Privacy Law Commons^™

Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija

UIC John Marshall Journal of Information Technology & Privacy Law

The author provides a brief overview of Spain’s intellectual property protection of software. The author discusses Act 22/87 which is the foundation of copyright law in Spain and regulates all kinds of works; literary, artistic, and scientific. In Spain, copyright laws protect computer programs as literary works. The broad definition of a "computer program" includes the object code as well as the source code, operating system programs, the microcode within the central processing unit, and the programming language and interface. As a member of the European Community (EC), Spain enacted "Directive 91/250" for legal protection of computer programs. The author …

Learning To Love "The Ultimate Peripheral" - Virtual Vices Like "Cyberprostitution" Suggest A New Paradigm To Regulate Online Expression, 14 J. Marshall J. Computer & Info. L. 779 (1996), D. James Nahikian

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Revising The Freedom Of Information Act For The Information Age: The Electronic Freedom Of Information Act, 14 J. Marshall J. Computer & Info. L. 817 (1996), Jeffrey Norgle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Functional Approach To Information Upon The Convergence Of Communication And Information Processing, 15 J. Marshall J. Computer & Info. L. 3 (1996), Roy N. Freed

UIC John Marshall Journal of Information Technology & Privacy Law

The ways that a computer and the human brain process information are immensely similar. The legal issues that arise from similar information processors must be addressed. In addition to purporting the similarities between the computer as the information processor and the human mind as the information processor, attorneys need to stay current with developments in computer technology. New insights in the computer industry can shatter the current legal infrastructure used to solve today's computer law issues. Attorneys must constantly reexamine the rules that pertain to information as well. The practicing attorney should be aware that these new legal developments need …

The Invention And Future Of The Computer, 15 J. Marshall J. Computer & Info. L. 21 (1996), Lee Loevinger

UIC John Marshall Journal of Information Technology & Privacy Law

To fully understand the future of the computer and the computer's role in society, one must understand where the computer originated. The history of the computer is traced from the beginning of binary numeration to the life of John V. Atanasoff, the inventor of the computer. Several developments in technology are responsible for the transformation of computers into the high tech efficient and affordable technology. In review, four generations of computers exist. Atanasoff's first model and the derivatives from his work are the first generation computers. The development of the transistor by Bell Laboratories in the late 1940's led to …

Allocating The Risk Of Loss For Bank Card Fraud On The Internet, 15 J. Marshall J. Computer & Info. L. 39 (1996), Randy Gainer

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet presents many opportunities for the user to purchase merchandise using a credit card or bank card. However, until planned security measures for the Internet are proven to be effective, a question is raised: Who will pay for the loss if a criminal diverts the bank card data used by a consumer over the Internet? Two federal statutes generally prevent banks and credit card associations from charging consumers for losses incurred by fraudulent use of bank cards. The 1970 amendment to the Federal Consumer Protection Act (FCPA) and the Electronic Funds Transfer Act of 1978 (EFTA) contain provisions that …

1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney

UIC John Marshall Journal of Information Technology & Privacy Law

Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, …

It's 1996: Do You Know Where Your Cyberkids Are? Captive Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer & Info. L. 51 (1996), Dawn L. Johnson

UIC John Marshall Journal of Information Technology & Privacy Law

The age of the Internet has allowed users of all ages to access an infinite number of subjects. However, some of those Internet sites may consist of subjects that may not be suitable for children under eighteen based on the content of those sites. The content may include sexually explicit and violent text and images. In 1996, the Communications Decency Act (hereinafter CDA) was created to help protect children from "obscene" or "indecent" subject matter by imposing criminal liability for violations. However, the American Civil Liberties Union has obtained a preliminary injunction against enforcing the CDA because of the potentially …

The Protection Of Information Technology In A Culturally Diverse Marketplace, 15 J. Marshall J. Computer & Info. Law 129 (1996), Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

As we approach the year 2001, one of the critical issues facing the international community is the level and scope of protection to be afforded technology and technology based products. Technology and property laws share a unique relationship. Intellectual property laws serve as a potential source for technology protection. Technology if subject to protection is generally protectable under a country's patent or copyright for compact disc recordings. In addition to the forms of intellectual property, many nations also provide protection for the "rights neighboring" to traditional intellectual property rights. The absence of a uniform definition for traditional forms of intellectual …

Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying are …

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy

Kentucky Law Journal

No abstract provided.

The Single Publication Rule: One Action Not One Law, Debra R. Cohen

Journal Articles

Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.

Lochner For Women: The Ideology Of Separate Spheres In Muller V. Oregon, Anne Dailey

Faculty Articles and Papers

No abstract provided.

The Essential Role Of Trusted Third Parties In Electronic Commerce, A. Michael Froomkin

Articles

No abstract provided.

Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

Articles

No abstract provided.

Physician Assisted Suicide: A Bad Idea, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.

Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition

Touro Law Review

No abstract provided.

Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke

Vanderbilt Journal of Transnational Law

This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …

Privacy Rights, Public Policy, And The Employment Relationship, Pauline Kim

Scholarship@WashULaw

Two well-established common law doctrines increasingly are coming into conflict. The first protects individuals from unreasonable intrusions on their privacy. The second authorizes an employer to fire its employees at will, unless a clear agreement exists to the contrary. As employees have begun to assert their common law right of privacy' in the workplace, their claims have collided headlong with the doctrine of employment at will.

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …

Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose

Books and Book Chapters by University of Dayton Faculty

Presents a thought-provoking look at a groundbreaking Supreme Court case, Griswold v. Connecticut, involving the directors of a women's health clinic, arrested for violating state contraception laws, and the court's resulting affirmation of a constitutional right to privacy.

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.