Computer Law Commons^™

The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray

UIC Review of Intellectual Property Law

The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …

How The Internet Has Removed The Historical Rationale For "Non-Analogous Arts", 13 J. Marshall Rev. Intell. Prop. L. 68 (2013), Hal Milton

UIC Review of Intellectual Property Law

The growth of the Internet has affected countless aspects of daily life, including the patent system. Internet-based legal research has grown considerably, given the convenience of general search agents such as Google, legally-focused search agents such as Westlaw and Lexis, and patent-focused search agents such as the PAIR system of the United States Patent and Trademark Office. These legal research tools have not only made it easier to find prior art, they have also expanded the volume of information that is available to one of ordinary skill in the art. Consequently, the traditional rules of so-called “analogous arts” are changing. …

Copyright Trolls, Defining The Line Between Legal Ransom Letters And Defending Digital Rights: Turning Piracy Into A Business Model Or Protecting Creative From Internet Lawlessness?, 13 J. Marshall Rev. Intell. Prop. L. 170 (2013), Luke S. Curran

UIC Review of Intellectual Property Law

The scarlet letter of the term “troll” has long been affixed to the lapel of businesses within the patent context. This pejorative term, however, has had little relevance or widespread public recognition within the domain of copyright law until 2010. Since the awakening of the “copyright troll,” several non-author rights holders have recently adopted and propagated a substantially modified version of this sue-to-settle paradigm within the context of copyright law while introducing it to the scale of mass-litigation. Further, the amorphous term “copyright troll” traditionally characterizes a business practice of acquiring unenforced copyrights that are being infringed upon through various …

The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford

UIC Law Open Access Faculty Scholarship

"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for "deep tensions" between science and law. The reasons offered by Haack may be less of a concern where the dispute involves litigation against the government on significant questions of public policy. Recent decisions assessing the constitutionality of laws restricting minors' access to violent video games therefore offer an opportunity to examine how well the courts handled scientific evidence in a situation lacking some of the …

Navigating Through The Fog Of Cloud Computing Contracts, 30 J. Marshall J. Info. Tech. & Privacy L.13 (2013), T. Noble Foster

UIC John Marshall Journal of Information Technology & Privacy Law

This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …

My Iphone Is My Castle: One Aspect Of Protecting Privacy In A Digital Age, 30 J. Marshall J. Info. Tech. & Privacy L. 1 (2013), Joan Catherine Bohl

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Why Arthur Goldberg Cared So Much About Privacy, 30 J. Marshall J. Info. Tech. & Privacy L. 67 (2013), David Stebenne

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Crisis On Impact: Responding To Cyber Attacks On Critical Information Infrastructures, 30 J. Marshall J. Info. Tech. & Privacy L. 31 (2013), Eugenia Georgiades, William Caelli, Sharon Christensen, W.D. Duncan

UIC John Marshall Journal of Information Technology & Privacy Law

In the developing digital economy, the notion of traditional attack on enterprises of national significance or interest has transcended into different modes of electronic attack, surpassing accepted traditional forms of physical attack upon a target. The terrorist attacks that took place in the United States on September 11, 2001 demonstrated the physical devastation that could occur if any nation were the target of a large-scale terrorist attack. Therefore, there is a need to protect critical national infrastructure and critical information infrastructure. In particular, this protection is crucial for the proper functioning of a modern society and for a government to …

Prism And The European Union’S Data Protection Directive, 30 J. Marshall J. Info. Tech. & Privacy L. 227 (2013), Liane Colonna

UIC John Marshall Journal of Information Technology & Privacy Law

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How Far Can The Government’S Hand Reach Inside Your Personal Inbox?: Problems With The Sca, 30 J. Marshall J. Info. Tech. & Privacy L.75 (2013), Dana T. Benedetti

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Lemons Problem In Crowdfunding, 30 J. Marshall J. Info. Tech. & Privacy L. 253 (2013), Gmeleen Faye Tomboc

UIC John Marshall Journal of Information Technology & Privacy Law

Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital.

This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to …

Sometimes I Feel Like Somebody’S Watching Me . . . Read?: A Comment On The Need For Heightened Privacy Rights For Consumers Of Ebooks, 30 J. Marshall J. Info. Tech. & Privacy L. 281 (2013), Meredith Mays Espino

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 30 J. Marshall J. Computer & Info. L. 339 (2013), Dana Benedetti, Daniel Johnson, Kalli Kling, Samantha Levin, Zayna Nubani, Pamela Szelung

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 30 J. Marshall J. Computer & Info. L. 373 (2013), Eliana Albelbaisi, Robert Koehl, Todd Smith

UIC John Marshall Journal of Information Technology & Privacy Law

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My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins

UIC John Marshall Journal of Information Technology & Privacy Law

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Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …

The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 30 J. Marshall J. Computer & Info. L. 403 (2013), Samuel Bragg, Leslie Brockhoeft, Matthew Vinson

UIC John Marshall Journal of Information Technology & Privacy Law

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Antitrust, The Internet, And The Economics Of Networks, Christopher S. Yoo, Daniel F. Spulber

All Faculty Scholarship

Network industries, including the Internet, have shown significant growth, substantial competition, and rapid innovation. This Chapter examines antitrust policy towards network industries. The discussion considers the policy implications of various concepts in the economics of networks: natural monopoly, network economic effects, vertical exclusion, and dynamic efficiency. Our analysis finds that antitrust policy makers should not presume that network industries are more subject to monopolization than other industries. We find that deregulation and the strength of competition in network industries have removed justifications for structural separation as a remedy. Also, we argue that that deregulation and competition have effectively eliminated support …

Giving Purpose To Your Life As A Legal Writer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.