Masthead,
2011
Embry-Riddle Aeronautical University
Back Matter,
2011
Embry-Riddle Aeronautical University
Front Matter,
2011
Embry-Riddle Aeronautical University
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail,
2011
DePaul University
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin
Mission and Ministry Publications
This article examines Ombuds Standards of Practice as Ombuds increasingly rely upon electronic communication. It first explores the expansion of electronically stored information (ESI) due to the many different electronic devices Ombuds rely upon or interact with including computers, smartphones, and printers. It then reviews how novel legal issues caused by e-discovery--the search for relevant digital documents in litigation--will impact Ombuds. Finally, it offers Ombuds suggestions on managing and controlling ESI while raising the question of whether the International Ombudsman Association must review its Standards of Practice in light of these ESI developments.
End User Liability For Sofware Developed With Trade Secrets,
2011
University of Washington School of Law
End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson
Washington Journal of Law, Technology & Arts
The National Conference of Commissioners on Uniform State Laws (NCCUSL) developed the Uniform Trade Secrets Act (UTSA) to unify the laws regulating the improper use of secret, economically advantageous information. However, consumers often procure software and other products without knowledge of any trade secrets used in the production of the products. Some companies have sought remedies against end users of products developed using trade secrets. But in Silvaco Data Systems v. Intel Corp., a California appeals court considering this issue in the software context held that execution of compiled object code, which is not easily interpreted by humans, is …
Discovery Of Breathalyzer Source Code In Dui Prosecutions,
2011
University of Washington School of Law
Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson
Washington Journal of Law, Technology & Arts
In driving under the influence (DUI) cases, prosecutors habitually rely on the results from breathalyzer tests as proof of the defendant’s blood alcohol level at the time of arrest. In response, DUI defendants often attempt to compel discovery of the source code contained in the test device, which can reveal whether the breath test at issue was performed accurately. Despite the popularity of this strategy, nearly all states to consider the issue have denied the defendant’s motion for discovery of breathalyzer source code. The majority of courts construe state and federal rules of criminal procedure to limit discovery orders to …
Masthead,
2011
Embry-Riddle Aeronautical University
Back Matter,
2011
Embry-Riddle Aeronautical University
Front Matter,
2011
Embry-Riddle Aeronautical University
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation -- A Presentation, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Def Con 19 Conference in Las Vegas, Nevada on August 7, 2011. The presentation discussed what the law has (or does not have) to say about evasion of geolocation or "cybertravel" -- acts by which a user makes geolocation tools believe that he is physically located somewhere other than where he is located.
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions,
2011
University of Washington School of Law
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark
Washington Journal of Law, Technology & Arts
In January 2010, the U.S. District Court for the District of Oregon decided U.S. v. Ahrndt, the first case regarding the reasonable expectation of privacy in a home wireless internet network. The court found that the defendant had no reasonable expectation of privacy in his unsecured home wireless network because he had openly shared information on a system freely accessible by his neighbors. This Article examines the Ahrndt case and the potential legal effect this issue may have on an individual’s expectation of privacy in his or her wireless network and personal computer files. This Article concludes that although …
Deception Absent Duty: Computer Hackers & Section 10(B) Liability,
2011
University of Miami Law School
Deception Absent Duty: Computer Hackers & Section 10(B) Liability, Brian A. Karol
University of Miami Business Law Review
No abstract provided.
Prevention Of Identity Theft: A Review Of The Literature,
2011
Portland State University
Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone
Criminology and Criminal Justice Senior Capstone Project
With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.
There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …
Masthead,
2011
Embry-Riddle Aeronautical University
Back Matter,
2011
Embry-Riddle Aeronautical University
Front Matter,
2011
Embry-Riddle Aeronautical University
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation,
2011
Faulkner University School of Law
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Federal Register 2.0: Public Participation In The Twenty-First Century,
2011
American University Washington College of Law
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Legislation and Policy Brief
On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register. As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status. Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …
Must The House Always Win?: A Critique Of Rousso V. State,
2011
Seattle University School of Law
Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer
Seattle University Law Review
Gambling enthusiasts in Washington may be dismayed to learn that while it is legal to place a wager at one of the numerous brick-and-mortar casinos located in the state, placing the same wager over the Internet is a crime. This result arises from a 2006 amendment to Washington Revised Code 9.46.240 (the Gambling Act), which effectively bans individuals from placing bets or wagers over the Internet from Washington. In addition to prohibiting bets made by individuals, the law also prohibits Internet gambling businesses from receiving bets placed by individuals in Washington—even if those gambling businesses operate far from the state’s …
Institutional Liability In The E-Health Era,
2011
Schulich School of Law, Dalhousie University
Institutional Liability In The E-Health Era, James Williams, Craig Kuziemsky
Canadian Journal of Law and Technology
This paper examines the jurisprudence on institutional liability for medical er- ror. We argue that the existing jurisprudence relies on assumptions that have been made obsolete by technological advances. In particular, we concentrate on the use of information and communication technologies (ICTs) in the health care domain. As we demonstrate, the use of these tools does not merely increase efficiency and support new health care functions; among other effects, ICT can have a profound influence on how health care practitioners make observations, exercise judgment and perform tasks. These tools influence human capabilities (at both the individual and systems level) in …
