Computer Law Commons^™

Countering Islamic State Exploitation Of The Internet, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen

UIC Law Review

This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …

Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa

UIC Law Review

This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s first issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. It has been a big year for JDFSL as the journal continues to progress. We are continuing our indexing efforts for the journal and we are getting closer with some of the major databases.

Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively

UIC Law Review

No abstract provided.

Robotics And The Lessons Of Cyberlaw, Ryan Calo

Articles

Two decades of analysis have produced a rich set of insights as to how the law should apply to the Internet’s peculiar characteristics. But, in the meantime, technology has not stood still. The same public and private institutions that developed the Internet, from the armed forces to search engines, have initiated a significant shift toward developing robotics and artificial intelligence.

This Article is the first to examine what the introduction of a new, equally transformative technology means for cyberlaw and policy. Robotics has a different set of essential qualities than the Internet and accordingly will raise distinct legal issues. Robotics …

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

UIC Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …

The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester

UIC Review of Intellectual Property Law

The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. …

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …

On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow

SMU Science and Technology Law Review

No abstract provided.

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …

Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé

Articles, Book Chapters, & Popular Press

This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.

Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles

Richmond Journal of Law & Technology

The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.

Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma

Journal of Digital Forensics, Security and Law

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …

Gigabit Internet In Seattle, Sam Méndez

Technology Law and Public Policy Clinic

On December 13, 2012 then-Mayor Mike McGinn announced a partnership between the City of Seattle, the University of Washington, and a company called Gigabit Squared that was to bring ultra high speed Internet connections to twelve neighborhoods within Seattle.1 Called Gigabit Seattle, the plan promised a fiber-to-the-premises (FTTP) network to 50,000 city households and businesses, serving over 100,000 residents.2 The letter of intent between the city and Gigabit Squared stated the company would seek $25 million in capital with the network built and operational within 24 months that would provide connection speeds to customers of up to 1000 megabits per …

Crytographic Currencies From A Tech-Policy Perspective: Policy Issues And Technical Directions, Emily Mcreynolds, Adam Learner, Will Scott, Franziska Roesner, Tadayoshi Kohno

Tech Policy Lab

We study legal and policy issues surrounding crypto currencies, such as Bitcoin, and how those issues interact with technical design options. With an interdisciplinary team, we consider in depth a variety of issues surrounding law, policy, and crypto currencies—such as the physical location where a crypto currency’s value exists for jurisdictional and other purposes, the regulation of anonymous or pseudonymous currencies, and challenges as virtual currency protocols and laws evolve. We reflect on how different technical directions may interact with the relevant laws and policies, raising key issues for both policy experts and technologists.

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-First Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in the legal scholarship world. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. The articles in this fourth issue are no exception. Each of the following articles present exciting discussions on cutting-edge areas of …

Are Mobile Device Examinations Practiced Like 'Forensics'?, Gary Kessler

Publications

"Mobile device forensics is sometimes disparaged as not really being ‘forensics.’ This paper discusses the relationship between digital forensics and other forensic sciences, and the relationship of mobile device forensics to the broader field of digital forensics. It specifically addresses the question of whether mobile device forensics processes – and practices – rise to the level of suitable forensics quality."

The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick

American University Law Review

No abstract provided.

Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri

Scholarly Articles

When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.