Privacy Law Commons^™

Dow Jones And The Defamatory Defendant Down Under: A Comparison Of Australian And American Approaches To Libelous Language In Cyberspace, 22 J. Marshall J. Computer & Info. L. 553 (2004), Richard L. Creech

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand

UIC John Marshall Journal of Information Technology & Privacy Law

In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …

The Destruction Of Media Diversity, Or: How The Fcc Learned To Stop Regulating And Love Corporate Dominated Media, 22 J. Marshall J. Computer & Info. L. 569 (2004), Christa Corrine Mclintock

UIC John Marshall Journal of Information Technology & Privacy Law

Christa Corrine McLintock’s “The Destruction of Media Diversity, or: How the FCC Learned to Stop Regulating and Love Corporate Dominated Media” investigates the current corporate consolidation climate and the efficacy of alternative media outlets. McLintock examines the history of the Federal Communication Commission (“FCC”) and its current trend toward deregulation. McLintock argues that the Internet has failed to level the playing field between alternative media outlets and mainstream media conglomerates. She concludes that increased regulation is not only the most viable solution to the alternative media’s predicament, but also the means through which to satisfy the FCC’s stated goals, facilitate …

Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Is The Acpa A Safe Haven For Trademark Infringers? - Rethinking The Unilateral Application Of The Lanham Act, 22 J. Marshall J. Computer & Info. L. 655 (2004), Jinku Hwang

UIC John Marshall Journal of Information Technology & Privacy Law

The Anticybersquatting Consumer Protection Act (ACPA) was enacted in 1999 as a response to international disputes over Internet domain names because according to the Congress’ point of view, courts could not successfully protected American businesses in cases where nothing more that the registration of a trademark or its variation in a domain name had occurred. This article analyzes recent court decisions regarding domain name disputes after the enactment of ACPA focusing on reverse domain name hijacking in international, trademark related and gTLD disputes. The author argues that the in rem jurisdiction provided by the ACPA and the consequent extraterritorial effect …

The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro

UIC John Marshall Journal of Information Technology & Privacy Law

In criminal investigation when hours may mean the difference between successful resolution of a case or not, law enforcement must have an effective method of obtaining necessary information. The author offers an overview of the Electronic Communications Privacy Act (ECPA) and proceeds in a presentation of cybercrime investigations. The article further examines the differences and the occasional conflict existing between the federal and state law, traced into the variety and multitude of state and local laws and procedures regulating the obtaining of information but also into lack of state and local resources. Indeed state and local laws not only differ …

The Concept Of "Harm" In Computer-Generated Images Of Child Pornography, 22 J. Marshall J. Computer & Info. L. 717 (2004), Jisuk Woo

UIC John Marshall Journal of Information Technology & Privacy Law

There has been a lot of controversy about the harm caused by computer-generated child pornography. This article examines the new ways in which technological development has created new concerns about child pornography especially in the context of challenging the concept of “harm” in the existing child pornography law. The author presents and discusses the existing child pornography laws and jurisprudence as well as the relevant arguments raised against it most of which are based on the “harm” caused by child pornography. This concept of “harm” and the different ways it is conceived and understood is analyzed and empirical evidence supporting …

Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin

UIC John Marshall Journal of Information Technology & Privacy Law

The EU Electronic Privacy Directive of 2002 requires members to ensure the confidentiality of communications but allows member states to restrict the scope of such protection for national security and defense reasons as well as to prevent, investigate detect and prosecute crimes. Despite the criticism a provision on retention of communications date was inserted, reversing thus the position taken under the previous EU Telecommunications Privacy Directive of 1997. This article presents the evolution of the EU Electronic Privacy Directive of 2002 starting from the initial proposal of 2000 which did not include a retention of data provision, to the final …

"You Have The Right To Remain Silent . . . You Have No Right To Your Dna" Louisiana's Dna Detection Of Sexual And Violent Offender's Act: An Impermissible Infringement On Fourth Amendment Search And Seizure, 22 J. Marshall J. Computer & Info. L. 759 (2004), Reneé A. Germaine

UIC John Marshall Journal of Information Technology & Privacy Law

In 2003 Louisiana legislature enacted the DNA Detection Of Sexual And Violent Offenders Act requiring that any person arrested for certain offenses must submit to a DNA sample extraction to be stored with the State’s DNA databank, for the purpose to be utilized as a tool for identification in the criminal investigation and in discovering missing persons. The comment, after a brief presentation of the history of the Act and the DNA technology overview, argues that the Act infringes the Fourth Amendment protections against unreasonable search and seizure. It presents the already established standards of probable cause as well as …

To: [email protected]: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer

UIC John Marshall Journal of Information Technology & Privacy Law

As more attorneys now days use the e-mail as their primary source of communication with their clients, new issues arise regarding the potential threat to attorney-client communication privilege resulting from the standard and systematic employer monitoring of their employees e-mails. Indeed employers monitor their employees’ computer use and in some cases terminate employees as result of this monitoring, for various reasons such as to increase of employee productivity and efficiency, protect their public image, prevent workplace harassment, protect their Intellectual Property assets and their network capacity. Given the systematic workplace monitoring but also the fact that contrary to the American …

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

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

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

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 …

A Traitor In Our Midst: Is It Your Tivo?, Teresa W. Chan

Vanderbilt Journal of Entertainment & Technology Law

Part I of this Note provides a backdrop of the different aspects of privacy law, focusing on the federal statutory schemes that are applicable to the issue of information gathering and the different possible uses of that information as a violation of privacy rights that have appeared in similar technology cases up to this point in time. This section will also focus on the capabilities of TiVo in more depth.

Part II of the Note examines both of TiVo's questionable actions: first, whether gathering information to sell to advertisers and networks in the form of aggregate data violates privacy rights; …

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.

Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner

Michigan Journal of Gender & Law

Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.

Is Lawrence Libertarian?, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court’s decision in Lawrence v. Texas is no doubt a shock to those pursuing an antihomosexual agenda. To most Americans, however, the decision is less an ipse dixit announcing radical social change than it is a belated recognition of what they had already learned about the humanity and dignity of gay people. Rather than radically changing constitutional principle, the Court has corrected its own erroneous understanding of the facts that underlay its application of constitutional principle in the past. Rather than leading the nation, the Court has caught up to it.

Part I of this essay lays out …

Litigating Medical Malpractice Cases In Oklahoma: The Aftermath Of Hipaa, Melissa A. Couch

Oklahoma 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

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

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 …

The Use And Disclosure Of Protected Health Information For Research Under The Hipaa Privacy Rule: Unrealized Patient Autonomy And Burdensome Government Regulation, Stacey A. Tovino

Faculty Articles

No abstract provided.

Combatting Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan-Butler

St. Thomas Law Review

The main question, therefore, in light of the terrorist attacks of September 11 th and the U.S. government's attempt to combat money laundering as a source of potential terrorist funding, is whether the government's use of secret evidence to justify a challenged blocking order represents a violation of the fundamental due process rights of the aggrieved party. In an attempt to evaluate this issue, the remainder of this essay is divided into four Parts. Part I provides an overview of the connection between money laundering and terrorism. Part II describes the statutory history and legislative background to the money laundering …

Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson

Canadian Journal of Law and Technology

As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …

Edith Wharton, Privacy, And Publicity, Jessica Bulman-Pozen

Faculty Scholarship

"It's the woman's soul, absolutely torn up by the roots-her whole self laid bare .... I don't mean to read another line; it's too much like listening at a keyhole." When Mrs. Touchett speaks these words in Edith Wharton's early novella, The Touchstone, we may wonder whether Wharton is mocking her own voyeuristic readership and grappling with her tenuous privacy as a professional female author. Despite her protestations, Mrs. Touchett has relished reading the letters of Mrs. Aubyn, a deceased novelist whose former lover, Stephen Glennard, has published her correspondence. It is precisely because these love letters (or "unloved letters" …

Technology And The Internet: The Impending Destruction Of Privacy By Betrayers, Grudgers, Snoops, Spammers, Corporations And The Media, Clifford S. Fishman

Scholarly Articles

This Article reviews how the Internet and related developments-technological, social, and legal-have magnified the threat to privacy posed by private individuals, commercial enterprises, and the media. It offers a brief overview of the current threats to privacy from sources other than the government, and, in particular, the impact of the Internet in creating or magnifying those threats. Part I discusses the threat to privacy in general, examining how the Internet and developments in surveillance technology, in information storage and retrieval, in dissemination of information, sound, and images, and changes to the informal "social contract" that defines general standards have all …

Domesticating Lawrence, David D. Meyer

Faculty Scholarship

No abstract provided.

Senate To Weigh Controversial Cybercrime Treaty, Gavin Mhley

Public Interest Law Reporter

No abstract provided.

Constitutional Law: Beyond The Bounds Of Roe: Does Stenberg V. Carhart Invalidate The Partial-Birth Abortion Ban Act Of 2003, Scott A. Hodges

Oklahoma Law Review

No abstract provided.

Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar

Oklahoma Law Review

No abstract provided.