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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
April 2007 / 1 min.
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 in an expensive and draining process. One recent victim was a woman who didn’t even […]
April 2007 / 3 min.
18 U.S.C. SS 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 Investigation.
April 2007 / 1 min.
18 U.S.C. SS 2703. Required disclosure of customer communications or records (Part VI)
As in 18 U.S.C. SS 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 using the procedures described in the Federal Rules of Criminal Procedure by a court with […]
April 2007 / 2 min.
18 U.S.C. SS 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. SS 2702(a)(1) and (a)(2). Exceptions on voluntary disclosure – such as in cases of emergency, statutory authorization, and some other situations – apply equally […]
April 2007 / 1 min.
18 U.S.C. SS 2701. Unlawful access to stored communications (Part IV)
A plain-meaning interpretation of 18 U.S.C. SS 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 authorization, to a facility through which an electronic communication service is provided. Alternate grounds for […]
April 2007 / 1 min.
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”). 18 U.S.C. ASS 2510(14) defines “electronic communications system” to mean “any wire, radio, electromagnetic, photooptical […]
April 2007 / 1 min.
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. ASS 2711(2). The statute’s legislative history explains that such services exist to provide sophisticated and convenient data processing services to subscribers and customers, such […]
April 2007 / 2 min.
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 and private electronic bulletin boards.” In general, the status of “electronic communication services”aEUR”such as providers […]
April 2007 / 2 min.
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 able to put something intelligent together.
April 2007 / 1 min.