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),
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),
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.
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011),
2011
UIC School of Law
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
UIC Law Review
No abstract provided.
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement,
2011
Northwestern Pritzker School of Law
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout
Northwestern Journal of International Law & Business
One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …
Open Robotics ,
2011
University of Maryland Francis King Carey School of Law
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance,
2011
Tel Aviv University
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Michigan Telecommunications & Technology Law Review
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …
Information Anxieties,
2011
University of Michigan Law School
Information Anxieties, G. S. Hans
Michigan Telecommunications & Technology Law Review
The constant access and instant publication that the Internet allows have given every pundit an online soapbox. This content explosion has created two related problems for consumers and industry: how to find valuable content online (whatever "valuable" means) and how to moderate the flow of the content itself. Tim Wu argues in The Master Switch that the second issue of content control and mediation has been fiercely debated in the United States as far back as the invention of the telephone in the late nineteenth century. Consumers, creators, companies, and government officials have disputed the appropriate regulations for the devices …
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy,
2011
The University of Tulsa College of Law
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Michigan Telecommunications & Technology Law Review
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Governments, Privatization, And Privatization: Icann And The Gac,
2011
Wayne State University
Governments, Privatization, And Privatization: Icann And The Gac, Jonathan Weinberg
Michigan Telecommunications & Technology Law Review
The Internet Corporation for Assigned Names and Numbers (ICANN) sets the rules for the Internet addressing systems that make it possible for users to send email, view webpages, or otherwise connect to Internet resources. Its most visible function is to supervise the domain name system, which identifies Internet resources by "domain names" such as "wayne.edu" or "threecats.net." ICANN's control gives it authority over how domain names are structured and what they look like; it gives it regulatory and economic power over a substantial set of businesses involved with Internet addressing.[...] What kind of organization, then, is ICANN? It is in …
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011),
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.
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change,
2011
University of Maryland Francis King Carey School of Law
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change, Katherine J. Strandburg
Maryland Law Review
No abstract provided.
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries,
2011
University of Maryland Francis King Carey School of Law
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries, Nathaniel J. Gleicher
Maryland Law Review
No abstract provided.
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011),
2011
John Marshall Law School
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011),
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 …
Incendiary Speech And Social Media,
2011
University of Missouri School of Law
Incendiary Speech And Social Media, Lyrissa Lidsky
Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Cyber Operations And The Jud Ad Bellum Revisited,
2011
Villanova University Charles Widger School of Law
Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt
Villanova Law Review (1956 - )
The article discusses the international law's governance of cyber operations as of July 2011, focusing on the application of Article 2(4) of the United Nations (UN) Charter and customary international law to cyber operations, as well as the UN Security Council's potential role as an enforcement agency in regards to computer network security threats. The U.S. Cyber Command (USCYBERCOM) is also mentioned.
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),
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),
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 …
Trademarks, Identity, And Justice, 11 J. Marshall Rev. Intell. Prop. L. 133 (2011),
2011
UIC School of Law
Trademarks, Identity, And Justice, 11 J. Marshall Rev. Intell. Prop. L. 133 (2011), Rita Heimes
UIC Review of Intellectual Property Law
Intellectual property scholars have written extensively against expanding the scope of intellectual property laws, using social justice and distributive justice principles to support their arguments. A typical argument attacks broad adoption and enforcement of copyright laws that prevent access to information and therefore knowledge, or broad patent protection that reduces access to medicines and other important technologies. In recent years, a few scholars have begun to suggest that certain areas of intellectual property law—primarily copyright—may play a positive role in social justice. These arguments are founded on views of social and distributive justice that consider personal empowerment and freedom to …
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, 11 J. Marshall Rev. Intell. Prop. L. 240 (2011),
2011
UIC School of Law
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, 11 J. Marshall Rev. Intell. Prop. L. 240 (2011), Warren B. Chik
UIC Review of Intellectual Property Law
This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …
