computer – Page 2 – Boston College IPTF Journal

2020 Technology Law

Hackback to the Drawing Board: Ambiguity and Risk in the Active Cyber Defense Certainty Act

Robert Andrea Cyber criminals, both state-sponsored and unaffiliated, are targeting private corporations and individuals more frequently. For several years, there have been calls for legislation that would allow private entities to defend themselves in cyberspace by “hacking back” against their attackers. The Active Cyber Defense Certainty Act is a recent proposal to amend the Computer Fraud and Abuse Act to permit private entities to take active defensive measures without exposing themselves to criminal liability. Although a well-intentioned proposal, the bill uses vague language to identify when, and against whom, private entities can take defensive measures. Enabling private entities to begin...

Get Out of My Head: An Examination of Potential Brain-Computer Interface Data Privacy Concerns

Kevin Y. Li Brain-computer interfaces (“BCI”), which interpret brain impulses and translate them into real world outputs, currently exist in a variety of forms. With the continued development of BCIs and their increasing complexity, privacy issues will arise in regards to the data that they collect. Existing federal statutes, such as HIPAA, as well as state data privacy statutes offer some protection to BCI users, but it remains to be seen whether these laws will be sufficient to accommodate the amount and sensitivity of the data likely to be generated by future BCIs. Lastly, this article explores the possibility of...

2018 Copyright

Blockchain and Copyright: Vain Hope for Photographers?

Jason Kim Blockchain technology has near unlimited application potential, and its influence could extend all the way to the copyright industry. For photographers, blockchain technology might serve as a safe and efficient tool to detect infringement. However, this notion must be treated with caution. Blockchain’s security applications are indeed a valuable prospect, but the technology has critical flaws that prevent it from becoming the panacea for photographer. Read Full Text Here

2017 Copyright

Copyright Issues and Implications of Emerging Virtual Reality Technologies

Lauren E. Beausoleil Virtual reality (“VR”) technologies allow users to experience three-dimensional, multi-sensory environments (“virtual worlds”). This new and rapidly-developing technological platform is promising, but does not come without legal challenges. Issues regarding copyrights for virtual worlds and creations within those worlds can be expected. This article involves an exploration into potential application of copyright law to virtual reality technologies, focusing on what might be protected by copyright, potential infringement challenges, and how enforcement of these copyrights might play out for both users and developers. Read Full Text Here

2013 Technology Law

Keep an I on the Sky: E-Discovery Risks Forecasted for Apple’s iCloud

Daniel Carmeli Some things have not changed since the fire of March 14, 1873. The competing interests of clients seeking convenient storage on one side against providers seeking protection from liability on the other continue to pervade the legal landscape. Naturally, some things have changed, such as the items being stored, the nature of the storage facilities, the associated risks, and the rules governing preservation obligations. Physical property has been replaced with electronically stored information (“ESI”) and warehouses now take the form of remote data servers. And in addition to longstanding conventional risks, such as accidental fire, companies now face...

2009 Technology Law

The Edge of Ethics in iParadigms

Michael G. Bennett In an attempt to stem a perceived rise in student plagiarism, educational institutions are increasingly turning to anti-plagiarism technologies. The use of these technological means to police student writings has been controversial, socially, politically, and legally. This article discusses the outcome of A.V. et al. v. iParadigms, to date the most important opinion on the legality of such technology’s use. The author examines the case in detail and presents arguments against the technology’s use, on the grounds that such use undermines educational policy by allowing the ethics of teachers to become a by-product of available technological means and...

2008 Technology Law

Warrantless Search and Seizure of E-Mail and Methods of Panoptical Prophylaxis

Paul Ham U.S. citizens are in a constant battle for their rights to privacy, fighting the government’s increasingly pervasive surveillance and justicial needs. One area where court opinions conflict with the public’s expectation of privacy is over the realm of personal electronic communications. The general public believes electronic communications must be afforded a certain level of privacy that is not currently recognized by case law or statutes. Under current case law, warrantless searches and seizures of your personal e-mail are not prohibited by the Fourth Amendment. The Fourth Amendment should be your source for protecting your e-mails when you are...

2008 Technology Law

An Analysis of the Video Game Regulation Harmonization Effort in the European Union and Its Trans-Atlantic Chilling Effect on Constitutionally Protected Expression

Kyle Robertson Video games have become a prominent pastime for both children and adults in the United States (U.S.) and across the European Union (EU). Today, individuals are spending more time and money on electronic entertainment than ever before. In addition to similar video game consumption habits, violent, pre-meditated murders by video game players have stunned both the United States and Germany. As a result, legislators in both countries have taken action in attempts to restrict minors’ access to violent video games. The results have widely differed between the two countries, with the United States electing to treat video games...

2007 Trade Secret

Saving Trade Secret Disclosures on the Internet Through Sequential Preservation

Elizabeth A. Rowe When, for instance, an employee discloses an employer’s trade secrets to the public over the Internet, does our current trade secret framework appropriately address the consequences of that disclosure? What ought to be the rule which governs whether the trade secret owner has lost not only the protection status for the secret, but any remedies against use by third parties? Should the ease with which the Internet permits instant and mass disclosure of secrets be taken into consideration in assessing the fairness of a rule which calls for immediate loss of the trade secret upon disclosure? The...

2007 Technology Law

An Exploration of Rights Management Technologies Used in the Music Industry

Nika Aldrich On November 19, 2005, the Attorney General of the State of Texas filed a lawsuit against Sony BMG. This action was followed promptly by class action lawsuits in California and New York. Nine actions from New York, one from California, and one from New Mexico were involved in the consolidation action of April 2006. Elsewhere, a complaint to the Federal Government was filed in Italy against Sony BMG. With this flurry of lawsuits, the term, “Digital Rights Management” was thrust into the court system. As the consolidated action settles and the term “Digital Rights Management” makes its way...

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