Privacy Law Commons^™

Solving Legal Issues In Electronic Government: Authority And Authentication, John D. Gregory

Canadian Journal of Law and Technology

This article is an overview of some of the legal themes and issues faced by governments in the electronic age, with particular regard to their own operations: electronic service delivery and the administration of government itself.

Electronic government is the performance of any function of government using electronic records and electronic communications. It may involve, in the language of the Uniform Electronic Commerce Act, ‘‘us[ing] electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information.’’ The term thus covers the provision of governmental services to the public, including commu- nication from the public …

Le Droit De Faire Jouer La Radio En Public, Ou La Petite Histoire D'Une Drôle D'Exemption, René Pépin

Canadian Journal of Law and Technology

L’article 69 de la loi canadienne sur le droit d’auteur prévoit qu’aucun montant n’est exigible d’une personne qui utilise en public un appareil radio, pourvu que ce soit fait dans un endroit, tel un commerce ou un restaurant, où le public est invité à se rendre sans qu’il lui soit chargé un prix d’entrée. Plusieurs pays ont une disposition semblable dans leur législation en matière de droit d’auteur. Cela évite que les détenteurs de droits d’auteur sur des pièces musicales, ou les compagnies de disques, prétendent que le propriétaire de l’appareil radio se trouve à «représenter publiquement» ou à «exécuter …

Litoral: A New Form Of Defamation Consciousness, Kim Von Arx

Canadian Journal of Law and Technology

With the Internet, quickly becoming ubiquitous, the question arises: how does the Internet, and more specifi- cally computer-mediated-communication (CMC), affect people’s lives?

This paper will explore CMC in the Western world as an instance of Walter J. Ong’s notion of secondary orality. It will seek to determine whether the proposed shift in communicative and social consciousness elimi- nates the need for the common law distinction between libel and slander in the online communication environ- ment. The paper is divided into three parts. In the first section, the elements of primary orality and the shift of consciousness from a primary oral …

Don't Shoot The Messenger! A Discussion Of Isp Liability, Andrew Bernstein, Rima Ramchandani

Canadian Journal of Law and Technology

In today’s world of rampant networked communica- tion, the Internet Service Provider (‘‘ISP’’) finds itself in a uniquely vulnerable position. As the conduit through which content is disseminated to a numerically and geo- graphically vast audience, the obvious legal risk to ISPs is that those who provide content will do so in a way that attracts legal liability. Like many communications prov- iders (such as publishers or broadcasters), the ISP may have to assume some responsibility for simply providing the means of transmitting content. In some cases, the ISP is more actively involved in the transmission or is know- ingly …

Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …

Accounting For The Slow Growth Of American Privacy Law, Rodney A. Smolla

Scholarly Articles

Not available.

Big Media: Its Effect On The Marketplace Of Ideas And How To Slow The Urge To Merge, 20 J. Marshall J. Computer & Info. L. 247 (2002), Donald R. Simon

UIC John Marshall Journal of Information Technology & Privacy Law

"The free flow of information is the life-blood of democracy." Americans are experiencing many media corporate mergers in recent years, and one is likely to ponder whether the idea of "marketplace of ideas" still holds true. In this article, the author discusses how economically driven censorship of journalism is blinding the public by market concentration and cross-ownership of media corporations. The fears of the Founding Fathers still lurk in the background as James Madison wrote: "a popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." …

An "Opposition" To The Recently-Proposed Legislation Related To Business Model Patents, 20 J. Marshall J. Computer & Info. L. 397 (2002), Gregory J. Maier, Thomas J. Fisher, Philippe J. C. Signore

UIC John Marshall Journal of Information Technology & Privacy Law

The authors in this article review the history of the business method exception before and after the State Street Bank case. In that case, the Court of Appeals for the Federal Circuit decided that there was no business method exception, and never had been. The court pointed out that previous decisions were decided on other grounds found in the statutes. The authors argue that, because of the timing and economic environment of the decision, the case gained much popularity and discussion. However, the patent law has not changed since then and the business method exception is still not a patentable …

Windows Xp: Another Court Battle For Microsoft?, 20 J. Marshall J. Computer & Info. L. 193 (2002), Sara Stocky, Reuven R. Levary

UIC John Marshall Journal of Information Technology & Privacy Law

Microsoft Windows XP's possible antitrust violations are addressed in relation to the U.S. v. Microsoft court of appeals decision. The aftermath and settlement of the Microsoft case are described. The implications of this case on the Microsoft Windows XP are discussed. Windows XP operating system is analyzed within the antitrust framework. Finally, current events that may affect a Windows XP antitrust case are discussed.

Chemical Claims Drafting After Lubrizol, 20 J. Marshall J. Computer & Info. L. 207 (2002), Caroline Frances Barry

UIC John Marshall Journal of Information Technology & Privacy Law

In Exxon Chemical Patents, Inc. v. Lubrizol Corp. and its companion decision, the US Court of Appeals for the Federal Circuit held that a chemical composition claimed in an ingredient-based form is not infringed when there is interaction between the ingredients after they have been combined so as to later either their quantity or their chemical form. This article discusses the impact of the decisions on chemical drafting of chemical inventions. The author argues that the decisions were wrongly decided. Furthermore, the author proposes an amendment to the Patent Act to allow ingredient-based claiming to continue to be used and …

The “Magic Lantern” Revealed: A Report Of The Fbi’S New “Key Logging” Trojan And Analysis Of Its Possible Treatment In A Dynamic Legal Landscape, 20 J. Marshall J. Computer & Info. L. 287 (2002), Neal Hartzog

UIC John Marshall Journal of Information Technology & Privacy Law

"You already have zero privacy anyway. Get over it." With the FBI's new stealth surveillance tool, the "Magic Lantern," this quote is an understatement. This article takes reader through a revealing journey of how the FBI, under the authority of the USA Patriot Act, conducts surveillance by using the most advanced technology such as the "Magic Lantern" and "Carnivore." The author first explains how these invisible keystroke logging software/worm/Trojan horse functions in acquiring the information for the FBI constantly and consistently over the Internet. Undoubtedly, the extend of individual's privacy invasion would be pervasive. Hence, the author discusses the constitutionality …

Face Recognition Technology: The Potential Orwellian Implications And Constitutionality Of Current Uses Under The Fourth Amendment, 20 J. Marshall J. Computer & Info. L. 321 (2002), Robert H. Thornburg

UIC John Marshall Journal of Information Technology & Privacy Law

Did you smile at the 2001 Super Bowl at Tampa's Raymond James Stadium? Hope you did because the facial recognition cameras certainly got your smile, applause, disappointment and kisses in that great American sports night. If you missed your 15-second of fame, try it again at the Salt Lake City Winter Olympics. With the use of facial recognition technology at the 2001 Super Bowl and Salt Lake City Winter Olympics, the author seeks to explore the use of this facial recognition technology. He further discusses the constitutionality of it under the Fourth Amendment. In doing so, he analyzes how facial …

Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv

UIC John Marshall Journal of Information Technology & Privacy Law

By analyzing two high-profile cybercrime cases, the authors discuss legal and procedural issues involved when gathering evidence across national borders. In US v. Gorshkov, the FBI was asked to investigate a series of intrusions into the computer systems of businesses in the US from Russia. The second incident is when system administrators at the Rom Air Development Center at Griffis Air Force Base in New York discovered hackers had installed password sniffer programs on all system networks. One of the hackers was identified to be a British citizen. The first thing to start a transnational evidence gathering is to determine …

E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An

UIC John Marshall Journal of Information Technology & Privacy Law

In a comparative study of the DSL service developments between the US and South Korea, the author discusses the strength of South Korea in this regard and how the US counterpart can learn from the examples. First, the author argues the laws and regulations in South Korea make the DSL deployment flourish. The urban development in Seoul, for example, gets people "wired" easier and cheaper as city dwellers live in multi-dwelling units. In addition, the forward thinking of the South Korean government in laying the Korean Information Infrastructure culminates this rapid development. With a comprehensive plan in place, the economics …

In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

Using the online gambling and gaming as the background, the author discusses the impact of the Wire Communications Act of 1961 and the Racketeer Influenced and Corrupt Organizations Act (RICO) on the gaming industry. The story goes like this: Bob stumbled upon an online gambling Web site. While excited, he charges his credit card to open a gambling account with the site. He did not need to leave home to enjoy this great adventure. However, when the luck runs out, Bob realizes he has $3,000 in debt. Unwilling to pay, Bob decides to sue someone. In the end, Bob decides …

O' Big Brother Where Art Thou?: The Constitutional Use Of Facial-Recognition Technology, 20 J. Marshall J. Computer & Info. L. 471 (2002), Susan Mccoy

UIC John Marshall Journal of Information Technology & Privacy Law

How to balance the protection of personal privacy and security in light of the use of facial recognition technology? The author argues that the use of facial recognition technology does not violate individual's Fourth Amendment rights to privacy. First, there is no reasonable expectation of privacy in public places. Second, the database used only contains the identities of known criminal and terrorists. Third, facial recognition technology only facilitates existing methods of screening and comparing mug shots of known criminals on the street. With these arguments, the author proposes suggestions to legislations that cover facial recognition or other biometric technologies. In …

Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean

UIC John Marshall Journal of Information Technology & Privacy Law

Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …

Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui

UIC John Marshall Journal of Information Technology & Privacy Law

On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …

The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell

UIC John Marshall Journal of Information Technology & Privacy Law

In this review of the Titles I and II of the Digital Millennium Copyright Act, the author first discusses recent case laws affecting the Act. Then, he analyzes sections of the Act, such as the anti-circumvention provisions, constitutionality of the Act, the ISP safe harbor provision, etc. Within each sectional reviews, the author discusses case laws that exemplify courts' interpretation of the Act. In the end, the author discusses the future of the Act. First, he argues that the Act would be challenged under constitutional grounds. The Framers of the Constitution never intended to grant a perpetual monopoly for copyright …

Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr

UIC John Marshall Journal of Information Technology & Privacy Law

Using an airing of the Victoria Secret fashion show as an example, the author explores the definition of "indecency" in media. She first discusses the how FCC treats indecency in traditional media (radio, broadcast TV and cable). Then, she addresses numerous failed attempts of applying indecency on the Internet. Consequently, she compares and contrasts the different media. Lastly, she suggests a solution in this regard that would likely pass constitutional muster. The FCC can impose fines or prison sentences on radio and broadcasting licensees for "uttering any obscene, indecent or profane language by means of radio communications." As for cable …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

From Subway Stations To The Information Superhighway: Compliance Strategies For Musicians To Avoid The Worldwide Entanglement Of Privacy Laws, Yvenne M. King

Vanderbilt Journal of Entertainment & Technology Law

In light of the fact that operating a website raises many complex legal issues covering numerous areas of law, this Article focuses on one area that musicians, as website owners, should address: their potential liability for third-party claims based upon violation of consumer privacy laws. This Article first discusses the importance for musician website operators of protecting consumers' privacy rights. Second, it addresses the need to establish a "global privacy compliance plan" to limit musicians' legal liabilities. Finally, it explains how musicians can go about creating such a plan by developing "minimum guidelines" and "privacy practices." ... For purposes of …

Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield

All Faculty Publications

For over 150 years, there has been a history of tension and conflict between the police and minority communities in the United States. In principle, the police exist to enforce the law and protect all citizens regardless of race or ethnic background, yet police departments across the country have been repeatedly accused of targeting and harassing racial minorities, and of failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in widespread calls for major legal …

Introduction: Keeping Secrets, Dale Carpenter

Faculty Journal Articles and Book Chapters

It has become a commonplace to say that September 11 changed everything. What the writer or speaker usually means by this is that Americans have re-calibrated their views on the relative importance of individual civil liberties and the common good. Like many other national traumas, September 11 may in historical hindsight be seen as a jolt that perhaps necessarily-but at any rate, temporarily-induced a retrenchment on rights.

But if the September-11-changed-everything idea overstates the significance of the event, it also understates the extent to which, at least in the area of privacy, some re-calibration of the balance between liberty and …

An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson

Faculty Publications

On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …

When Cows Have Wings: An Analysis Of The Oecd's Tax Haven Work As It Relates To Globalization, Sovereignty And Privacy, 35 J. Marshall L. Rev. 163 (2002), Kimberly Carlson

UIC Law Review

No abstract provided.