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Articles 121 - 150 of 911
Full-Text Articles in Privacy Law
Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch
UIC John Marshall Journal of Information Technology & Privacy Law
In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that schools …
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola
UIC John Marshall Journal of Information Technology & Privacy Law
The pertinent questions therefore are: first, could software vulnerabilities be obviated simply by ameliorating factors responsible for market failure as canvassed by the literature on the economics of software security, drawing on the strength of the theory of information asymmetry, or are vulnerabilities inevitable irrespective of market dynamics and solutions? Second, to what extent is vulnerabilities research or the surreptitious exploitation of software vulnerabilities by hackers tantamount to trespass, and what are the legal implications, if any? Third, to what extent is the peddling of software vulnerabilities valid or enforceable in law? Fourth, what are the implications of software vulnerabilities …
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, 28 J. Marshall Computer & Info. L. 523 (2011), Moonho Song, Carrie Leonetti
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, 28 J. Marshall Computer & Info. L. 523 (2011), Moonho Song, Carrie Leonetti
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Carry That Weight: Victim Privacy Within The Military Sexual Assault Reporting Methods, 28 J. Marshall Computer & Info. L. 551 (2011), Emily Hansen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson
Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
The Amended Eu Law On Eprivacy And Electronic Communications After Its 2011 Implentation; New Rules On Data Protection, Spam, Data Breaches And Protection Of Intellectual Property Rights, 29 J. Marshall J. Computer & Info. L. 29 (2011), Vagelis Papakonstantinou, Paul De Hert
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 75 (2011), Russell Bottom, Matthew T. Andris, Robin Ann Sowizrol
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 75 (2011), Russell Bottom, Matthew T. Andris, Robin Ann Sowizrol
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 103 (2011), Nate Lindsey, Chris Omlid
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 103 (2011), Nate Lindsey, Chris Omlid
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 139 (2011), Elena Jacob, Steven Osit, Darya Zuravicky
The Thirtieth Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 139 (2011), Elena Jacob, Steven Osit, Darya Zuravicky
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes
UIC Law Review
No abstract provided.
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes
Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes
UIC Law Review
No abstract provided.
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
UIC Law Review
No abstract provided.
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
UIC Law Review
No abstract provided.
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010), Matthew Borton, Samuel Liles, Sydney Liles
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010), Matthew Borton, Samuel Liles, Sydney Liles
UIC John Marshall Journal of Information Technology & Privacy Law
Cyberwarfare is a very real threat to the security of the nation. Yet there is confusion and disagreement as to which government body is most appropriate to assume the cyberwar mission. The Strategy to Secure Cyberspace treats the threat primarily as a criminal issue, and assigns responsibility to the Department of Homeland Security. The National Defense Strategy implies that cyberwarfare is a military issue. Both documents may be correct, depending on the case. The cyberspace terrain transcends boundaries, quickly blurring the line between civil or criminal action and an act of war, leaving the government with the issue of assigning …
Law School & The Web Of Group Affiliation: Socializing, Socialization, And Social Network Site Use Among Law Students, 27 J. Marshall J. Computer & Info. L. 325 (2010), Eric M. Fink
UIC John Marshall Journal of Information Technology & Privacy Law
Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school experience, …
Firearm Transaction Disclosure In The Digital Age: Should The Government Know What Is In Your Home?, 27 J. Marshall J. Computer & Info. L. 497 (2010), Elaine Vullmahn
Firearm Transaction Disclosure In The Digital Age: Should The Government Know What Is In Your Home?, 27 J. Marshall J. Computer & Info. L. 497 (2010), Elaine Vullmahn
UIC John Marshall Journal of Information Technology & Privacy Law
This comment examines the primary arguments for continuing to prohibit the federal government from establishing a federal firearm registry. The Background section of this comment surveys the development of laws restricting firearm sales and requiring federal firearm licensed dealers to maintain pertinent records. This section also describes how, if enacted, the Blair Holt’s Firearm Licensing and Registration Act of 2009, known as H.R. 45, would, through the creation of federal firearm registry, expose electronic records of private citizens’ firearm purchases and ownership to possible government abuse. The Analysis section examines why H.R. 45 is not the correct means for achieving …
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010), Michael F. Morgan
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010), Michael F. Morgan
UIC John Marshall Journal of Information Technology & Privacy Law
While there is a growing body of literature dealing with the General Public License (“GPL”), the potential viral effects of the GPL do not appear to have been analyzed in a detailed technical manner. This paper will attempt to demonstrate that a proper legal analysis of the viral effects of the GPL is dependent on a detailed technical understanding of the specific mechanisms used for each type of program-to-program interaction. Once these technical mechanisms are properly understood it will then be possible to identify the applicable copyright law needed to assess the viral effects of the GPL.
How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010), Kritika Bharadwaj
How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010), Kritika Bharadwaj
UIC John Marshall Journal of Information Technology & Privacy Law
India has one of the fastest growing demographics of personal computer and Internet usage, following the U.S. and the U.K. In the light of this progress, there is no doubt that India has benefited from the worldwide process of outsourcing. On the same note, the service offered by India has rendered her indispensible to countries around the world, including the U.S. and the U.K. However, where convenience, speed, and accessibility are taken for granted in this digital era, this paradigm shift has consequently resulted in changes in its management and control, safeguard measures, and a surge of unprecedented threats and …
Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar
Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar
UIC John Marshall Journal of Information Technology & Privacy Law
The first section of this paper will explain what fatwâs are, why they are important, and what is the relationship between fatwâs and the Islamic judiciary. This section will also address who can issue such opinions and how scholars reach their conclusions. In the second part of this paper, I will explore the recent emergence of cyber fatwâs. This section specifically will focus on how Muslims have used this medium and how fatwâs have manifested themselves therein. The third portion of this paper will identity the problems that cyber fatwâs create and why they fail to comport with particular tenets …
An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou
An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou
UIC John Marshall Journal of Information Technology & Privacy Law
This paper examines the evolution of a number of cloud computing services’ terms of use with the aim to discern whether they offer less or more (or equal) privacy safeguards. To better highlight the changes cloud computing has brought about, I focus on those privacy terms that relate to the special modus operandi of cloud services. This paper proceeds in three parts. Part I identifies the special ways by which cloud computing challenges privacy. Part II discusses a series of privacy terms commonly found in the sampled cloud computing services and follows their evolution by comparing previous versions where available. …
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide …
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin
UIC John Marshall Journal of Information Technology & Privacy Law
2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer
UIC John Marshall Journal of Information Technology & Privacy Law
The circuit court erred when it granted summary judgment in favor of MarshCODE because Mr. Murphy has demonstrated facts to support the elements of the (1) defamation, (2) false light invasion of privacy, and (3) breach of contract claims. First, Mr. Murphy has provided facts to support the defamation claim. MarshCODE made a false and defamatory statement about Mr. Murphy when it told Ms. Who that he was her father. Because this matter concerns Mr. Murphy's private life, a negligence standard applies rather than the First Amendment's actual malice standard. Mr. Murphy has demonstrated that MarshCODE acted either negligently or …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler
UIC John Marshall Journal of Information Technology & Privacy Law
The First District Court of Appeals properly affirmed summary judgment on behalf of MarshCODE because Appellant failed to raise a genuine issue of material fact on his defamation claim. First, MarshCODE's accidental disclosure of information, which implied that Appellant participated in premarital sex or had a homosexual child, was not defamatory because an average person would not lower his estimation or be deterred from associating with Appellant based on such a statement. Second, no publication was made because MarshCODE did not act with negligence and was unaware of the program malfunction that resulted in the release of the information. Third, …
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel
UIC John Marshall Journal of Information Technology & Privacy Law
“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.