Washington Journal of Law, Technology & Arts Issues
Volumes 1 - 5 were published under the journal name
"Shidler Journal of Law, Commerce + Technology".
Volume 6
Issue 4
Spring 2011
| Article | Title | Author |
|---|
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 273 |
United States v. Berger: The Rejection of Civil Loss Causation Principles in Connection with Criminal Securities Fraud
abstract
full article
|
James A. Jones II |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
Federal circuit courts offer conflicting interpretations of when an employee violates the Computer Fraud and Abuse Act (CFAA) by accessing an employer’s computer system without authorization. Enacted originally as an anti-hacker statute, the language of the CFAA proves ambiguous when courts attempt to apply its sanctions to individuals given access to a computer (such as an employee by an employer). Circuit Courts have interpreted the statute differently, generally applying one of two theories to reach their interpretations: (1) agency theory; or (2) looking to the plain language of the statute and the rule of lenity. These differing interpretations have resulted in varying outcomes when employers seek to sanction employees for violating the Act. Employers face tough questions about when and how to seek sanctions when employees potentially violate their rights of computer access. This Article takes an in-depth look at the varying interpretations among the circuits and considers a number of district court cases and their application of the CFAA.
full article
|
Amber L. Leaders |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
Issue 3
Winter 2011
| Article | Title | Author |
|---|
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 185 |
Standardizing Warhol: Antitrust Liability for Denying the Authenticity of Artwork
abstract
full article
|
Gareth S. Lacy |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
Issue 2
Autumn 2010
| Article | Title | Author |
|---|
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 111 |
Outsider Hacking and Insider Trading: The Expansion of Liability Absent a Fiduciary Duty
abstract
full article
|
James A. Jones II |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 143 |
Location Surveillance by GPS: Balancing an Employer’s Business Interest with Employee Privacy
abstract
full article
|
Kendra Rosenberg |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
Issue 1
Summer 2010
| Article | Title | Author |
|---|
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 33 |
Mobile Marketing Derailed: How Curbing Cell-Phone Spam in Satterfield v. Simon & Schuster May Have Banned Text-Message Advertising
abstract
full article
|
Gareth S. Lacy |
| 49 |
Communications Decency Act Provides No Safe Harbor Against Antifraud Liability or Hyperlinks to Third-Party Content Under the Securities and Exchange Act
abstract
full article
|
Sheri Wardwell |
| 67 |
Stevens v. Publicis: The Rise of "No E-Mail Modification" Clauses?
abstract
full article
|
Stephanie Holmes |
| 83 |
Trusting the Machines: New York State Bar Ethics Opinion Allows Attorneys to Use Gmail
abstract
full article
|
Kevin Raudebaugh |