Rutgers Computer & Technology Law Journal

Browse past and current articles from this publication.

Network neutrality: laissez-faire approach or not?
ABSTRACT The paper discusses the subject of network neutrality from an American and European legal perspective. While acknowledging the plethora of literature on network neutrality, it argues that . . .

Combating sexual predators online and conflicts with free speech: an analysis of legislative approaches in New Jersey.
I. INTRODUCTION Assemblymen Peter Biondi, during the 2006-2007 session of the New Jersey Assembly, and Senator Kevin O'Toole, during the 2008-2009 session of the New Jersey Senate, each introduced . . .

Electronic discovery: 2006 amendments to the Federal Rules of Civil Procedure.
I. INTRODUCTION On December 1, 2006, the "E-discovery Amendments" (Amendments) to the Federal Rules of Civil Procedure (FRCP) went into effect. (1) The Amendments were approved to address a myriad . . .

Do as I say, not as I do - is Star Wars inevitable? Exploring the future of international space regime in the context of the 200
INTRODUCTION--Are We on the Brink of an Arms Race in Space? U.S. Says "No" to Restrictions on Weaponizing Space China Joins the ASAT Club 2006 National Space Policy--National Interest v. Intern . . .

Thirty-ninth selected bibliography on computers, technology, and the law: (January 2007 through December 2007).(Bibliography)
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Errata.(Correction notice)
An entry on page 379 of the Thirty-Ninth Selected Bibliography on Computers, Technology and the Law should have read as follows: Patricia L. Eichar, Chapter 484: From Home Detention to GPS Monitor . . .

IT-APAs: harmonizing inconsistent transfer pricing rules in income tax - customs - VAT. (information technology advanced pricing
INTRODUCTION In most jurisdictions there are three separate spheres of transfer pricing analysis--income tax, customs, and VAT. Although they share policy objectives and terminology, and frequentl . . .

Google and ye shall be found: privacy, search queries, and the recognition of a qualified privilege.
I. INTRODUCTION Modern technology allows us to record and maintain massive amounts of personal information, increasing the amount of data flowing from the private sector to the Government. (1) The . . .

Thirty-ninth selected bibliography on computers, technology, and the law: (January 2006 through December 2006).
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Straightening your heir: on the constitutionality of regulating the use of preimplantation technologies to select preembryos or
I. INTRODUCTION Remarkably rapid advances in genetics and related technology promise to profoundly impact the future of human health and welfare, (1) through applications ranging from the exceptio . . .

Robin Hood versus the bullies: software piracy and developing countries.
I. INTRODUCTION The discussion of globalization, a term laden with confusion, has filled volumes of political science, economics, and sociology journals. However, the effect of globalization on th . . .

Notes on the United Nations Convention on the use of Electronic Communications in International Contracts and its effects on the
1. INTRODUCTION The goal of this article is to introduce the reader to the recently approved United Nations Convention on the Use of Electronic Communications in International Contracts ("Conventi . . .

Missing the mark in cyberspace: misapplying trademark law to invisible and attenuated uses.
"... its chief selling points are the words 'Don't Panic' ..." (1) ABSTRACT Leading cases have misapplied ordinary principles of trademark and unfair competition law in cyberspace, especially to . . .

Google book search: fair use or fairly useful infringement?
I. INTRODUCTION Google has an ambitious mission statement: "... to organize the world's information and make it universally accessible and useful." (1) As part of this mission, Google created what . . .

Cable television franchise agreements: is local, state or federal regulation preferable?
I. INTRODUCTION Verizon is upgrading its existing network to provide fiber optic connectivity to homes and businesses. (1) Verizon's fiber-to-the-premises ("FTTP") service offering would allow con . . .

Using the Internet to attract clients and the attorney-client privilege.
INTRODUCTION Interesting concoctions often come about when different ingredients combine: take light and shadow, for example, or seeds and soil. Gin and vermouth also come to mind. In law, one can . . .

Means-plus-function clauses in patent claims: a tortuous path.
I. INTRODUCTION In 1952, the long efforts of the patent bar resulted in a new Patent Act that, with some changes, remains the statute that creates and controls patent rights. (1) The Patent Act of . . .

Thirty-eighth selected bibliography on computers, technology and the law: (January 2005 through December 2005).(Bibliography)
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Overseas outsourcing of private information & individual remedies for breach of privacy.
I. INTRODUCTION Using personal medical and financial information to blackmail unsuspecting individuals may sound like the plotline to a conspiracy theory movie. In reality, it may also be a conseq . . .

Cybersurgery: the cutting edge.
I. INTRODUCTION The year is 2050. A woman in Cuenca, Ecuador unexpectedly gives birth to conjoined twins who require immediate surgery in order to survive. Although the mother has been receiving e . . .

What do pizza delivery and information services have in common? Lessons from recent judicial and regulatory struggles with conve
Congressionally crafted definitions of cable, (1) information (2) and telecommunications (3) service used by the Federal Communications Commission ("FCC") to make key policy and regulatory decisions . . .

Creating representations of justice in the third millennium: legal poetics in digital times.
I. INTRODUCTION II. "DIGITAL CONDITION" & "LEGAL POETICS": DEFINITIONS III. POETICS: WHEN MEANING MATTERS IV. LEGAL POETICS: "THE TRIAL'S BEGINNING!". V. VISUAL POETICS OF LAW VI. . . .

Thirty-sixth selected Bibliography on computers, technology and the law (January 2003 through December 2003).
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Fan websites' use of trademarks in their domain names: fair or foul?
I. INTRODUCTION Since 1846, when the first baseball game was played in Hoboken, New Jersey, (1) baseball has occupied a central place in the hearts and minds of millions of Americans. With the bir . . .

The "dirt" on digital "sanitizing": droit moral, artistic integrity and the Directors Guild of America v. CleanFlicks et al.
"The very basis of all creative work lies in the protection of the right to create, which is a function of the right of individual liberty.... A corollary to this right to create is the righ . . .

Computer search and seizure issues in Internet crimes against children cases.
Child sexual exploitation encompasses a broad spectrum of types of child abuse. For purposes of this article, the type of child sexual exploitation that will be primarily dealt with is computer-faci . . .

Identity theft: myths, methods, and new law.
I. INTRODUCTION For centuries, philosophers have considered the concept of human identity, (1) a notion that refers to an individual's sense of "self" and distinguishes one individual from another . . .

Harmonizing fair use and self-help copyright protection of digital music.
Before the summer of 2003, there appeared to be little chance that the five major record companies and their trade group, the Recording Industry Association of America ("RIAA"), would sue any more t . . .

Let's keep it on the download: why the educational use factor of the fair use exception should shield rap music from infringemen
I. INTRODUCTION Digital sampling is the method by which musicians place "previously recorded portions of another artist's work in a new recording." (1) The legal ramifications of digital sampling . . .

A crusade in the public domain: the Dastar decision.
Things are more like they are now than they ever were before.--Dwight D. Eisenhower (1) Though the term of copyright protection has been constitutionally extended again and again by Congress, (2) . . .

Pornography, community and the Internet - freedom of speech and obscenity on the Internet.
I. INTRODUCTION A. General The recent emergence of the Internet has posed new challenges for the legal community. One of the much debated issues among legal scholars is whether the Internet shou . . .

Toward a criminal law for cyberspace: a new model of law enforcement?
I. INTRODUCTION This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into . . .

Cumulative index volumes 1 through 28: title indexto leading articles and features.
TITLE INDEX TO LEADING ARTICLES AND FEATURES Access to Federally Funded Research Data Under the Freedom of Information Act Edward C. Walterscheid 15:1 Adapting . . .

Thirty-fifth selected Bibliography on computers, technology and the law (January 2002 through December 2002).(Bibliography)
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Harvard as a model in trademark and domain name protection.
I. INTRODUCTION Collegiate licensing has developed into a booming industry (1) since the advent of such programs in the early- to mid-1980s. (2) Colleges and universities learned that their names, . . .

How to pry with maps: the Fourth Amendment privacy implications of governmental wetland Geographic Information Systems (GIS).
Cut the bank for the fill./ Dump sand/ pumped out of the river/ into the old swale// killing whatever was/ there before--including/ even the muskrats. Who did it?/ There's the guy.// H . . .

Online shareholder meetings: corporate law anomalies or the future of governance?
I. INTRODUCTION Individual shareholders with a small stake in corporations rarely attend annual shareholder meetings. (1) Whether they are reluctant to spend the time and money to travel to the me . . .

Minnesota passes the nation's first Internet privacy law.
This Article will examine the new Internet privacy law passed by the Minnesota state legislature. The law restricts an Internet service provider's disclosure of information that identifies a consume . . .

The USA PATRIOT Act and telecommunications: privacy under attack.
I. INTRODUCTION The USA PATRIOT Act of 2001, (1) signed into law on October 26, 2001, became a formidable weapon in the United States' war against terrorism. Enacted quickly in response to the Sep . . .

Honeypots: a sticky legal landscape?(catching computer hackers)
I. INTRODUCTION With today's enhanced focus on cybersecurity, governments and businesses are looking for effective tools to prevent and detect attacks on their critical information systems. Effect . . .

Evidence at the electronic frontier: introducing e-mail at trial in commercial litigation.
I. INTRODUCTION Electronic mail or "e-mail" has become the very fabric of commercial litigation. Yet, despite the fact that a veritable cottage industry has sprung up to assist litigators in disco . . .

The blame game: can Internet service providers escape liability for semantic attacks? .
I. INTRODUCTION Recent news articles and publications by experts seem to predict that courts will not be lenient toward Internet service providers ("ISPs") (1) who fail to protect against semantic . . .

Privacy in the private sector: use of the automotive industry's "event data recorder" and cable industry's "interactive televisi
I. INTRODUCTION While the mention of the term "Big Brother" typically arouses suspicion of the government, many privacy advocates have been expressing concern over the private sector's access to a . . .

Pop-up advertising online: slaying the hydra.
I. INTRODUCTION Eight years ago, the New York Times ran an article entitled, "First-Time Tourists Need a Pocket Guide to Downtown Internet." (1) The article was undoubtedly cutting-edge reporting . . .

The legal Web of wireless transactions.
I. INTRODUCTION The wireless web creates an exciting new marketplace for consumers and businesses alike. For consumers, the flexibility and freedom afforded by wireless handheld devices such as Pa . . .

Using distance learning to enhance cross-listed interdisciplinary law school courses.
I. INTRODUCTION Courses that are interdisciplinary in their approach to teaching substance and skills and that include graduate students from other disciplines can be a valuable addition to legal . . .

The European Union Commission and recent trends in European information law.
I. INTRODUCTION This Article addresses several recent and emerging developments regarding the European Union's copyright and intellectual property ("IP") laws. Because not every significant issue . . .

Thirty-fourth selected biography on computers, technology and the law (January 2001 through December 2001).
INTRODUCTION Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed . . .

Antitrust enforcement in electronic B2B marketplaces: an application of oligopoly theory and modern evidence law.(business-to-bu
I. INTRODUCTION: THE FTC REPORT In June 2000, the Federal Trade Commission held a workshop designed to educate the Commission about the emerging technology of business-to-business electronic marke . . .

Beyond the neighborhood drugstore: U.S. regulation of online prescription drug sales by foreign businesses.
I. INTRODUCTION Drugstore.com, cvs.com, and walgreens.com are just some of the more than 400 known e-commerce businesses that dispense prescription drugs online. (1) A study of websites maintained . . .