Internet Law Commons^™

Legal Problems In Data Management: It & Privacy At The Forefront: Opening Remarks, 31 J. Marshall J. Info. Tech. & Privacy L. 521 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters

UIC John Marshall Journal of Information Technology & Privacy Law

Numerous states have adopted laws mandating the protection and disposal of personal information. Under those laws, businesses are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Although the definition of “personal information” varies from state to state, “personal information” is generally defined as an individual’s first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or …

Legal Problems In Data Management: It & Privacy At The Forefront: Dual-Use Devices In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 527 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Developments In Cybersecurity Law And Best Practices, 31 J. Marshall J. Info. Tech. & Privacy L. 587 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Drafting And Implementing Effective Social Media Policies In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 549 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: “Big Data”: Ownership, Copyright, And Protection, 31 J. Marshall J. Info. Tech. & Privacy L. 565 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Ethics Of Big Data Analytics And The Importance Of Disclosure, 31 J. Marshall J. Info. Tech. & Privacy L. 641 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Global Approach To Data Privacy: Safe Harbor, 31 J. Marshall J. Info. Tech. & Privacy L. 633 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: The Impact Of International Data Restriction Laws On U.S. Companies, 31 J. Marshall J. Info. Tech. & Privacy L. 609 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

‘The Greatest Wealth Is Health’: Patient Protected Health Information In The Hands Of Hackers, 31 J. Marshall J. Info. Tech. & Privacy L. 657 (2015), Samantha Singer

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will analyze the specific requirements and stages that EPs/EHs must comply with in order to receive its Medicare and Medicaid incentives, how EHR technologies are being implemented, how EHR technologies are affecting patients' privacy with regard to hacking a patient‟s PHI, and what EHR technology vendors and EPs/EHs should be doing to improve patient privacy and security to prevent hacking and other breaches.

Part I of this comment will address hacking of PHI. Part II will analyze the security measures that EHR vendors must currently incorporate into EHR technology and how the lack of required security measures impacts …

Japanese And American Privacy Laws, Comparative Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015), Jane Kim

UIC John Marshall Journal of Information Technology & Privacy Law

To understand the laws of a foreign nation, one must first under-stand that nation’s culture. Its people and their customs will provide in-sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In-surance Portability and Accountability Act (“HIPAA”) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In-formation (“APPI”) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not …

Industry Self-Regulation Of Consumer Data Privacy And Security, 32 J. Marshall J. Info. Tech. & Privacy L. 15 (2015), Siona Listokin

UIC John Marshall Journal of Information Technology & Privacy Law

Industry self-regulation of consumer data privacy and security has been proposed as a flexible alternative and compliment to traditional government regulation. This study analyzes whether different types of existing industry-led standards improve online privacy and security. This paper examines which types of firms join voluntary standards and whether there is a difference in outcomes between trade association memberships (like the Digital Advertising Alliance) and certification programs (like TRUSTe). Results suggest that more trafficked websites are more likely to adopt standards, and that trade association member-ship does not have an effect on privacy and security performance. This article highlights the need …

The Truth Behind Data Collection And Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 33 (2015), Morgan Hochheiser

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai

UIC Review of Intellectual Property Law

Over time, it has become easier for consumers to steal music. Some technologies, like ReDigi, have been specifically designed to allow copyright infringement by giving consumers the ability to sell digitally purchased music files. While copyright laws have been updated to deal with changing technologies, the laws have not been sufficient to keep up. This comment highlights the failings of modern copyright law and questions whether patent laws are a viable way to ensure that technologies that induce copyright infringement do not find marketplace success.

Domain Name Allocation And Government Super-Prioritization, Heather A. Forrest

Vanderbilt Journal of Entertainment & Technology Law

Governments' growing awareness of the Domain Name System (DNS), the Internet Corporation for Assigned Names and Numbers (ICANN), and its stewardship of DNS policy development fuel recent attempts to steer Internet domain name allocation toward policies that prioritize government interests ahead of all other rights and interests, including trademark rights. As the DNS expands, the top level in its hierarchical structure (the level of domains such as ".com" and ".uk") assumes the characteristics and attributes, and therefore also the conflicts and challenges, of its second level (the level of public-registered names). This Article argues that these developments necessitate a new, …

Who Is Reading Whom Now: Privacy In Education From Books To Moocs, Jules Polonetsky, Omer Tene

Vanderbilt Journal of Entertainment & Technology Law

This Article is the most comprehensive study to date of the policy issues and privacy concerns arising from the surge of ed tech innovation. It surveys the burgeoning market of ed tech solutions, which range from free Android and iPhone apps to comprehensive learning management systems and digitized curricula delivered via the Internet. It discusses the deployment of big data analytics by education institutions to enhance student performance, evaluate teachers, improve education techniques, customize programs, and better leverage scarce resources to optimize education results.

This Article seeks to untangle ed tech privacy concerns from the broader policy debates surrounding standardization, …

Initial Interest Confusion "Internet Troika" Abandoned? A Critical Look At Initial Interest Confusion As Applied Online, Connie D. Nichols

Vanderbilt Journal of Entertainment & Technology Law

The Ninth Circuit's opinion in Brookfield Communications, Inc. v. West Coast Entertainment Corp. seemingly created a standard to be applied in trademark infringement cases on the Internet. Despite the cautions contained within the Ninth Circuit's holding, Brookfield ushered in an era in which many courts placed emphasis on three factors of the "likelihood of confusion" test finding initial interest confusion in many online infringement cases based solely on these three factors. For over a decade, inconsistent application within the Ninth Circuit and other jurisdictions created a disjointed body of case law on initial interest confusion online. The Ninth Circuit's opinion …

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Vanderbilt Journal of Entertainment & Technology Law

When does work become play and play become work? Court shave considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here, this question is applied to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play fantasy massively multiplayer online games (MMOs) that reward them with virtual items that their employers sell for profit to the same games' casual players. Gold farming is clearly a …

Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney

Criminal Law Practitioner

No abstract provided.

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.