Publications and Announcements

Reviving Informed Consent: Using Risk Perception in Clinical Trials

Health & Biotechnology

By: Dana Ziker The current doctrine of informed consent falls far short of its potential to serve as a valuable safeguard for human research subjects. Instead of providing a channel of communication between physician and subject, informed consent is a lifeless entity responsible for a large portion of the misunderstanding existing between these parties. Acknowledging risk perception principles may help transform the informed consent process into an effective communication of health risks. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0015

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Eldred v. Ashcroft: How Artists and Creators Finally Got Their Due

Copyrights & Trademarks

By: Shalisha Francis In regards to copyright the U.S. Constitution states: “Congress shall have the power . . . to promote the Progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” The intellectual property clause was added to the Constitution because of the recognition of the importance of balancing both an author’s interest in protecting their creative works with the public interest in maintaining a method by which those same works could enter the public domain. However, the ability to properly perform this balancing act has proven more difficult than anyone could have expected. A recent Supreme Court case has tipped the scales and given artists and creators their just due. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0014

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Is I-Voting I-Llegal?

CyberCrime

By: Brett Stohs The Voting Rights Act was passed to prevent racial discrimination in all voting booths. Does the existence of a racial digital divide make Internet elections for public office merely a computer geek’s pipe dream? Or can i-voting withstand scrutiny under the current state of the law? This i-Brief will consider the current state of the law, and whether disproportionate benefits will be enough to stop this extension of technology dead in its tracks. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0013

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Sealing the Coffin on the Experimental Use Exception

Patents & Technology

By: Jennifer Miller In a petition for writ of certiorari, Duke University requests that the Supreme Court reverse a Federal Circuit holding that, in its view, “seals the coffin on the experimental use exception for private universities.” This iBrief discusses the Federal Circuit’s decision in Madey v. Duke University and its possible effects on the progress of science. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0012

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Can the Internet Kill? Holding Web Investigators Liable for Their Criminal Customers

eCommerce

By: Mark Sweet As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer’s criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0011

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Do Not Advertise: The Current Fight Against Unsolicited Advertisements

Media & Communications

By: Dannielle Cisneros Have you ever received a phone call from a telemarketer during dinner? Do e-mails entitled “Protect Your Computer Against Viruses for $9.95” or “GET A FREE PASS TO THOUSANDS OF XXX SITES” annoy you? Are you tired of watching advertisements that continue after the posted start time for a movie? Many Americans are irritated with the amount of daily interruptions caused by the current lack of advertising regulations. In some instances, the advertisers shift their marketing costs to unwilling e-mail users or moviegoers. This article focuses on unsolicited communications and potential solutions to the seemingly endless problem of spam. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0010

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The E-Government Act: Promoting E-Quality or Exaggerating the Digital Divide?

eCommerce

By: Jaime Klima In passing the E-Government Act of 2002, Congress has promised to improve the technological savvy of federal agencies and make more public forms and records available online. However, the question is whether doing so will alienate those Americans who do not have Internet access. Will the Act exaggerate the gap between the Internet haves and have-nots that is known as the digital divide? This iBrief identifies the e-quality issues arising from the E-Government Act and argues that implementation of the Act, however well intentioned, may exaggerate the digital divide. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0009

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ICANN—Now and Then: ICANN’s Reform and Its Problems

International

By: Kim G. von Arx This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper’s main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely substitutes the administration of the DNS function without making changes to the normative infrastructure of the DNS. In light of the above, the paper argues that there is a need to declare independence from a one-entity controlled DNS. The suggested approach is to share authority over the root by acknowledging that countries that are accountable to their populations are the authorities for their own ccTLDs. Once technical and political independence has been achieved, the technical and, to some degree, political management of the DNS should be exercised through an international body. In order to initiate

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From Napster to Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International

International

By: Seagrumn Smith The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA’s and Motion Picture Association of America’s (MPAA) legal efforts against Kazaa, a foreign-based P2P provider, in an attempt to assess whether copyright in the digital age can survive beyond our shores. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0008

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Software Patent Law: United States and Europe Compared

Patents & Technology

By: Michael Guntersdorfer Software is a global business. Patents are increasingly the protection of choice; as a consequence, international software patent laws are of growing importance to software vendors. This article focuses on European patent law and how it differs from United States law in regards to software technology. Statutes and relevant case law of both unions are discussed and compared, providing an introductory secondary source for scholars and practitioners. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0006

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