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Washington Journal of Law, Technology & Arts Issues

Volumes 1 - 5 were published under the journal name "Shidler Journal of Law, Commerce + Technology".

Volume 1

Issue 3 Summer 2005

ArticleTitleAuthor
9 Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal and Civil Liability, and the Security Risks of Wireless Networks

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Anita Ramasastry, Jane K. Winn and Peter Winn
10 Safe Harbor Agreement - Boon or Bane?

U.S. businesses that handle personal information about individuals living in European Union countries should be aware that, as a general rule, it is unlawful for them to transfer that data out of the European Union to the United States. Exceptions to this general prohibition apply in specified circumstances, that is, where there is consent to the transfer or where there is some assurance that U.S. businesses will comply with the transfers requirements of EU privacy laws when handling that information. These restrictions apply to U.S. businesses that have employees or customers in EU countries, as well as U.S. businesses that operate Web sites in the United States that collect information from individuals accessing their sites from the European Union. In 2000, the United States and the European Union entered into a “Safe Harbor Agreement” in order to improve U.S. businesses’ compliance with EU privacy laws while minimizing the risk to U.S. businesses of enforcement actions brought against them by EU regulators for privacy law violations. U.S. businesses that decide to participate in the Safe Harbor are subject only to enforcement actions by U.S. regulators if they fail to comply with Safe Harbor requirements. Another compliance strategy open to U.S. businesses is to include standard privacy terms in contracts for transactions involving the transfer of personal information about EU individuals to the United States that provide privacy guarantees and explicitly subject the business to the jurisdiction of EU privacy regulators. In October 2004, the EU Commission released a report that reiterates the EU commitment to working with the United States within the framework of the Safe Harbor, notwithstanding the apparent lack of success of either the Safe Harbor or the contract terms compliance strategies.

full article

Sylvia Mercado Kierkegaard
11 A Few Degrees off the Mark: Miniature Missteps that Can Render the Safe Harbors of the DMCA Inaccessible

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Nicole J. Nyman
12 Pop Goes The Trademark? Competitive Advertising on the Internet

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Kendall Bodden

Issue 2 Winter 2005

ArticleTitleAuthor
5 Tax Implications of Using Out-of-State Computer Servers

abstract   full article

Paula K. Royalty
6 Tangible Cash for an Intangible Loss? Insurance Coverage for Damage or Loss of Third-Party Data

abstract   full article

Kendall Bodden
7 Risky Business: What Must Employers Do to Shield Against Liability for Employee Wrongdoings in the Internet Age?

abstract   full article

Nicole J. Nyman
8 When Invisible Electronic Ink Leaves Red Faces: Tactical, Legal and Ethical Consequences of the Failure to Remove Metadata

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Jembaa Cole

Issue 1 Spring 2004

ArticleTitleAuthor
1 When is a Phone Call Not a Phone Call? Legal Issues Arising From Business Use of VoIP

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Paula K. Royalty
2 Oops! The Legal Consequences Of and Solutions To Online Pricing Errors

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Benjamin Groebner
3 CAN Law Firms SPAM?

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Kevin Michael
4 Not Child's Play: Compliance with the Children's Online Privacy Protection Rule

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Kristin Bryant