By: Seagrumn Smith Amidst what appears to be a multi-faceted attack by the European Union on Microsoft, the newest angle is the European Commission’s announcement last month that it was considering a formal investigation of Microsoft’s .Net Passport data processing system for possible violations of the European Union Data Privacy Directive. This iBrief explores the European Data Privacy Directive and seeks to explain why the European Commission believes .Net Passport may be in violation of its privacy policies and a case for further investigation. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0014
Author: dukelawtechreview
Software Patents: What One-Click Buy and Safe Air Travel Have in Common
By: Michael Guntersdorfer Have you ever sat in an airplane, typing on your laptop, when the darn thing crashes for the one-millionth time? Have you ever then thought about how the airplane you are sitting in is controlled by software, too–the technical term being “fly by wire”–and then started sweating uncontrollably? Software controls not only air traffic but plenty of other safety-critical technologies: the tightrope walk of controlling the chain reaction of radioactive elements in nuclear power plants; the navigation and activation of missiles;3 the moves and cutting-depth of a surgical laser when correcting eye-sights; the list goes on… With such reliance on software, malfunction due to errors in the program code becomes unacceptable. Software patents help heighten the standard by supporting the re-use of the code of established and tested systems. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0013
Customizing Conception: A Survey of Preimplantation Genetic Diagnosis and the Resulting Social, Ethical, and Legal Dilemmas
By: Jason Christopher Roberts One in six American couples experience difficulties conceiving a child. With fertility rates at an all time low, the business of treating infertility is booming. However, due to the United States prohibition on government funding for embryonic research, the $4 billion industry of assisted reproductive technologies (ART) has been incompletely monitored and largely removed from oversight. Additionally, due to the fervent abortion debate, in vitro fertilization (IVF) was introduced in the United States without a research phase and procedures have been forced to evolve in the private sector. Thus, the checks and balances on medical innovation that are generally imposed by the federal government for consumer protection are lacking. Decisions about when to go from the laboratory to the clinic are often left solely to the discretion of private physicians. Preimplantation genetic diagnosis (PGD) is just one of many such treatments offered by these clinics. This iBrief examines how, why, and to whom the reproductive procedure of PGD is offered. In addition, it evaluates the prospective effects to society that arise when PGD is used for sex selection and for nontherapeutic or enhancement purposes. Finally, it explores whether and how to regulate PGD in the United
Appropriate Aims: Setting Boundaries for Reprogenetic Technology
By: Dana Ziker Not too long ago, ten fingers and ten toes defined a successful birth. Not too far from now, ten fingers and ten toes will be just the beginning. Parents always hope for a healthy baby, and medical advances continue to help secure the fulfillment of this hope. But reprogenetics, a new combination of technology and science that allows us to choose the genes, and thus the traits, of the children we create, is raising new questions about what it means to have a healthy baby. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0011
Protecting Intellectual Capital in the New Century: Are Universities Prepared?
By: James Ottavio Castagnera, Cory R. Fine & Anthony Belfiore In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0010
The Extraterritorial Reach of Trademarks on the Internet
By: Yelena Simonyuk The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law? Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0009
The Enola Bean Patent Controversy: Biopiracy, Novelty and Fish-And-Chips
By: Gillian N. Rattray Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0008
An Interview With Caspar Bowden
By: Joseph Goodman Caspar Bowden (cb@fipr.org) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research (http://www.fipr.org), an independent non-profit think-tank that undertakes research on the interaction between information technology and society, technical developments with significant social impact, and public policy alternatives. He was formerly a consultant specializing in Internet security and e-commerce, senior researcher of an option-arbitrage trading firm, a financial strategist with Goldman Sachs, and chief algorithm designer for a virtual reality software house. We interviewed Mr. Bowden about combating terrorism in Europe and other issues related to European cyber-policy, such as the success of a European Internet and Information policy. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0007
Court Gives Thumbs-Up for Use of Thumbnail Pictures Online
By: Kelly Donohue In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit’s holding protects Ditto.com’s use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0006
Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the Emergency Anti-Terrorism Legislation
By: Caspar Bowden Caspar Bowden, Director of the Foundation for Information Policy Research (FIPR), explains the technical and legal context of unprecedented new surveillance capabilities, with particular reference to the UK’s Regulation of Investigatory Powers (RIP) Act 2000. He discusses why these powers are unlikely to be effective in detecting or disrupting the communications of terrorist cells or organized crime, but present significant new threats to the security, privacy, and freedom of expression of the law-abiding. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0005