1019 (2000), Sarah Faulkner Jan 2000

Invasion Of The Information Snatchers: Creating Liability For Corporations With Vulnerable Computer Networks, 18 J. Marshall J. Computer & Info. L. 1019 (2000), Sarah Faulkner

UIC John Marshall Journal of Information Technology & Privacy Law

Computer hackers are a serious threat to businesses and their customers, particularly if those businesses operate complex computer networks or operate as on-line businesses. However, now that corporate telecommunication networks are becoming more sophisticated, a company's phone system may also be susceptible to invasion. These telephonic hackers, called phone phreaks (and telecom hacking itself is known as phreaking), can cause large monetary losses as well. The question of who is liable for these losses, losses that are specifically caused by illegal activity, is the subject of this comment. This comment addresses the issue of liability for monetary losses in the …

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The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian Jan 2000

The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian

UIC John Marshall Journal of Information Technology & Privacy Law

The demands of social democratic government, the growth of electronic commerce, and the advance of technology have fueled the debate over internet privacy. Technology offers unprecedented opportunities but can also become tools of abuse. Debate in the United States centers around the conflicting interests of industry self-control versus government regulation. Technological and market-based solutions are ineffective because they lead to inadequate and inconsistent protection. Many user-driven privacy choices can impede the growth of consumer trust. Voluntarily adopted privacy policies are either extremely limited or easily circumvented with tracking technology that allows no consumer control over the collection of their personal …

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Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer Jan 2000

Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer

UIC John Marshall Journal of Information Technology & Privacy Law

The free flow if information is critical to open society. In the United States, the tradition of open information provides the intellectual oxygen for the development American freedom, knowledge, technology, and commerce. In contrast to the right to communicate and obtain information, privacy is not an established right in the United States, except with respect to physical trespass by the government and reproductive freedom. A federal privacy czar would necessarily limit the unauthorized collection, use, and dissemination of personal information. Privacy czars invariably become privacy advocates and take active stances to discourage the free flow of information about persons and …

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Recent Developments In Private Sector Personal Data Protection In Australia: Will There Be An Upside Down Under, 19 J. Marshall J. Computer & Info. L. 71 (2000), Paul Kelly Jan 2000

Recent Developments In Private Sector Personal Data Protection In Australia: Will There Be An Upside Down Under, 19 J. Marshall J. Computer & Info. L. 71 (2000), Paul Kelly

UIC John Marshall Journal of Information Technology & Privacy Law

Although the United States enacted the one of the first data protection laws, many Americans are suspicious of European data protection regulations. The U.S. and Japan are notable exceptions to the modern trend toward comprehensive informational privacy regulation. European data protection laws are stricter, more comprehensive, and more bureaucratic than non-European counterparts. Newer regulatory models, such as those introduced in Australia, provide an acceptable compromise between the American self-regulatory approach and the comprehensive European approach. Australia has a federal agency responsible for administering its information privacy laws and is moving towards a co-regulatory approach between government and the private sector.

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Protecting Individual On-Line Privacy Rights: Making The Case For A Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000), Jack Karnes Jan 2000

Protecting Individual On-Line Privacy Rights: Making The Case For A Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000), Jack Karnes

UIC John Marshall Journal of Information Technology & Privacy Law

Few issues have caused more legal consternation than the level to which individual online privacy rights should be protected. Modern equipment and software enables those who seek to violate privacy rights render a less knowledgeable citizen helpless. Traditional privacy protection is inadequate to protect a fundamental right. Neither Congress nor the courts have dealt with the issue in an effective manner like they have dealt with other areas like telephone and wireless phone communications. The online privacy dilemma is reaching a crisis point. Employers are able to monitor employees’ uses of equipment to prevent any and all personal uses of …

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The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher Jan 2000

The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher

UIC John Marshall Journal of Information Technology & Privacy Law

The United States is well on its way to having a federal agency that regulates online privacy. In the last five years, the Federal Trade Commission (FTC) has assumed increasing jurisdiction over online privacy. The FTC’s true intent to regulate online privacy became evident when it recommended that Congress enact legislation to strengthen its growing power to regulate internet privacy. The FTC uses threats of administrative enforcement actions to guide industry self-regulation through the use of unfair trade practices actions. The FTC acts because consumers feel entitled to data privacy and promotes Web site privacy practices through education and attempts …

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Toward An Architecture Of Privacy For The Virtual World, 19 J. Marshall J. Computer & Info. L. 151 (2000), Paul Toscano Jan 2000

Toward An Architecture Of Privacy For The Virtual World, 19 J. Marshall J. Computer & Info. L. 151 (2000), Paul Toscano

UIC John Marshall Journal of Information Technology & Privacy Law

The internet is expanding. As users become more computer literate, the world becomes more reliant on the virtual one. The internet and wireless communications have fostered global commerce on an unprecedented scale. Because it lacks boundaries, cyberspace is difficult for regulate with traditional methods of governance. Security, privacy, and integrity of information are thus available to only a minority of users in restricted communities. Outside, users are on their own or must rely on the partial solutions available to them. To date, there is no consensus on what security, privacy, and integrity of information really mean. The internet needs a …

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The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On Us-China Relations: Marco Polo, Where Are You?, 19 J. Marshall J. Computer & Info. L. 169 (2000), Omar Saleem Jan 2000

The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On Us-China Relations: Marco Polo, Where Are You?, 19 J. Marshall J. Computer & Info. L. 169 (2000), Omar Saleem

UIC John Marshall Journal of Information Technology & Privacy Law

The desire to explore new worlds and to exchange ideas and goods should be the impetus behind the Internet, the virtual Silk Road connecting the east and west. The Chinese government considers the Internet a vital part of its modernization plans. There are millions of Chinese citizens online and that number continues to grow. China’s policy towards online privacy regulation will have a significant impact on the rest of the world. Technology has outpaced law in the arena of privacy regulation. Some scholars believe the Internet should be unregulated. Others fear that commerce will overrun privacy concerns. The sheer volume …

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Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos Jan 2000

Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos

UIC John Marshall Journal of Information Technology & Privacy Law

In this book review of Simon Garfinkel's "Database Nation: The death of privacy in the 21st century," the author echoes George Orwell's prophetic vision of a totalitarian government prying on citizens' privacy in "1984." However, Database Nation presents a future where privacy has become a costly commodity: individuals fight dearly to hold such privacy from prying eyes. From the history of information age to advocating privacy protection legislations, the author discusses how Garfinkel pieces together the forming of the database nation. From health care providers to credit bureaus and from satellite surveillance to consumer purchasing habits, Garfinkel urges readers to …

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2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin Jan 2000

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin

UIC John Marshall Journal of Information Technology & Privacy Law

In this bench memo, the high court is asked to decide two issues: whether the information disseminated by defendant invaded plaintiff's privacy as defined by the Restatement (Second) of Torts governing public disclosure of private facts; and whether defendant's use of cookie technology to gather the information displayed about plaintiff constituted an invasion of her privacy. Defendant provides a commercial online job search services that provides employment assistance to online users. In return of the free service, users are required to create a "profile" with personal identifying information such as name, phone number, address and e-mail. At the bottom of …

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Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi Jan 1999

Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Circuit's ruling in State Street Bank Trust Co. v. Signature Financial Group, Inc. represented a paradigm shift in subject matter jurisprudence. Historically, software has been unpatentable because it included a mathematical algorithm, could not pass the physicality test, and was subject to the business methods exception. The State Street ruling expanded the scope of patentable subject matters by focusing on other aspects of patentability such as novelty, nonobviousness, and utility. State Street refreshingly modernizes patent law for improved application to today's evolving high technology industries. In "Computer Software: Patentable Subject Matter Jurisprudence Comes of Age," the author examines …

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Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman Jan 1999

Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discuss the technology behind electronic document certification: digital signatures which enable parties to sign their names electronically to documents over the Internet. Part II of this comment will begin by discussing the traditional role of the notary in business transactions. Part II will also introduce encryption technology, digital signature technology, and how a CA can provide extremely reliable electronic document certification using such technologies. Part III will discuss the applications where this technology is being used today, albeit sparingly. Part III further discusses an application currently in development that will use digital signature technology in the future …

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The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski Jan 1999

The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski

UIC John Marshall Journal of Information Technology & Privacy Law

Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …

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How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch Jan 1999

How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch

UIC John Marshall Journal of Information Technology & Privacy Law

The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.

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Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins Jan 1999

Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins

UIC John Marshall Journal of Information Technology & Privacy Law

Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …

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Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey Jan 1999

Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey

UIC John Marshall Journal of Information Technology & Privacy Law

Patent cases use a "preponderance of the evidence" standard of proof, unless the validity of a patent is in question, in which case the standard is "clear and convincing evidence." The comment examines the meaning of the standards in their application to United States patent practice. After giving examples with interference and infringement cases, the comment argues that the vast majority of cases are decided on evidence not presented to the Patent and Trademark Office (PTO) during prosecution of the patent. The assumption that a patent is valid is based on the thorough examination it receives prior to its allowance …

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Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith Jan 1999

Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith

UIC John Marshall Journal of Information Technology & Privacy Law

Despite the popularity in the area of securities trading and all of the new challenges the Internet brings to the area of securities fraud, Congress has not chosen to react with new legislation. Instead, Congress has chosen to remedy the problems through the use of existing laws that were written over fifty years ago. This decision by Congress is at odds with other decisions it has made with respect to other areas of law that have been impacted by the Internet. Congress reacted to the effects of the Internet on gambling with proposed legislation aimed specifically at problems the Internet …

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Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow Jan 1999

Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow

UIC John Marshall Journal of Information Technology & Privacy Law

The CD-ROM has infiltrated every part of the legal profession, from research and learning aids to information storage. The newest technological advancement to enter the profession is the CD-ROM brief. In 1997, the first three CD-ROM briefs were filed with the federal judiciary, and the courts seem more than eager to continue their use. As with all new things, there are critics. Those opposed to CD-ROM briefs believe that they will adversely affect the standard of review, efficiency and finality of decisions in the trial and appellate courts and prejudice the less affluent. These concerns, however, are unfounded. The appellate …

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach Jan 1999

1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston Jan 1999

Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro Jan 1999

Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro

UIC John Marshall Journal of Information Technology & Privacy Law

The value of U.S. based electronic commerce (e-commerce) transactions was estimated to be $43 billion in 1998 and is projected to grow to $1.3 trillion by 2003, totaling over nine percent of total U.S. business sales. Governments have embraced e-commerce as a positive development that should be encouraged. Many of our states and foreign countries have responded by enacting legislation regarding the enforceability of e-commerce transactions. There are three fundamental issues surrounding online commerce. These issues are: 1) whether the transaction is legal; 2) whether the message can be trusted; and 3) what are the rules of conduct. Concerning the …

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Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber Jan 1999

Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber

UIC John Marshall Journal of Information Technology & Privacy Law

There is an ominous traffic sign on the electronic superhighway to that much- ballyhooed paperless society. It reads: "Road Under Construction--Completion Date Unknown." To be sure, the vaunted superhighway does extend, perfectly paved, for a good distance, as anyone who has ever made a paperless purchase on the Internet will attest, but the highway engineers have so far been stymied from reaching their digital Valhalla by practical hurdles. And there is another hitch: many travelers do not want to get on the superhighway no matter how far it extends. They prefer unpaved horse-and-buggy thoroughfares that are slower but seem to …

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Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen Jan 1999

Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen

UIC John Marshall Journal of Information Technology & Privacy Law

This essay addresses the use of digital signature technology and the certification authority, and poses the fundamental question of whether the traditional notary public should really serve as the model for the new position of certification authority. This paper begins with an historical review of the concern about document security and the measures taken to deal with those concerns. Second, the paper includes a very brief overview of the technological aspects of the digital signature and its value in the global marketplace. Next, this essay examines the similarities between the traditional notary and the certification authority, including the functions and …

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The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards Jan 1999

The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …

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The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders Jan 1999

The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders

UIC John Marshall Journal of Information Technology & Privacy Law

Both businesses and private individuals are trying to protect the confidentiality of electronic proprietary data and communications through the use of encryption technology. Encryption technology includes methods such as digital encryption, which uses an encryption algorithm to convert a plain text message to an encoded ciphertext. However, the use of such technology raises concerns for the federal law enforcement and national security authorities, who are concerned that criminals and terrorists will use the technology for their own purposes. Thus, the federal government has used United States national security policy coupled with law enforcement strategies to shape the regulation of encryption …

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