Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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MOBILE REMITTANCES AND DODD-FRANK: REVIEWING THE EFFECTS OF THE CFPB REGULATIONS
Get PDFInternational remittances provide $325 billion in capital each year to developing countries and serve as an essential tool for international economic development. The growth of mobile money and mobile banking around the world will significantly increase access to remittance services and reduce costs for senders and recipients, but policy changes could irreparably deter the use of mobile phones for remittances. In July 2010, the Dodd-Frank Act proposed for the first time substantive federal regulation of international remittances and required the Consumer Financial Protection Bureau (CFPB) to develop certain rules for the industry. This article analyzes the CFPB\u27s February 2012 rule in the context of mobile remittances
The Constitutionality of DNA Sampling of Arrestees
Get PDFThis article addresses whether the DNA Act (which requires DNA samples from arrestees) passes constitutional muster. I argue that the act is constitutional and that if society believes the collection of DNA from arrestees violates an individual’s privacy, it should seek legislative resolution and not seek the protection of the Fourth Amendment of the Constitution. Throughout my analysis, I demonstrate why DNA collection is constitutional and how it is necessary. Part I of this article examines the history of DNA sampling, case law establishing an arrestee’s expectation of privacy, and the applicable Fourth Amendment tests. Part II examines the arguments for and against DNA sampling by considering case law at the state and federal level, and explores the significance of junk DNA and the treatment of abandoned DNA. Part III is the personal analysis section, which argues that the totality of circumstances test is the proper test. I apply the test to determine that there is minimal intrusion of an arrestee’s expectation of privacy through DNA sampling, a legitimate governmental interest, and that warrants are unnecessary. Further, the section demonstrates why DNA sampling is a natural progression from fingerprint collection, and the section analyzes abandoned DNA and DNA sampling. Part IV concludes the article by stating that the Fourth Amendment is not violated and that society must turn to Congress to seek greater protection
DIMINISHING THE ATTRACTIVENESS OF TROLLING: THE IMPACTS OF RECENT JUDICIAL ACTIVITY ON NON-PRACTICING ENTITIES
Get PDFThe United States patent system has increasingly been faced with complications presented by a type of non-practicing entity known as ?patent trolls‘—patent owner entities that do not actively innovate, develop or manufacture patented material but instead seek to profit from patent ownership through licensing agreements and litigation. This article explores arguments on both sides of the non-practicing entity debate and evaluates perceptions of this activity as both an accessible secondary commodities market and a litigation-based business model.  
Perspectives from the Bench: Patent Law in Pittsburgh An Interview with the Honorable Joy Flowers Conti, District Judge for the United States District Court for the Western District of Pennsylvania
No full textJudge Joy Flowers Conti has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2002, when she was nominated by President George W. Bush. Prior to her service as a district judge, Judge Conti served as a law clerk to a Pennsylvania Supreme Court Justice, was a partner in private practice at Kirkpatrick & Lockhart, LLP, and a shareholder at Buchanan Ingersoll. She also served as a member of the faculty at Duquesne University School of Law. Judge Conti is a member of the Allegheny County Bar Association, the Pennsylvania Bar Association, the American Bar Association, the Women’s Bar Association of Western Pennsylvania, the Federal Bar Association and the American Inns of Court. She received a Bachelor of Arts Degree from Duquesne University in 1970, and a JD degree summa cum laude from Duquesne University School of Law in 1973
ESRB Warning: Use of Virtual Worlds by Children May Result in Addiction and Blurring of Borders – The Advisable Regulations in Light of Foreseeable Damages
Get PDFThis article analyzes the possible models for regulating the use of Internet-based virtual worlds by minors. While virtual worlds introduce a unique experience to their users, there is a strong indication that such use, if left unregulated, may cause harm, especially to minors. This article explains that the dangers associated with virtual worlds are different from those created by other types of media. The various phenomena which may be caused due to the use of virtual worlds and the damages likely to be caused by such phenomena, rest on two assumptions: that minors are especially prone to suffer from such dangers, since the exposure of minors to the experiences offered by virtual worlds is not mitigated by factors such as a more developed sense of reality and responsibility, and, that in the use of virtual worlds there is a greater potential to induce such harms when compared to the use of video games or other Internet applications. The methodology underlying this article is based on a comparativecritical review of the existing literature in the fields relevant to this interdisciplinary realm: technology, psychology, philosophy and law. This article concludes that non-legal regulation is insufficient and puts forth several suggestions for legal regulation. The proposed regulation is based on four principles: Awareness – forcing virtual worlds companies to issue a warning of the possible damages similar to the warnings printed on cigarettes packs; Prevention – operating technological measures to identify minor users and tracking their use length; Help – establishing help centers and posting distress buttons in the virtual world; and Liability – imposing tort liability on virtual worlds companies that fail to implement the proposed changes
Enabling Technologies of Cyber Crime: Why Lawyers Need to Understand It
Get PDFThis Article discusses the enabling technologies of cyber crime and analyzes their role in the resolution of related legal issues. It demonstrates the translation of traditional legal principles to a novel technological environment in a way that preserves their meaning and policy rationale. It concludes that lawyers who fail to understand the translation will likely pursue a suboptimal litigation strategy, face speculative recovery prospects, and may overlook effective and potentially powerful defenses
The Page You Are Attempting to Access Has Been Blocked in Accordance with National Laws: Applying a Corporate Responsibility Framework to Human Rights Issues Facing Internet Companies
Get PDFAccording to the OpenNet Intiative, at least 40 countries engage in some degree of Internet censorship. 1 While censorship may be considered justifiable for various reasons—including national security, blocking child pornography, or protecting intellectual property—some authoritative states, most notably China, censor the Internet in order to control the activities of political dissidents, international human rights groups, or those who may be otherwise critical of the government. Potentially more troubling, both authoritative nations and liberal democracies alike frequently request user-data information from Internet companies, which may infringe on individual rights to privacy and free speech, and may even lead to arbitrary detention and torture
Perspectives from the Bench: Technology in the Pittsburgh Courtroom An Interview with the Honorable Nora Barry Fischer, District Judge for the United States District Court for the Western District of Pennsylvania
No full textJudge Nora Barry Fischer has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2007, when she was appointed by President George W. Bush. Prior to her service as a district judge, Judge Fischer worked as a legal editor at Callaghan & Company, was a partner in private practice at Meyer Darragh Buckler Bebenek & Eck, and was an equity partner at Pietragallo Bosick & Gordon. Additionally, Judge Fischer worked as a trained mediator and arbitrator in Pennsylvania and West Virginia. Judge Fischer is a Fellow of the American College of Trial Lawyers, an active member of the Executive Women’s Council of Pittsburgh, a past President of the Academy of Trial Lawyers of Allegheny County, and a member of the Pennsylvania Bar Association Commission on Women in the Profession, where she serves on the Mentoring Subcommittee. She received a Bachelor of Arts Degree magna cum laude from Saint Mary’s College, and a JD degree from Notre Dame Law School in 1976