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Google+I’ve begun to slowly add my notes, discussions, and reference materials from some of my law school classes, as an aid to my own study process and preparation for finals. Do not use for legal advice, consult an attorney for … Continued
Monthly Archives: April 2007
Open Access, Or, Why Have an Institutional Repository?
For the past decade or so, a number of scientists have argued that the World Wide Web offers a way to unlock the gates that was not possible when scientific results were conveyed solely by print-on-paper. Advocates of “open access” … Continued
Institutional Repositories: Who is Using What?
There are two main, freely available software packages that seem to be used to maintain institutional repositories: DSpace: DSpace Instances EPrints: Sites Powered by EPrints
Judge Upholds Award of Attorneys' Fees Against RIAA
So far, the RIAA has sued over 18,000 individuals for allegedly sharing music over the Internet. But the industry uses slapdash investigative methods to find its targets, and so innocent people as well as guilty ones can find themselves entangled … Continued
18 U.S.C. § 2709. Counterintelligence access to telephone toll and transactional records (Part VII)
Interestingly, “remote computing services” are not mentioned in this section. Instead, only “wire or electronic communication service provider[s]” must provide “subscriber information and toll billing records information, or electronic communication transaction records” upon proper certification by the Federal Bureau of … Continued
18 U.S.C. § 2703. Required disclosure of customer communications or records (Part VI)
As in 18 U.S.C. § 2702, both electronic communication services and remote computing services are explicitly addressed in parts (a) and (b), respectively. Part (a) provides the greatest level of protection against governmental access, as it requires “a warrant issued … Continued
18 U.S.C. § 2702. Voluntary disclosure of customer communications or records (Part V)
In contrast to Section 2701, Section 2702 does clearly include prohibitions on disclosure of the “contents” of a “communication” held by both electronic communications services and remote computing services. 18 U.S.C. § 2702(a)(1) and (a)(2). Exceptions on voluntary disclosure — … Continued
18 U.S.C. § 2701. Unlawful access to stored communications (Part IV)
A plain-meaning interpretation of 18 U.S.C. § 2701 (“Unlawful access to stored communications”) suggests that it applies only to “electronic communication services” and not to “remote computing services,” since the offense is defined with the following elements: intentional, access, without … Continued
Electronic Communication Services (Part III)
Electronic bulletin boards also fall within the realm of “electronic communication services.” See Kaufman v. Nest Seekers, LLC, 2006 U.S. Dist. LEXIS 71104, 16 (S.D.N.Y. 2006) (“An electronic bulletin board fits within the definition of an electronic communication service provider”). … Continued
Remote Computing Services (Part II)
[T]he term “remote computing service” is defined in the ECPA as “the provision to the public of computer storage or processing services by means of an electronic communication system.” 18 U.S.C. § 2711(2). The statute’s legislative history explains that such … Continued
Electronic Communication Services vs. Remote Computing Services (Part I)
In Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 875 (9th Cir. 2002), the Ninth Circuit wrote, “The legislative history of the ECPA suggests that Congress wanted to protect electronic communications that are configured to be private, such as email … Continued
Legal Issues with Institutional Repositories
I am just beginning to delve into legal issues related to institutional repositories. See, for example: Legal Issues for Institutional Repositories: An Overview (PowerPoint via Google). Obviously, I have more research and work to do in this area before being … Continued
UC Hastings Law School Evacuated
The events in Virgina seep across the continent: From: Dean Nell Newton Re: Security Threat Dear students, faculty and staff, Today we have received information from an internet discussion board regarding a copycat threat of violence to the Hastings community. … Continued
The Power of Gifts to Transform and Connect
The notion of a “gift economy” is an interesting one that brings the idea of non-economic connections into focus. Given that most of us spend most of our time in commercial, consumer-focused world, thinking about alternatives provides an interesting perspective. … Continued
EFF: Legal Guide for Bloggers
But here’s the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn’t use the law to stifle legitimate free expression. That’s why EFF created this … Continued
Legal Impossibility in Sherlock Holmes
It was in the spring of the year 1894 that all London was interested, and the fashionable world dismayed, by the murder of the Honourable Ronald Adair under most unusual and inexplicable circumstances…. For an instant he was rigid and … Continued
