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Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman 2011 UIC School of Law

Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman

UIC Review of Intellectual Property Law

Behavioral targeting (“BT”) is an advertising technique that receives a great deal of attention due in part to the balkanized self-regulatory policies that address consumer protection issues. The majority of the self-regulation policies, including the BT principles proposed by the Federal Trade Commission (“FTC”) focus on privacy issues but fail to discuss the impact BT may have on the right to control the commercial use of one’s identity. In discussing the right of publicity, many legal scholars agree that everyone has a right to control the commercial use of his or her identity, regardless of his or her status as …


School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes 2011 UIC School of Law

School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes

UIC Law Review

No abstract provided.


The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis 2011 UIC School of Law

The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis

UIC Law Review

No abstract provided.


Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen 2011 UIC School of Law

Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen

UIC Law Review

No abstract provided.


Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne McCafferty 2011 Cleveland State University

Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty

Global Business Law Review

In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach, this article explores …


Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson 2011 University of Louisville

Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson

Cleveland State Law Review

We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …


An Overview Of Small Scale Digital Forensics, Susan Fowler 2011 Eastern Michigan University

An Overview Of Small Scale Digital Forensics, Susan Fowler

Senior Honors Theses and Projects

No abstract provided.


Kindle Forensics: Acquisition & Analysis, Peter Hannay 2011 School of Computer and Security Science

Kindle Forensics: Acquisition & Analysis, Peter Hannay

Journal of Digital Forensics, Security and Law

The Amazon Kindle eBook reader supports a wide range of capabilities beyond reading books. This functionality includes an inbuilt cellular data connection known as Whispernet. The Kindle provides web browsing, an application framework, eBook delivery and other services over this connection. The historic data left by user interaction with this device may be of forensic interest. Analysis of the Amazon Kindle device has resulted in a method to reliably extract and interpret data from these devices in a forensically complete manner.


Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly 2011 CDFS Board Chair

Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly

Journal of Digital Forensics, Security and Law

Digital forensic practitioners are faced with an extraordinary opportunity. In fact, we may never again be faced with such an opportunity, and this opportunity will challenge us in ways we may never again be challenged. At this point in the history of the Digital Forensics profession, digital forensic specialists have the unique opportunity to help this profession emerge from its infancy. But for this profession to mature -- and to flourish -- individuals and organizations integral to the practice must assemble and shape its future. This is our opportunity. In fact, this is our mandate.


Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler 2011 Gary Kessler Associates

Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the …


Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday 2011 Banday University of Kashmir India

Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday

Journal of Digital Forensics, Security and Law

Electronic Mail (E-Mail), which is one of the most widely used applications of Internet, has become a global communication infrastructure service. However, security loopholes in it enable cybercriminals to misuse it by forging its headers or by sending it anonymously for illegitimate purposes, leading to e-mail forgeries. E-mail messages include transit handling envelope and trace information in the form of structured fields which are not stripped after messages are delivered, leaving a detailed record of e-mail transactions. A detailed header analysis can be used to map the networks traversed by messages, including information on the messaging software and patching policies …


Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett 2011 UIC School of Law

Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett

UIC Law Review

No abstract provided.


Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011), Doris E. Long 2011 John Marshall Law School

Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011), Doris E. Long

UIC Law Open Access Faculty Scholarship

Trademarks have long suffered from an "ugly stepsister" status in the realm of intellectual property. Quasi-market regulation tool, quasi-investment property; trademark's historical role as both consumer-information signifier and producer-investment asset has led to increasingly confusing dichotomous treatment under the Lanham Act. The potentially borderless markets of cyberspace, with their new marketing techniques and new competitive spaces, have only heightened this confusion. Stumbling attempts to extend protection for marks under the Lanham Act beyond traditional notions of trademark use and consumer confusion to encompass the investment protection side of trademarks, such as the development of federal dilution and anti-cybersquatting acts, only …


With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko 2011 University of Richmond

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Richmond Public Interest Law Review

This comment will examine Virginia's statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly ses- sion. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the impor- tance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the oth- er two bills not only because …


Fifteen Years Of Fame: The Declining Relevance Of Domain Names In The Enduring Conflict Between Trademark And Free Speech Rights, 11 J. Marshall Rev. Intell. Prop. L. 1 (2011), Jude A. Thomas 2011 UIC School of Law

Fifteen Years Of Fame: The Declining Relevance Of Domain Names In The Enduring Conflict Between Trademark And Free Speech Rights, 11 J. Marshall Rev. Intell. Prop. L. 1 (2011), Jude A. Thomas

UIC Review of Intellectual Property Law

Domain name disputes have been the subject of substantial litigation, legislative action, and scholarly debate over the course of the past fifteen years. Much of the debate is the product of disagreement concerning whether trademark rights naturally extend into the domain name space and to what extent those rights are limited by principles of free speech. Gripe sites are paradigmatic examples of this debate. Society’s investment in defining these rights continues to grow, even as the relevance of domain names may be declining, due to: (1) changes in the way users locate content on the Internet; (2) the growth of …


Rights Versus Commerce: Balancing Online Trademark Policing With The Emerging Marketplace, 11 J. Marshall Rev. Intell. Prop. L. 217 (2011), Jessica L. Hilliard 2011 UIC School of Law

Rights Versus Commerce: Balancing Online Trademark Policing With The Emerging Marketplace, 11 J. Marshall Rev. Intell. Prop. L. 217 (2011), Jessica L. Hilliard

UIC Review of Intellectual Property Law

In 2008, jeweler Tiffany & Co. (“Tiffany”) commenced an action against eBay after discovering that a significant amount of counterfeit Tiffany jewelry was being sold on the online auction house. Tiffany had previously used eBay’s Verified Rights Owner program to report the infringement and pursued enforcement actions against individual sellers. Nevertheless, Tiffany sued eBay for various causes of action, including contributory trademark infringement. The Second Circuit held that online service providers like eBay are not liable for contributory trademark infringement unless they have specific knowledge of particular instances of infringement. Due to the ruling, Tiffany bears the burden for policing …


Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process, John Prudhomme 2011 Southern Methodist University

Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process, John Prudhomme

SMU Science and Technology Law Review

No abstract provided.


Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford 2011 Southern Methodist University

Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford

SMU Science and Technology Law Review

No abstract provided.


Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka 2011 Southern Methodist University

Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka

SMU Science and Technology Law Review

No abstract provided.


The Effect Of Court Rulings On Business Development, Christopher Ferguson, Holt Foster, Sean F. Kane, Shane McGee 2011 Southern Methodist University

The Effect Of Court Rulings On Business Development, Christopher Ferguson, Holt Foster, Sean F. Kane, Shane Mcgee

SMU Science and Technology Law Review

No abstract provided.


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