Rutgers Computer & Technology Law Journal

Browse past and current articles from this publication.

B2Bs, e-commerce & the all-or-nothing deal.(business-to-business)
I. INTRODUCTION Business-to-business electronic marketplaces ("B2Bs") have been heralded as one of tle most revolutionary developments in tle business world. tlis new e-commerce phenomenon, which . . .

The sound of silence: why and how the FCC should permit private property owners to jam cell phones.
"Speak only if you can improve upon the silence."--Spanish Proverb I. INTRODUCTION The use of mobile telephony in the United States has skyrocketed since its introduction in the early 1980's, to . . .

Lawyer and law firm web pages as advertising: proposed guidelines.
I. INTRODUCTION Currently, there are no uniform standards designed specifically to regulate lawyer communications on the Internet. Each state and each federal district court is free to promulgate . . .

Trade secrets - the new risks to trade secrets posed by computerization.
INTRODUCTION Business enterprises have always relied on intellectual property to further economic goals. (1) Well-known trademarks have been critical to the success of many consumer products compa . . .

Gambling on the Internet: the states risk playing economic roulette as the Internet gambling industry spins onward.
I. INTRODUCTION A question facing many industries is whether they will be able to operate and to ultimately survive within the dynamic Internet business environment. Currently, the Internet gambli . . .

Carnivore in cyberspace: extending the Electronic Communications Privacy Act's framework to Carnivore surveillance.(government s
I. INTRODUCTION With each advance of communications technology comes a correlated advance in the technology of surveillance: if the developments of the Internet and e-mail constitutes a revolution . . .

The proliferation of electronic commerce patents: don't blame the PTO. (Patent and Trademark Office)
I. INTRODUCTION In the Dot Com world of today, many players are spending large sums on the acquisition of electronic commerce patents. Most of these E-commerce patents are a little bit software pa . . .

The multiple unconstitutionality of business method patents: common sense, congressional consideration, and constitutional histo
I. INTRODUCTION Business method patents are of sufficiently doubtful constitutionality that the Supreme Court should either render them void or, at the least, require a clear Congressional fact fi . . .

Computers and the patent system: the problem of the second step.
The proper scope of patent protection for computerized algorithms is one of the most controversial questions in modern patent law. Everyone has an opinion. To some, broad patent protection for compu . . .

The new "problem" of business method patents: the convergence of national patent laws and International Internet transactions.
1. INTRODUCTION This article analyzes two evolving legal and technological domains: e-commerce and the law of patents as applied to business methods. Both of these domains possess a distinctly int . . .

Thirty-third selected bibliography on computers, technology and the law: (January 2000 through December 2000).
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 . . .

And the shirt off your back: Universal City Studios, DECSS, and the Digital Millennium Copyright Act.
I. INTRODUCTION Although law principally represents the mediation of broad principles and competing interests, its resolution in practice is often muddied and its consequences unforeseen. The law . . .

Copyright in the digital age: a comparative survey.
As a result of the development of the Internet and other electronic technologies, drafters of intellectual property laws the world over have been faced with some unprecedented challenges. Many of th . . .

Free access and the future of copyright.(digital information)
A cornucopia of copyrighted text, images, and music is currently being created and shared by the Internet community. The creators and copyright holders of most of this shared content do not view the . . .

The Digital Millennium Copyright Act: disabusing the notion of a constitutional moment.
I. INTRODUCTION The Digital Millennium Copyright Act (1) ("DMCA") has been characterized as "represent[ing] the most comprehensive reform of United States copyright law in a generation." (2) It im . . .

E-consumer protection: a comparative analysis of EU and US consumer protection on the Internet.
ABSTRACT The criteria used in the European Union and in the United States to establish the proper forum when parties come from diverse jurisdictions are significantly different. The United States . . .

Legal advice given over the Internet and Intranet: how does this practice affect the lawyer-client relationship?
I. INTRODUCTION Attorneys use the client interview as a means of gathering information necessary for counseling their clients. (1) Prior to the advent of the telephone, face-to-face interviews bet . . .

Technology due diligence: the need for and benefits of technology assessment in connection with investment in high-tech companie
It seems like technology is in the news on a daily basis, particularly the financial news. First, technology investments "skyrocketed," (3) with technology companies serving as the "darlings of the . . .

The realities of the MP3 madness: Are record companies simply crying wolf?
"The music industry is crashing into the Interact ... [t]hey don't want to go into the Digital Age, and MP3 is dragging them there."(1) INTRODUCTION The Internet is a seemingly infinite network . . .

When public policies collide: legal "self-help" software and the unauthorized practice of law.
INTRODUCTION As computer technology advances at an astonishing rate, the law often struggles to keep pace with the corresponding development of new issues of law or, at the very least, new twists . . .

Open-source software and the demise of copyright.
I. COPYRIGHT, SOFTWARE, AND THE CURRENT DEBATE A. Introduction The scope of copyright protection for computer software reflects a variety of economic considerations. The chief goal of copyright . . .

Transmitting legal documents over the Internet: how to protect your client and yourself.
INTRODUCTION [E]lectronic mail has proved itself so useful to the legal profession that it is a question of when, not whether, e-mail will become universal among all lawyers, their clients, and ju . . .

Thirty-second selected bibliography on computers, technology and the law.(1999)(Bibliography)
(January 1999 through December 1999) INTRODUCTION Each year, the Journal provides a compilation of the most important and timely legal articles on computers, technology, and the Internet. The Bi . . .

Mainstream Loudoun and the future of internet filtering for America's public libraries.(Mainstream Loudoun v. Board of Trustees
I. INTRODUCTION The First Amendment guarantee of free speech is under heavy fire today. Everyone, from Congress to local librarians, is arguing over how best to protect young people from potential . . .

Universal health identifier: invasion of privacy or medical advancement?
I. INTRODUCTION In today's world of constant change, legislation often cannot keep abreast of technological developments,(1) The increasing use of computers to maintain a variety of data, from hea . . .

Cyberbanking: a new frontier for discrimination?
I. INTRODUCTION As cyberspace becomes more accessible to the public, cyberbanking(2) becomes more problematic. In fact, cyberbanking, which is becoming ever more popular, may be America's leading . . .

Adapting contract law to accommodate electronic contracts: overview and suggestions.(e-commerce)
I. INTRODUCTION Law is not a static body of inflexible rules and unyielding tradition. The dynamism of contemporary economic, cultural, and technological evolution requires the law to adapt itself . . .

The New Jersey Supreme Court's treatment of the wireless communications industry pursuant to New Jersey municipal land use law a
I. INTRODUCTION "Should we force science down the throats of those who have no taste for it? Is it our duty to drag them kicking and screaming into the twenty-first century? I am afraid that it is . . .

Federal tax treatment of computer software under Norwest v. Commissioner.
I. INTRODUCTION Since the birth of the computer software industry in the 1970's, the courts and lawmakers have been repeatedly faced with the task of classifying software under the common law labe . . .

Software patent applications directed to business and mathematical processing applications highlight the tension between State S
I. INTRODUCTION Recent decisions by the Federal Circuit Court of Appeals suggest a significant expansion of the scope of patentable subject matter for software-related inventions.(1) In particular . . .

Cybercommunity versus geographical community standard for online pornography: a technological hierarchy in judging cyberspace ob
I. INTRODUCTION For more than twenty years, courts have utilized the contemporary community standard announced in Roth v. United States,(1) and expanded in Miller v. California,(2) to determine ob . . .

Public performance copyrights: a guide to public place analysis.
I. INTRODUCTION(**) "An' there began a lang digression About the lords of the creation."(1) "`Cause, remember, no matter where you go ... there you are."(2) Dip Diddler, an average guy, has ju . . .

Thirty-first selected bibliography on computers, technology and the law.(Bibliography)
(January 1998 through December 1998) INTRODUCTION Each year, the Journal staff provides a grouping of the most important and timely articles on virtually all areas of technology and the law. Thi . . .

Applying the U.S. Postal Service statutes to e-mail transmissions.
I. INTRODUCTION In the quest for newer, faster and more efficient means of communicating, electronic media have moved to the forefront of interpersonal and professional communication. As denizens . . .

Korea's road toward respecting intellectual property rights.
I. INTRODUCTION The Republic of Korea is at a crossroad in recognizing the intellectual property rights of software manufacturers. Once a rampant software pirate, Korea is beginning to alter its a . . .

Cyberspace: a new frontier for fighting words.
I. INTRODUCTION The boundaries that limit our freedom of expression change constantly. While First Amendment jurisprudence rests on a core of enduring doctrines, the contours of that core remain m . . .

"What's really going on?" A study of lawyer and scientist inter-disciplinary discourse.
I. THE TWO CULTURES OF LAW AND SCIENCE In the modern world the influence of science is everywhere. "At every turn," as a leading commentator puts it, "we encounter new material indicators of [scie . . .

The First Amendment balance of a child's morality and an adult's naughty net play.(Case Note)
I. INTRODUCTION In Reno v. American Civil Liberties Union,(1) the United States Supreme Court addressed the constitutionality of the "indecent transmission"(2) and "patently offensive"(3) provisio . . .

Gun detector technology and the special needs exception.
I. INTRODUCTION Picture a world where antagonism between police and the community is greatly diminished or nonexistent; police officers face fewer safety risks; the crime rate is lower; and tradit . . .

Encryption, key recovery, and commercial trade secret assets: a proposed legislative model.
Encryption is not for e-mail alone, but also for digital assets which comprise a growing portion of any company's mission critical data, such as trade secrets and intellectual property. However, the . . .

Universal service and the digital revolution: beyond the Telecommunications Act of 1996.
I. INTRODUCTION For most of the twentieth century, telecommunications policy in the United States has been shaped by one fundamental principle: universal service.(1) Essentially, universal service . . .

A historical, economic, and legal analysis of municipal ownership of the information highway.
I. INTRODUCTION Years before people spoke of the information superhighway, a small town in Appalachia created a communications system that is now the envy of today's Silicon Valley. Residents rece . . .

Kids surfing the Net at school: what are the legal issues?
INTRODUCTION The availability of Internet access in the nation's public schools has risen dramatically. Government surveys estimate that the percentage of public schools with at least one comp . . .

Who pays the price of computer software failure?
INTRODUCTION Computers and their accompanying software are omnipresent in today's society. Over a relatively short period of time, computers have developed into important and necessary tools o . . .

State and local taxation of electronic commerce: the forging of cyberspace tax policy.
INTRODUCTION The development of the information superhighway(1) is transforming traditional business practices and creating new competitive industries for the global economy. A major component . . .

Cyberspace: the newest challenge for traditional legal doctrine.
Cyberspace is a complex of electronic networks that cross state and national boundaries. Novelist William Gibson coined the term "cyberspace" to describe the space in which his characters interacte . . .

The path of E-law: liberty, property, and democracy from the colonies to the Republic of Cyberia.
INTRODUCTION One century ago, Oliver Wendell Holmes, Jr., then an Associate Justice of the Supreme Judicial Court of Massachusetts, announced to the legal community that "[w]e are only at the . . .

What's in the forecast? A look at the EPA's use of computer models in emissions trading.
INTRODUCTION This paper traces the development of the Clean Air Act ("CAA" or "the Act") from its inception in 1970 through the 1990 Amendments. Significant emphasis is placed on the shift fro . . .

Teaching law with computers.
INTRODUCTION Thirty years from now the big university campuses will be relics. Universities won't survive. [The computer revolution is] as large a change as when we first got the printed . . .

Copyright law tackles yet another challenge: the electronic frontier of the World Wide Web.
I. INTRODUCTION The Internet has seen an explosion of popularity over the past few years. Government workers and university scholars of yesterday's Internet must now share today's Information . . .