Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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Forgery in Cyberspace: The Spoof Could Be on You!
Get PDF Spoofing is one of the newest forms of cyber-attack, a technological methodology adapted to mask the identity of spammers who have faced hostile reaction in response to bulk, unsolicited, electronic mail messages.[1] Sending Spam, however, is no longer the only reason for deception, as crackers have taken pleasure in the challenge of manipulating computer systems and, additionally, find recreational enjoyment in doing so. In this legal Note, the author’s intent is to show that criminal, rather than civil liability is the best way to effectively deter and punish the spoofer. The injury that results when a computer system’s technological safety measures fail to adequately safeguard the system affects not only the owner of the hijacked e-mail address, but also the Internet Service Provider, and the Network as a whole. Current Anti-Spam Legislation is arguably ineffective at targeting these particular types of malicious attacks, and a different legal approach is suggested
The DMCA and Researchers\u27 First Amendment Rights
Get PDF The Digital Millennium Copyright Act, or DMCA, was enacted by Congress in October of 1998.1 Section 1201(a)(1) of the Act, known as the "anti-circumvention" provision, states that "[n]o person shall circumvent a technological measure that effectively controls access to a [digital] work protected under this title.".2 Sections 1201(a)(2) and 1201(b) combine to form the "anti-trafficking" provisions, which provide that no one shall distribute technology that can accomplish this circumvention.3 Congress constructed a two-year delay in implementation of these provisions, thus, on October 28, 2000, circumvention of effective technological controls became punishable by both civil and criminal actions.4 Unfortunately, the presence of these provisions, along with courts refusal to recognize traditional copyright privileges and defenses in this area of "paracopyright,"5 chills programmers\u27 speech
Legislating Limits on Human Embryonic Stem Cell Research
Get PDF Research on embryonic stem cells has generated great intrigue in the scientific community. Many medical researchers consider stem cell-based therapies to have the potential of treating a host of human ailments and yielding a number of medical benefits. They are motivated by the possibility of treating incurable diseases or facilitating effective treatment methods. Their enthusiasm is shared by many of those who are afflicted with these debilitating diseases
Personal Jurisdiction Over The Internet: How International Is Today\u27s Shoe
Get PDFWith the advent of the Internet and the World Wide Web, a novel question of procedural law has taken the legal arena by storm: how do we effectively apply traditional concepts of personal jurisdiction to the seamless world of cyberspace? In a world where politically recognized territorial boundaries will typically lead the discussion into where a party may be haled into court as a result of its activities, the Internet presents us with an anomaly of that traditional principle. Courts are now being launched into the unchartered waters of cyberspace where the traditional concept of personal jurisdiction often finds itself lost at sea
The Future of Law Reviews and Legal Journals From a Student Editor\u27s Perspective
Get PDF Law reviews and legal journals have been part of the legal academic world for more than a century. [1] These legal publications are unique because they are completely run by students. However, over the last few decades, law reviews and legal journals have been highly criticized, and some critics even predict their demise. [2] If law reviews and legal journals expect to survive and remain valuable academic resources, then certain changes need to be made, and these changes are the responsibility of the student editors. Although some legal publications are making changes for the better, such as publishing online, more can be done to improve these student-run publications. By taking advantage of technological advances, especially the Internet, law reviews and legal journals can reduce the time it takes to publish an issue. In addition, these technological advances allow legal publications to offer many new features and services for both the authors and the readers. However, updating a publication with these new technological advances can be expensive. Thus, law reviews and legal journals need to generate more income from other sources than just subscriptions
Alcohol Ignition Interlocks: Magic Bullet or Poison Pill?
Get PDF The National Highway Traffic Safety Administration ("NHTSA") recently published some sobering statistics on drinking and driving. [1] A person dies on America’s highways in an alcohol-related fatality every 33 minutes. A person is injured every 2 minutes. Approximately one third of all Americans will experience an alcohol-related crash at least once in their lives. A staggering 1.4 million people "one for every 132 licensed drivers" were arrested for driving under the influence in 1998 alone. As if this human toll is not alarming enough, alcohol-related crashes cost Americans over $100 billion annually
Interpretation of Consent Decrees and Microsoft v. United States I: Making Law in the Shadow of Negotiation
Get PDFoai:ojs.tlp.law-dev.library.pitt.edu:article/2 People negotiate agreements "in the shadow of the law," whether in the private ordering of affairs such as drafting contracts or in the public forum of settling lawsuits.[1] A reverse phenomenon, however, has gone largely unnoticed: judges occasionally declare law in the shadow of negotiated settlements. In interpreting the terms of a consent decree[2] when the parties themselves cannot agree on what obligations such terms impose, the judge may determine that both the words and the parties\u27 own intentions are so ambiguous that the words must be interpreted in light of the substantive law that gave rise to the plaintiffs\u27 claim. This writer has previously contended that the meaning of an ambiguous term should be determined, in part, "by reference to the constitutional or statutory rights sought to be vindicated in the litigation." Even if the law is somewhat uncertain, part of the judge\u27s interpretive effort should be to determine which interpretation "will best serve the policies of the relevant law."[3] It appears that the federal courts, at least, have adopted this position.[4