Washington Journal of Law, Technology & Arts Issues

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

Volume 4

Issue 4 Spring 2008


Liability for Consumer Information Security Breaches: Deconstructing FTC Complaints against Businesses Victimized by Consumer Information Security Breaches

abstract   full article

Joel B. Hanson

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

Recently TJX, Inc. announced that computer hackers breached several of TJX’s databases containing the driver’s license and credit card numbers of over 47 million customers. Within a month, a class action lawsuit attempting to hold TJX responsible for losing control of this information was filed. In the past, class action lawsuits based on the release of consumer’s personal data have failed because the plaintiffs have not alleged sufficient harms. This article examines legal claims relating to the release of personal data by companies during security breaches. To date, courts have refused to find individuals harmed by the negligent release of information, without proof that the information has been misused by a third party. In addition, courts have not found a substantial enough causal link between the release and the fraudulent use. This article also examines several doctrines which may in the future be used to limit potential defendant liability from class action claims stemming from the release of personal information.

full article

Derek A. Bishop

To Mine or Not to Mine: Recent Developments in the Legal Ethics Debate Regarding Metadata

abstract   full article

Boris Reznikov

Issue 3 Winter 2008


Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?

abstract   full article

Karen Horowitz

Data Privacy and Breach Reporting: Compliance with Varying State Laws


abstract   full article

G. Martin Bingisser

Applying the Americans with Disabilities Act to Private Websites after National Federation of the Blind v. Target

abstract   full article

Jeffrey Bashaw

Issue 2 Autumn 2007


"Can I See Some ID?" Age Verification Requirements for the Online Liquor Store

abstract   full article

Boris Reznikov

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher

FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing


abstract   full article

Jeffrey Bashaw

Issue 1 Summer 2007


Employee Internet Misuse: How Failing to Investigate Pornography May Lead To Tort Liability

abstract   full article

Jamila Johnson

Don't Bet on it: How Complying with Federal Internet Gambling Law is not Enough


abstract   full article

Jennifer W. Chiang

Reach Out and Text Someone: How Text Message Spam May Be a Call Under the TCPA

abstract   full article

Daniel L. Hadjinian

Patent Rights Under FOSS Licensing Schemes

abstract   full article

Shaobin Zhu

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