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Full-Text Articles in Privacy Law

Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller Jan 2004

Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller

UIC John Marshall Journal of Information Technology & Privacy Law

With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …


Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson Jan 2004

Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson

UIC John Marshall Journal of Information Technology & Privacy Law

Until recently it was considered impossible or at least pointless to attempt to identify the actual geographic location of Internet users in the online environment. However, this is changing and, although extremely accurate geographical identifiers do not exist, more geo-location technologies are used to track the location of the Internet users for a variety of reasons such as fraud detection, authentication, content targeting, security and network efficiency, conditioning access and legal compliance. The article distinguishes between hard protection provided by geo-location technologies and soft protection provided by non-technical means. It then proceeds in presenting and examining the geo-location technologies, sophisticated …


The Truth About The Truth In Domain Names Act: Why This Recently Enacted Law Is Unconstitutional, 23 J. Marshall J. Computer & Info. L. 141 (2004), Michael Honig Jan 2004

The Truth About The Truth In Domain Names Act: Why This Recently Enacted Law Is Unconstitutional, 23 J. Marshall J. Computer & Info. L. 141 (2004), Michael Honig

UIC John Marshall Journal of Information Technology & Privacy Law

In April 2003 the Prosecutorial Remedies and other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act) was enacted with the goal to protect children from abduction and abuse and achieve a more aggressive pursuit of the individuals committing crimes against the children. Although the AMBER Alert system is the most known portion of the legislation other provisions including the Truth in Domain Names Act (TDNA) making the use of a misleading Internet domain name to deceive a person to view pornography a criminal offense were also included. This comment first discusses the case of John …


Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo Jan 2004

Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo

UIC John Marshall Journal of Information Technology & Privacy Law

It is well known that going to the movies is an extremely popular pastime for the Americans. However for millions of Americans who are deaf or hard of hearing this is not something that they can enjoy in the same terms as the rest of the other movie goers since most movie theater operators consider that providing “equal access” to deaf or hard of hearing individuals consists only of allowing them to enter the theater, purchase and ticket and sit down not install captioning technology so that deaf or hard of hearing individuals could actually understand the movie shown. The …


Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek Jan 2004

Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek

UIC Law Review

No abstract provided.


Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis Jan 2004

Hippocrates To Hipaa: A Foundation For A Federal Physician-Patient Privilege, 77 Temp. L. Rev. 505 (2004), Ralph Ruebner, Leslie Ann Reis

UIC Law Open Access Faculty Scholarship

No abstract provided.


Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler Jan 2004

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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

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

UIC John Marshall Journal of Information Technology & Privacy Law

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


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 …


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 …


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 …


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 …