A New Approach To Data Security Breaches,
2010
Schulich School of Law, Dalhousie University
A New Approach To Data Security Breaches, Gideon Emcee Christian
Canadian Journal of Law and Technology
This article examines the problems associated with data security breaches from two different, but not mutually exclusive, perspectives. The first part of the article examines the need for notification in the event of a data security breach and proposes an amendment of the Personal Information Protection and Electronic Document Act (PIPEDA) to create a legal, or statutory, obligation in Canada to compel disclosure or notification of data security breaches. My recommendations are based on the examination of legislation from other legal jurisdictions, highlighting, where necessary, the shortcomings of the legislation, which ought to be taken into consideration in amending PIPEDA …
Ticket Sniping,
2010
University of Colorado Law School
Case Studies In Abandoned Empiricism And The Lack Of Peer Review At The Federal Communications Commission,
2010
University of Colorado Law School
Case Studies In Abandoned Empiricism And The Lack Of Peer Review At The Federal Communications Commission, Rob Frieden
Colorado Technology Law Journal
No abstract provided.
There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information,
2010
Federal Trade Commission
There Is A Time To Keep Silent And A Time To Speak, The Hard Part Is Knowing Which Is Which: Striking The Balance Between Privacy Protection And The Flow Of Health Care Information, Daniel J. Gilman, James C. Cooper
Michigan Telecommunications & Technology Law Review
Health information technology (HIT) has become a signal element of federal health policy, especially as the recently enacted American Recovery and Reinvestment Act of 2009 (Recovery Act or ARRA) comprises numerous provisions related to HIT and commits tens of billions of dollars to its development and adoption. These provisions charge various agencies of the federal government with both general and specific HIT-related implementation tasks including, inter alia, providing funding for HIT in various contexts: the implementation of interoperable HIT, HIT-related infrastructure, and HIT-related training and research. The Recovery Act also contains various regulatory provisions pertaining to HIT. Provisions of the …
Table Of Contents,
2010
University of Colorado Law School
Table Of Contents, Journal On Telecommunications & High Technology Law
Colorado Technology Law Journal
No abstract provided.
The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future,
2010
University of Colorado Law School
The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future, William E. Kovacic
Colorado Technology Law Journal
No abstract provided.
Innovations In The Internet's Architecture That Challenge The Status Quo,
2010
University of Colorado Law School
Innovations In The Internet's Architecture That Challenge The Status Quo, Christopher S. Yoo
Colorado Technology Law Journal
No abstract provided.
Beyond Trademark Use,
2010
University of Colorado Law School
Beyond Trademark Use, Stacey L. Dogan
Colorado Technology Law Journal
No abstract provided.
Academic Author Objections To The Google Book Search Settlement,
2010
University of Colorado Law School
Academic Author Objections To The Google Book Search Settlement, Pamela Samuelson
Colorado Technology Law Journal
No abstract provided.
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010),
2010
UIC School of Law
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010), Matthew Borton, Samuel Liles, Sydney Liles
UIC John Marshall Journal of Information Technology & Privacy Law
Cyberwarfare is a very real threat to the security of the nation. Yet there is confusion and disagreement as to which government body is most appropriate to assume the cyberwar mission. The Strategy to Secure Cyberspace treats the threat primarily as a criminal issue, and assigns responsibility to the Department of Homeland Security. The National Defense Strategy implies that cyberwarfare is a military issue. Both documents may be correct, depending on the case. The cyberspace terrain transcends boundaries, quickly blurring the line between civil or criminal action and an act of war, leaving the government with the issue of assigning …
Law School & The Web Of Group Affiliation: Socializing, Socialization, And Social Network Site Use Among Law Students, 27 J. Marshall J. Computer & Info. L. 325 (2010),
2010
UIC School of Law
Law School & The Web Of Group Affiliation: Socializing, Socialization, And Social Network Site Use Among Law Students, 27 J. Marshall J. Computer & Info. L. 325 (2010), Eric M. Fink
UIC John Marshall Journal of Information Technology & Privacy Law
Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school experience, …
Firearm Transaction Disclosure In The Digital Age: Should The Government Know What Is In Your Home?, 27 J. Marshall J. Computer & Info. L. 497 (2010),
2010
UIC School of Law
Firearm Transaction Disclosure In The Digital Age: Should The Government Know What Is In Your Home?, 27 J. Marshall J. Computer & Info. L. 497 (2010), Elaine Vullmahn
UIC John Marshall Journal of Information Technology & Privacy Law
This comment examines the primary arguments for continuing to prohibit the federal government from establishing a federal firearm registry. The Background section of this comment surveys the development of laws restricting firearm sales and requiring federal firearm licensed dealers to maintain pertinent records. This section also describes how, if enacted, the Blair Holt’s Firearm Licensing and Registration Act of 2009, known as H.R. 45, would, through the creation of federal firearm registry, expose electronic records of private citizens’ firearm purchases and ownership to possible government abuse. The Analysis section examines why H.R. 45 is not the correct means for achieving …
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010),
2010
UIC School of Law
The Cathedral And The Bizarre: An Examination Of The "Viral" Aspects Of The Gpl, 27 J. Marshall J. Computer & Info. L. 349 (2010), Michael F. Morgan
UIC John Marshall Journal of Information Technology & Privacy Law
While there is a growing body of literature dealing with the General Public License (“GPL”), the potential viral effects of the GPL do not appear to have been analyzed in a detailed technical manner. This paper will attempt to demonstrate that a proper legal analysis of the viral effects of the GPL is dependent on a detailed technical understanding of the specific mechanisms used for each type of program-to-program interaction. Once these technical mechanisms are properly understood it will then be possible to identify the applicable copyright law needed to assess the viral effects of the GPL.
How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010),
2010
UIC School of Law
How Safe Is This Shore? - Data Protection And Bpos In India, 27 J. Marshall J. Computer & Info. L. 539 (2010), Kritika Bharadwaj
UIC John Marshall Journal of Information Technology & Privacy Law
India has one of the fastest growing demographics of personal computer and Internet usage, following the U.S. and the U.K. In the light of this progress, there is no doubt that India has benefited from the worldwide process of outsourcing. On the same note, the service offered by India has rendered her indispensible to countries around the world, including the U.S. and the U.K. However, where convenience, speed, and accessibility are taken for granted in this digital era, this paradigm shift has consequently resulted in changes in its management and control, safeguard measures, and a surge of unprecedented threats and …
Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010),
2010
UIC School of Law
Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar
UIC John Marshall Journal of Information Technology & Privacy Law
The first section of this paper will explain what fatwâs are, why they are important, and what is the relationship between fatwâs and the Islamic judiciary. This section will also address who can issue such opinions and how scholars reach their conclusions. In the second part of this paper, I will explore the recent emergence of cyber fatwâs. This section specifically will focus on how Muslims have used this medium and how fatwâs have manifested themselves therein. The third portion of this paper will identity the problems that cyber fatwâs create and why they fail to comport with particular tenets …
An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010),
2010
UIC School of Law
An Evolutionary Study Of Cloud Computing Services Privacy Terms, 27 J. Marshall J. Computer & Info. L. 593 (2010), Konstantinos K. Stylianou
UIC John Marshall Journal of Information Technology & Privacy Law
This paper examines the evolution of a number of cloud computing services’ terms of use with the aim to discern whether they offer less or more (or equal) privacy safeguards. To better highlight the changes cloud computing has brought about, I focus on those privacy terms that relate to the special modus operandi of cloud services. This paper proceeds in three parts. Part I identifies the special ways by which cloud computing challenges privacy. Part II discusses a series of privacy terms commonly found in the sampled cloud computing services and follows their evolution by comparing previous versions where available. …
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010),
2010
UIC School of Law
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide …
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010),
2010
UIC School of Law
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin
UIC John Marshall Journal of Information Technology & Privacy Law
2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010),
2010
UIC School of Law
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010),
2010
UIC School of Law
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …
