Clear Signatures, Obscure Signs
Adam White Scoville There are two kinds of digital signatures: signatures good enough for a six dollar trade among friends, and signatures good enough for a six figure trade between strangers. This Article considers both, from the digital equivalent of an initialed placemat to secure verification techniques more like notarizations. Nationally and internationally, diverse groups and bodies have been propelling the development of digital signature and certificate authority regulation and legislation. This Article examines the need for such legislation, questioning the assumption that current law presents, at best, uncertainties or, at worst, outright barriers to the use of electronic records...
On-Line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation
Mark E. Harrington How fast has the Internet grown? At the end of the Reagan-Bush era, just six years ago, the world of cyberspace consisted of fewer than 50 World Wide Web sites, most of them used by computer scientists and physicists. Today the Internet is no longer just for researchers, and it is expected that within five years international commerce on the Internet could reach $3.2 trillion. The fact is that in the past 72 months the number of Internet users has risen from hundreds to millions of users, and is estimated by some experts to reach perhaps a...
Criminal Consequences of Trade Secret Misappropriation: Does the Economic Espionage Act Insulate Trade Secrets From Theft and Render Civil Remedies Obsolete?
Mark D. Seltzer; Angela A. Burns The enactment of the Economic Espionage Act of 1996 (“EEA”) was greeted with great fanfare as an unprecedented and broad federal attack on foreign and domestic trade secret misappropriation. Negligent, even inadvertent conversions of trade secrets seemed subject to criminal prosecution in the broad wake of the statute. The statute’s draconian criminal penalties for individual and corporate offenders alike, coupled with its license to the Government to seek protective orders, civil injunctive relief, and forfeiture, were viewed as the preferred remedy for the victim of trade secret misappropriation. Yet the plain language of the...