Bulk Telephony Metadata Collection And The Fourth Amendment: The Case For Revisiting The Third-Party Disclosure Doctrine In The Digital Age, 31 J. Marshall J. Info. Tech. & Privacy L. 191 (2014),
2014
UIC School of Law
Bulk Telephony Metadata Collection And The Fourth Amendment: The Case For Revisiting The Third-Party Disclosure Doctrine In The Digital Age, 31 J. Marshall J. Info. Tech. & Privacy L. 191 (2014), Timothy Geverd
UIC John Marshall Journal of Information Technology & Privacy Law
This Article argues that federal courts should seize the opportunity presented by the Snowden leaks to reexamine the continued vitality of the current third-party disclosure doctrine in Fourth Amendment jurisprudence. Specifically, this Article argues that Smith v. Maryland simply cannot continue to act as the “North Star” for judges navigating the “Fourth Amendment waters” of the digital age, and that instead, Smith should apply more narrowly in the digital age. In so arguing, this Article advocates that courts apply a modified, twostep test to evaluating third-party disclosures rather than applying the traditional binary rubric that courts have drawn from Smith …
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014), Adam Florek, Anisha Mehta, Danielle Young, Michael Greene
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014), Amany Awad, Kelly O'Neill, Arlo Walsman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014),
2014
UIC School of Law
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014), Sara Schroeder, Austin Hoffman, Becky Fey
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014),
2014
UIC School of Law
Breach Notification Requirements Under The European Union Legal Framework: Convergence, Conflicts, And Complexity In Compliance, 31 J. Marshall J. Info. Tech. & Privacy L. 317 (2014), Samson Esayas
UIC John Marshall Journal of Information Technology & Privacy Law
The European Union (EU) legal landscape on data privacy and information security is undergoing significant changes. A prominent legislative development in recent years is the introduction of breach notification requirements within a number of regulatory instruments. In only the past two years, the Community legislator has adopted, and proposed, four different regulatory instruments containing breach notification requirements. There are also existing requirements for the telecom sector. This creates a complex mesh of regulatory frameworks for breach notification where different aspects of the same breach within the same company might have to be dealt with under different regulatory instruments, making compliance …
Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014),
2014
UIC School of Law
Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Cyber-Security Insurance: Navigating The Landscape Of A Growing Field, 31 J. Marshall J. Info. Tech. & Privacy L. 379 (2014),
2014
UIC School of Law
Cyber-Security Insurance: Navigating The Landscape Of A Growing Field, 31 J. Marshall J. Info. Tech. & Privacy L. 379 (2014), Daniel Garrie, Michael Mann
UIC John Marshall Journal of Information Technology & Privacy Law
In today‟s marketplace where businesses are constantly being threatened by data breaches and cyber-attacks, it is imperative that a global company obtain cyber-security insurance. The cyber-security insurance market is now the fastest growing segment of the insurance industry as cyber-threats are on the rise and business trade partners and consumers are insisting on safeguards for their confidential and sensitive information. Given how great the potential liability and damages resulting from a data breach can be companies cannot afford to be without cyber-security insurance. As this new form of insurance continues to emerge and develop, it is important for companies to …
Facebook Messenger: Eroding User Privacy In Order To Collect, Analyze, And Sell Your Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 393 (2014),
2014
UIC School of Law
Facebook Messenger: Eroding User Privacy In Order To Collect, Analyze, And Sell Your Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 393 (2014), Erica Jaeger
UIC John Marshall Journal of Information Technology & Privacy Law
This comment will examine Facebook‘s new standalone Facebook Messenger app, and review how the Privacy Policy, Data Use Policy, and the list of permissions violate Section 5 of the Federal Trade Commission Act. The comment will focus on Facebook Messenger‘s deceptive methods of accessing users‘ personal information and how Facebook uses that personal information. Section II will explain social networking sites and the configuration of Facebook, Facebook Messenger, and Facebook‘ s evolving policies. Section II will also discuss the Federal Trade Commission and the Federal Trade Commission Act that was created to protect consumers against unfair, deceptive, or fraudulent practices.15 …
It Is Time For Investment Advisers To Join The Conversation About Social Media, 31 J. Marshall J. Info. Tech. & Privacy L. 423 (2014),
2014
UIC School of Law
It Is Time For Investment Advisers To Join The Conversation About Social Media, 31 J. Marshall J. Info. Tech. & Privacy L. 423 (2014), Sarah Tanaka
UIC John Marshall Journal of Information Technology & Privacy Law
Section II will detail the creation of the SEC, including key that shaped the establishment, goals, and mission of the SEC. Furthermore, it will focus on who is an investment adviser under the Investment Advisers Act of 1940, the controlling legislation on the matter. Section II will also examine the SEC‟s current guidance on investment advisers‟ use of social media and the public policy behind the new provisions. With social media revolutionizing the way individuals communicate and share information, Section III will discuss the advantages and disadvantages of the current guidance regarding investment advisers‟ use of social media. It will …
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, 13 J. Marshall Rev. Intell. Prop. L. 341 (2014),
2014
UIC School of Law
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, 13 J. Marshall Rev. Intell. Prop. L. 341 (2014), Giancarlo F. Frosio
UIC Review of Intellectual Property Law
For most of human history, the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies that regulate creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and re-use. From the Platonic mimesis to Shakespeare’s “borrowed feathers,” the largest part of our culture has been produced under a paradigm in which imitation—even plagiarism—and social authorship formed constitutive elements of the creative moment. Pre-modern creativity spread from …
Navigating Cybersquatting Enforcement In The Expanding Internet, 13 J. Marshall Rev. Intell. Prop. L. 321 (2014),
2014
UIC School of Law
Navigating Cybersquatting Enforcement In The Expanding Internet, 13 J. Marshall Rev. Intell. Prop. L. 321 (2014), Jordan A. Arnot
UIC Review of Intellectual Property Law
It has always been a considerable task to police something as vast at the Internet for trademark violations and abuse. As the Internet develops with the ongoing launch of hundreds of new generic Top-Level Domains, so does the host of enforcement options available to those seeking to protect the value of trademarks and other intellectual property. This article outlines seven criteria to consider when selecting a remedy, or combination of remedies. The traditional cease and desist letter is still a viable and effective option, and so, of course, is litigation. These tools were greatly enhanced in 1999 when the Internet …
An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014),
2014
UIC School of Law
An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014), Frank Battaglia
UIC Review of Intellectual Property Law
On the heels of the popular March Madness National Collegiate Athletic Association (“NCAA”) Basketball tournament, and following Northwestern University student-athletes’ success in unionizing, the extent of student-athlete publicity rights is now more contentious than ever. The divide between an ever-profiting NCAA and exploited NCAA student-athletes has sparked an evolving class-action lawsuit by former student-athletes, who challenge the licensing of their images and likenesses. This lawsuit has become a landmark test of the NCAA’s governance and notions about amateurism in college athletics. The outcome of this case will be a possible sign that compensation for both current and former student-athletes may …
Cls Bank V. Alice Corp.: What Does It Mean For Software Patent Eligibility?, 13 J. Marshall Rev. Intell. Prop. L. 601 (2014),
2014
UIC School of Law
Cls Bank V. Alice Corp.: What Does It Mean For Software Patent Eligibility?, 13 J. Marshall Rev. Intell. Prop. L. 601 (2014), Charles F. Green
UIC Review of Intellectual Property Law
For more than forty years, patent attorneys, software engineers, examiners, and judges have debated the patent eligibility of software. For most of the 1980s and 90s, the USPTO has viewed software as generally patent-eligible subject matter. Starting with the State Street v. Signature Financial case in 1998, courts have examined subject matter patent eligibility with greater scrutiny. This comment reviews six recent software patent eligibility cases, of which the court upheld software’s eligibility twice and rejected its eligibility four other times. In particular, the CLS Bank v. Alice Corp. case serves as a basis for examining several approaches to the …
The Impact Of The America Invents Act On Trade Secrets, 13 J. Marshall Rev. Intell. Prop. L. 497 (2014),
2014
UIC School of Law
The Impact Of The America Invents Act On Trade Secrets, 13 J. Marshall Rev. Intell. Prop. L. 497 (2014), Edward Manzo
UIC Review of Intellectual Property Law
The Leahy-Smith America Invents Act (“AIA”) is the largest revision to the patent statute in over sixty years. One might ask whether the AIA changed the balance between trade secret law and patent law and what the new relationship will be between these different approaches to protecting technology. This article answers four particular questions that arise in addressing this topic. First, what, if anything, the AIA says specifically about trade secrets; second, whether someone who commercially uses a trade secret for over one year can patent it under the AIA; third, whether a new inventor may patent an invention that …
A Solution-Based Approach To Rejecting Trademark Licenses In Bankruptcy, 13 J. Marshall Rev. Intell. Prop. L. 621 (2014),
2014
UIC School of Law
A Solution-Based Approach To Rejecting Trademark Licenses In Bankruptcy, 13 J. Marshall Rev. Intell. Prop. L. 621 (2014), Chandra J. Critchelow
UIC Review of Intellectual Property Law
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark licenses in its 2011 decision in Sunbeam Prods., Inc. v. Chi. Am. Mfg. LLC. All other courts have held that when a trademark license is rejected under 11 U.S.C. § 365 in a Chapter 11 bankruptcy proceeding, the licensee may no longer use the licensed trademark. All other forms of intellectual property are subject to § 365(n), which prevents automatic termination of the licensee’s rights. In Sunbeam, the court held that the rejection of a trademark license under § 365 does not automatically terminate the …
Implementing And Enforcing Intellectual Property Rights In West Africa, 13 J. Marshall Rev. Intell. Prop. L. 782 (2014),
2014
UIC School of Law
Implementing And Enforcing Intellectual Property Rights In West Africa, 13 J. Marshall Rev. Intell. Prop. L. 782 (2014), Ganiyou Gassikia
UIC Review of Intellectual Property Law
The World Trade Organization (WTO) created the Trade-Related Intellectual Property Rights (TRIPS) Agreement to monitor and enforce intellectual property rights around the world, to uneven success. There are problems with enforcement in many developing countries, specifically countries in West Africa. By some estimates, for example, the majority of drugs used in those countries are counterfeit, which can lead to serious injury or even death for those using the counterfeit drugs. Stronger IP enforcement not only encourages innovation but can serve to reduce the risk of death of those in developing countries. There are major challenges facing implementation of IP rights …
The Consistently Inconsistent "Instance And Expense" Test: An Injustice To Comic Books, 14 J. Marshall Rev. Intell. Prop. L. 91 (2014),
2014
UIC School of Law
The Consistently Inconsistent "Instance And Expense" Test: An Injustice To Comic Books, 14 J. Marshall Rev. Intell. Prop. L. 91 (2014), Thomas Deahl Ii
UIC Review of Intellectual Property Law
Joe Simon once said that “we always felt, we wuz robbed.” He is not alone. This article will discuss Jack Kirby’s estate’s case against Marvel and how the current state of the law robs creators of the rights to their own works. The evaluation of case law will show that the application of the ‘instance and expense’ test creates an injustice of inconsistent results in litigation, where creators attempt to regain control of their works. If the court continues to inconsistently apply the law to these work-for-hire cases, then the Supreme Court or Congress needs to address the intended purpose …
Augmented Reality: Hard Problems Of Law And Policy,
2014
University of Washington School of Law
Augmented Reality: Hard Problems Of Law And Policy, Franziska Roesner, Tamara Denning, Bryce Clayton Newell, Tadayoshi Kohno, Ryan Calo
Tech Policy Lab
Augmented reality (AR) technologies are poised to enter the commercial mainstream. Using an interdisciplinary research team, we describe our vision of AR and explore the unique and difficult problems AR presents for law and policy—including around privacy, free speech, discrimination, and safety.
Normative Avoision: Revising The Copyright Alert System To Circumvent Normative Backlash,
2014
UC Law SF
Normative Avoision: Revising The Copyright Alert System To Circumvent Normative Backlash, Timothy L. Yim
UC Law Science and Technology Journal
Content rightsholders in the film and music industries previously spearheaded a legal campaign that, though highly successful in the courts, has resulted in significant normative backlash and overall has been counterproductive to their intended goal of increased copyright enforcement. In July 2011, when these rightsholders signed an agreement with five major national internet service providers to create the Copyright Alert System (“CAS”), a new and entirely private mechanism for copyright enforcement, they seemed poised to make that same mistake again. However, in a prime example of “normative avoision,” content rightsholders have finally taken note of the normative consequences of their …
What Can Medicine Teach The Social Sciences?,
2014
UC Law SF
What Can Medicine Teach The Social Sciences?, Lee Mcintyre
UC Law Science and Technology Journal
In a field as slow to change as the law, it is often helpful to inject fresh perspectives from other disciplines. As different as legal analysis might be from that found in the medical and social sciences, they are all ultimately concerned with the pursuit of objectivity. Furthermore, in each of these fields, the pursuit of academic and practical goals are permeated and influenced by the values of those that seek to achieve them. Indeed, both the law and the social sciences in particular are fundamentally concerned with finding ways of distilling logic and order from the complexities of human …
