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PUBLICATIONS
| Cite as: J. High Tech. L. |
| Susan W. Brenner & Bert-Jaap Koops |
| Brenner and Koops' article examines several states' and countries' approaches to establishing jurisdiction in cybercrime cases. They explain that the term “jurisdiction” encompasses several discrete concepts, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. Their survey of cybercrime statutes reveals many differing approaches to establishing jurisdiction, including jurisdiction based on territorial claims, e.g., the location of the act, computers, victim, or the effect; jurisdiction based on personality claims, e.g., nationality of the perpetrator or the victim; and jurisdiction based on other theories including the Protection Principle or a claim of Universality. Finally, the authors examine the effects of clashes in jurisdiction clauses, including situations where no state or country claims jurisdiction and situations where more than one state or country claims jurisdiction. |
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| Susan S. Kreston |
| The ability to create virtual images has presented new legal challenges, particularly in the area of child pornography. In her article, Kreston analyzes the effects that the recent Supreme Court decision of Ashcroft v. Free Speech Coalition has had on child pornography prosecutions. Ashcroft and its progeny now require the government prove (1) that the image is that of a real child, as opposed to one that is entirely computer generated or virtual, and (2) that the defendant possessed the requisite intent to commit the crime, that is, that the defendant knew that the image was real. Kreston's article suggests several approaches that a prosecutor may use to successfully prosecute child pornography cases in light of this “virtual defense” that the image was computerized rather than real. |
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| Marc Simon |
| Simon's article analyzes the constitutionality of the newly enacted Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act). The CAN-SPAM Act, which took effect on January 1, 2004 , is the first federal law to attack the wave of spam that has overwhelmed email during the past decade. Simon establishes defenses for the Act against likely First Amendment commercial speech challenges to the Act's labeling requirements for spam, the Act's creation of a national do-not-e-mail registry, and the Act's increased labeling requirements for sexually oriented unsolicited commercial email (UCE). Simon concludes that, although the CAN-SPAM Act should be upheld as constitutional, practically speaking, the Act may not be effective in reducing spam due to the difficulties in locating senders of illegal UCE. |
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| Jennifer Hurley |
| Hurley's note tackles the organ donation supply problem in the United States : the demand for organ donations greatly exceeds the supply of organs that are available for transportation. The note b egins by exploring the various current legislative responses to organ donation issues. Next, Hurley discusses several new proposals aimed at increasing the supply of organs, specifically, proposals to legalize financial incentives to donors. Hurley argues that this legislation should not be enacted and that offering valuable consideration for organs and human tissue will only serve to exploit the poor and indigent. Instead, Hurley suggests that a better solution would be turning to creative incentives, such as those currently offered by the Lifesharers program. |
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| Christina Jackson |
| Jackson 's note analyzes the paradigm shift and the United States ' position on contemporary money laundering issues in light of the events of September 11, 2001 and their aftermath. Jackson begins by presenting a definition of money laundering, discussing its three stages: placement, layering, and integration, and discussing its implications. Jackson provides an overview of the United States' regulations that were enacted to combat it, including the Bank Secrecy Act of 1970 , t he Money Laundering Control Act of 1986 , and the USA PATRIOT Act of 2001, and an overview of the domestic and international agencies that exist to fight it, including the Financial Crimes Enforcement Network , the Financial Action Task Force , and Operation Green Quest. Finally, Jackson addresses modern means of compliance and avoidance, recent enforcement efforts, and recent judicial decisions in the area. The note provides a thorough overview of k ey aspects of the money laundering battle, its evolving nature and processes, modern methods to combat it, and the international government and economic cooperation that it entails. |
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| Jeremiah Johnston |
| Johnston 's note begins by providing a definition of spectrum technology and discussing the history of spectrum regulation in the United States , beginning with Congress' creation of the FCC in 1934, and ending with the current state of the law. He discusses that, due to the ever-increasing demand for spectrum access and continuing advances in wireless technology and applications, the current FCC management model has become outdated and inflexible. Johnston compares two current proposals for a new FCC model for spectrum regulation: an expanded auction system based on a property law theory of exclusive rights where the spectrum is parsed into proprietary slices, or an open spectrum system based on treating the spectrum as a digital commons free for all to use. The note suggests possible consequences either system may have on public policy, technological innovation, and competition in the respective markets. |
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| Craig Meyers |
| Rogue Internet pharmacies are pharmacies that either dispense drugs without a prescription, or refer the customer to an online prescription service, or provide a consultation prior to prescribing and dispensing a prescription, and have become increasingly popular since 1999. Meyers' note discusses the risks and benefits that these pharmacies present to consumers that use them. He discusses current federal regulation of rogue pharmacies, including regulation by the Food and Drug Administration, the Drug Enforcement Administration, and the Federal Trade Commission, as well as steps that private organizations and pharmaceutical companies such have taken to reduce online distribution of drugs. Meyers then provides an overview of the federal Racketeer Influenced and Corrupt Organization (RICO) laws, describes the elements of a successful claim, and presents the advantages to using it to combat rogue pharmacies. Meyers concludes that RICO is a practical option for states to protect their citizens and to better regulate online pharmacies within their boarders. |
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| Marren Sanders |
| Sanders' note considers microchip implantation and its potential application for tracking U.S. military personnel, specifically, those classified as missing in action (MIAs). Sanders begins by describing the subdermal microchips and their current uses. Next, she examines the legal, moral, and ethical implications that their implantation into U.S. military personnel may present. She considers their implications on enlistment and identification, discharge and administrative separation, constitutional concerns, the military criminal justice system, and tort claims. Lastly, she examines the future of “chipping” military personnel and its feasibility to solve the mystery of future American MIAs' identification, location, and physical condition. The note concludes that chipping likely could lead to a society where the status of MIA no longer exists. |
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| Alexei Tymoczko |
| Tymoczko's note compares the basic principles underlying the requirements of gift delivery and contract consideration with the basic principles underlying the seal. He examines the history of the seal and the problem of inconsistent holdings based on legal form, and suggests a technological solution to the problem of inconsistency. Further, he examines technologies related to authentication, such as watermarks and digital signatures, to transmission, such as various high-speed data methods, and to storage technologies, including the current use of banks and registries, and suggests how future gifts could be effectuated combining a legal theory (either old or new) with technology. Tymoczko's suggests that the use of modern technology could solve both the historical vulnerabilities of the seal and the modern inconsistencies in effectuating a future gift. |
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