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Articles 3571 - 3600 of 4621

Full-Text Articles in Privacy Law

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 …

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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 …

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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 …

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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 …

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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 …

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Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell Jan 2003

Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses whether vendors should be held liable for spam. Vendors are those companies whose products or services are being peddled in spam advertising. Yet, vendors disclaim responsibility for the issuance of spam because they were not the ones who actually sent the spam in the first place. This article takes the stance that because vendors contribute and or benefit from the wrongful acts of the actual spammers, vendors should not be able to escape liability by blaming the primary actors, the spammers. Further, if vendors were to be held liable for spam, they would be an easier entity …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman Jan 2003

Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman

UIC John Marshall Journal of Information Technology & Privacy Law

This article seeks to identify areas that truly require legislative intervention by examining the harms purportedly caused by spam. Identifying exactly what constitutes spam is an imprecise task since one e-mail may be junk to one and an important e-mail to another. The article attempts to analyze why consumers feel strongly against spam. This reaction is compared to consumers’ comparatively tolerant reaction to other unwanted advertisement in different mediums, such as billboards or magazine advertisements. Several factors are considered, such as the waste of time associated with sorting spam, the loss of consumers’ control over their in-boxes, and the annoyance …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 22 J. Marshall J. Computer & Info. L. 335 (2003), Steven Anderson, Chad Edgington, Shannon Goss

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham Jan 2003

Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote analyzes and critiques the decision reached by the California Supreme Court in Intel v. Hamidi. Intel v. Hamidi runs contrary to other cases that have found a cause of action for trespass to chattels where harm was caused by unwanted electronic communications: Thrifty-Tel, Inc. v. Benezek, eBay v. Bidder’s Edge, and CompuServe v. Cyber Promotions. The California Supreme Court in Intel v. Hamidi suggested other causes of action Intel could have brought instead of trespass to chattels. The casenote looks at each proffered alternative and concludes that none of the alternatives were feasible and that Intel should have …

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters Jan 2003

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Privacy To Be Patched In Later - An Examination Of The Decline Of Privacy Rights, 36 J. Marshall L. Rev. 985 (2003), Matthew Hector Jan 2003

Privacy To Be Patched In Later - An Examination Of The Decline Of Privacy Rights, 36 J. Marshall L. Rev. 985 (2003), Matthew Hector

UIC Law Review

No abstract provided.

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The Ninth Circuit’S Invasion Of The Tort Of Invasion Of Privacy, Harvey L. Zuckman Jan 2003

The Ninth Circuit’S Invasion Of The Tort Of Invasion Of Privacy, Harvey L. Zuckman

Scholarly Articles

The tort of invasion of privacy has had a short but tortuous development made even more tortuous by a number of recent rulings by the United States Court of Appeals for the Ninth Circuit. This common law tort does not begin with the normal judicial iterations that created and sculpted other torts. Rather, it began life as a law review article prompted by personal pique.

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Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn Jan 2003

Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn

Faculty Scholarship

This article considers how existing literature on privacy recognizes, constructs and otherwise implicates something the Anglo-American legal tradition recognizes as 'identity'. Integral to this concern is approaching privacy as a regulative principle for constructing and managing relations between the individual and three primary spheres of engagement: society, the market, and the state. Contemporary analyses of privacy tend to concentrate of how privacy protects the individual from state tyranny or the prying eyes of social busy bodies. Much less attention has been paid, however, to privacy as a principle for demarcating a space beyond the reach of market forces. As privacy …

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Privacy Property, Information Costs, And The Anticommons, Edward J. Janger Jan 2003

Privacy Property, Information Costs, And The Anticommons, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Did Privacy Cause Identity Theft?, Lynn M. Lopucki Jan 2003

Did Privacy Cause Identity Theft?, Lynn M. Lopucki

UF Law Faculty Publications

This essay argues that the decline of public identities over the past three decades, combined with increasing secrecy in the process of identification, is the root cause of the burgeoning problem of identity theft. Identity theft is easy because impersonation increasingly takes place in private transactions that are invisible to the victim. The essay compares two proposed solutions: Professor Daniel Soloves' architectural approach and the author's Public Identity System. Both would make the identification process transparent to the person identified, put imposters at risk by requiring personal appearances, and ban the use of social security numbers as passwords. But the …

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Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez Jan 2003

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

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Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin Jan 2003

Qui Détient Les Droits D'Auteur Sur Les Diverses Productions Des Professeurs D'Université?, René Pépin

Canadian Journal of Law and Technology

L’utilisation des nouvelles technologies de l’information et de la communication (NTIC) peut prendre un grand nombre de formes. On peut donner l’exemple, déjà appliqué à certains endroits, où le professeur, en plus de dispenser son enseignement dans un local de cours, place le contenu intégral de son cours sur un serveur de la faculté ou de l’université, avec un genre de babillard électronique dans lequel les étudiants peuvent lui poser des questions, lire ses réponses, ou discuter entre eux de différents sujets. Les étudiants peuvent aussi le contacter par téléphone ou par courriel. La technologie facilite également l’enregistrement des cours …

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The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor Jan 2003

The Internet Direct Public Offering: Establishing Trust In A Disintermediated Capital Market, Jason Trainor

Canadian Journal of Law and Technology

Whereas the process of financial intermediation was once human capital and relationship intensive, it is now heavily influenced by technological innovation and consumer demand, factors which have tended to disrupt the monopoly power of financial intermediaries. Technological innovation alone, however, is not sufficient to replace the institutions and actors that previously dominated the market for public offerings; rather, the concept of disintermediation by definition creates a vacuum that must be filled. Law firms and other intermediaries can create additional value for their clients by assuming some or all of the tasks currently apportioned to investment bankers in the public offering …

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Reducing Inconsistency In Udrp Cases, David Wotherspoon, Alex Cameron Jan 2003

Reducing Inconsistency In Udrp Cases, David Wotherspoon, Alex Cameron

Canadian Journal of Law and Technology

The UDRP has proven to be an effective means of resolving domain name disputes. There are, however, a number of shortcomings in the UDRP that affect its legitimacy and fairness. The most glaring of these lies in the failure to delineate the elements outlined in section 4(a) of the UDRP and in the application of Rule 15(a) of the Rules for Domain Name Dispute Resolution Policy (the ‘‘Rules’’).4 These shortcomings have resulted in inconsistency in the decisions of arbitral panels. As it stands, complainants are unable to ascertain the case they must meet in order to succeed and respondents are …

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Information Technology Transactions: Business, Management And Legal Strategies By Dunca Card (Toronto: Carswell, 2002), Michael E. Deturbide Jan 2003

Information Technology Transactions: Business, Management And Legal Strategies By Dunca Card (Toronto: Carswell, 2002), Michael E. Deturbide

Canadian Journal of Law and Technology

Although a number of Canadian books have appeared over the past few years addressing the legal issues that have arisen with the explosion in information technology, few have highlighted the practical implica- tions that these legal issues have in technology transac- tions. Duncan Card’s new book, Information Tech- nology Transactions: Business, Management and Legal Strategies, tackles these issues from a practical perspective that will be useful, as the title suggests, to both lawyers and management.

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Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian Jan 2003

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

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High Schools Must Give Access To Military Recruiters, Amanda Strainis-Walker Jan 2003

High Schools Must Give Access To Military Recruiters, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.

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Chicago Police Install Controversial Surveillance Cameras, Gavin Mhley Jan 2003

Chicago Police Install Controversial Surveillance Cameras, Gavin Mhley

Public Interest Law Reporter

No abstract provided.

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National Do-Not-Call Registry To Stay: Opt-In Feature May Be Its Saving Grace, Amanda Strainis-Walker Jan 2003

National Do-Not-Call Registry To Stay: Opt-In Feature May Be Its Saving Grace, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.

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California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner Jan 2003

California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner

Richmond Journal of Law & Technology

Attacks on poorly-secured information systems containing personal information are nearing epidemic proportion. Hardly a month passes without a news story regarding a security breach that exposed hundreds or thousands of data subjects’ personal information. As dependence on e-Commerce continues to expand, personal information stolen from poorly secured systems is becoming a multi-billion-dollar industry.

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Case Comment: Messenger V. Gruner + Jahr Printing And Publishing, Alina Raines Jan 2003

Case Comment: Messenger V. Gruner + Jahr Printing And Publishing, Alina Raines

NYLS Law Review

No abstract provided.

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Privacy Property, Information Costs And The Anticommons, Edward J. Janger Jan 2003

Privacy Property, Information Costs And The Anticommons, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green Jan 2003

Almost Famous: Reality Television Participants As Limited-Purpose Public Figures, Darby Green

Vanderbilt Journal of Entertainment & Technology Law

This Note begins with an overview of the basic facets of privacy law, focusing on the tort of the public disclosure of private facts and its interaction with the First Amendment. Next, this Note explores the differences in rules for public, private, and involuntary public figures. The law of defamation is offered as a model for privacy law to emulate, specifically, the limited-purpose public figure created under Gertz and its progeny. Then, the issue of whether one's status as a public figure may diminish over the passage of time is considered. This Note posits that limited-purpose public figures should exist …

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