Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013),
2013
UIC School of Law
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg
UIC Law Review
No abstract provided.
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation,
2013
University of Maryland Francis King Carey School of Law
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Journal of Business & Technology Law
No abstract provided.
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013),
2013
John Marshall Law School
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 …
Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013),
2013
UIC School of Law
Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte
UIC Review of Intellectual Property Law
Technology provides consumers with new ways to avoid advertisements, such as fast forwarding through TV commercials and using filtering software to block pop-up ads. Accordingly brand sponsors and their advertising marketing firms have sought alternative methods to pierce through consumer resistance to ads. Social media offers an optimal platform to reach millions of consumers on a nearly daily basis who interact and often rely heavily on the reviews and rankings of fellow consumers. However, many of today’s branding campaigns now mask sponsored ads as ordinary consumer reviews or “Like” and “Don’t Like” responses to a service or product. Unbeknownst to …
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),
2013
UIC School of Law
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),
2013
UIC School of Law
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 …
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws,
2013
Elisabeth Haub School of Law at Pace University
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …
Information Privacy And Data Control
In Cloud Computing: Consumers,
Privacy Preferences, And
Market Efficiency,
2013
Washington and Lee University School of Law
Information Privacy And Data Control In Cloud Computing: Consumers, Privacy Preferences, And Market Efficiency, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir
Washington and Lee Law Review
So many of our daily activities now take place “in the cloud,” where we use our devices to tap into massive networks that span the globe. Virtually every time that we plug into a new service, the service requires us to click the seemingly ubiquitous box indicating that we have read and agreed to the provider’s terms of service (TOS) and privacy policy. If a user does not click on this box, he is denied access to the service, but agreeing to these terms without reading them can negatively impact the user’s legal rights. As part of this work, we …
The Internet And How The Government Has Impacted Its Usage Today,
2013
Bridgewater College
The Internet And How The Government Has Impacted Its Usage Today, Jonathan Hulse
Senior Seminars
No abstract provided.
Pass Parallel Privacy Standards Or Privacy Perishes,
2013
Penn State Law
Pass Parallel Privacy Standards Or Privacy Perishes, Anne T. Mckenna
Faculty Scholarship
No abstract provided.
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World,
2013
University of Richmond
When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman
Richmond Journal of Law & Technology
On a cool summer morning in upstate New York, a man sitting on his couch types in the coordinates to a warehouse in Virginia on his phone and presses “engage.” At that moment, the engine of a vehicle several miles away starts up, and the vehicle slowly backs out of the driveway. Without a driver or any occupants, the vehicle travels several hundred miles from the driveway in New York to the warehouse in Virginia. Meanwhile, the man who engaged the vehicle remains seated on his couch in upstate New York. The man has engaged an autonomous vehicle (AV), capable …
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense,
2013
University of Maryland Francis King Carey School of Law
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Journal of Business & Technology Law
No abstract provided.
Copyright And The Fall Line,
2013
Yeshiva University, Cardozo School of Law
Copyright And The Fall Line, David Nimmer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery,
2013
University of Oklahoma College of Law
What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson
Faculty Articles
This paper tells two stories. One concerns the investigation of a Delaware physician named Earl B. Bradley that resulted in a conviction and sentence of fourteen consecutive life terms for the sexual abuse of children. The other concerns the computer problems, both judicial and extra-judicial, of Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Though in a sense unrelated, they share lessons about the practicalities of computers and their search that are worth telling. As courts continue to struggle with how to cabin the searches of computers in order to minimize privacy intrusion …
Information Security Challenge Of Qr Codes,
2013
Murdoch University, Australia
Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee
Journal of Digital Forensics, Security and Law
The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …
Measuring Inconsistency Methods For Evidentiary Value,
2013
California Sciences Institute
Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen
Journal of Digital Forensics, Security and Law
Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct,1 and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than prejudicial (a >50% standard).2 In either case, it is necessary to provide a measurement of some sort in order to pass muster under challenges from the other side. And in most …
Technology Corner Visualising Forensic Data: Evidence (Part 1),
2013
State University of New York
Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle
Journal of Digital Forensics, Security and Law
Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …
How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications,
2013
Engineering Cost Group, NASA Marshall Space Flight Center
How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw
Journal of Digital Forensics, Security and Law
This research introduced two new scales for the identification and measurement of negative sentiment and insider risk in communications in order to examine the unexplored relationship between these two constructs. The inter-rater reliability and criterion validity of the Scale of Negativity in Texts (SNIT) and the Scale of Insider Risk in Digital Communications (SIRDC) were established with a random sample of email from the Enron archive and criterion measures from established insiders, disgruntled employees, suicidal, depressed, angry, anxious, and other sampled groups. In addition, the sensitivity of the scales to changes over time as the risk of digital attack increased …
Table Of Contents,
2013
Embry-Riddle Aeronautical University
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
