“Second Life” Challenges the Boundaries of Law in Cyberspace

I.  Introduction
Virtual reality is fast becoming a mainstay in today’s modern culture of computer savvy citizens all over the world.  [1]  It is a concept of real time and space existing within a construct comprised entirely of a dynamic, streaming assembly of 1’s and 0’s of binary programming language, translated into an individual’s online world.  As the complexity and realism of these interactive virtual playgrounds increase, users have adapted a plethora of entrepreneurial opportunities that test the legal boundaries of laws throughout the world, including those of the United States.  [2]   

As esoteric as the concept of a body of law existing in a domain lacking a tangible, physical existence may seem, society is now witnessing the birth of an age where laws do exist in virtual worlds.  These laws are continually evolving and adapting to the breakneck speed at which technology pushes the envelope forward.  [3]  But where

Read the rest

FMRI and DNA Gene Sequence Mapping Provide Promising Technologies with an Orwellian [1] Price Tag

I. Introduction

 

Functional Magnetic Resonance Imaging (FMRI) and DNA sequence mapping provide technologies that offer society unprecedented benefits, but at a cost that we are only beginning to understand.  [2]  FMRI, for example, enables researchers to map the brain's neurons as they process thoughts, sensations, memories and motor commands. [3] This provides neurologists with the ability to detect early onset of Alzheimer's disease and other ailments without invasive surgery.  [4]  It also can be used as a next generation lie detector in that it provides an almost infallible insight into a person's thought process that detects deception, raising obvious concerns about our civil liberties and right to privacy.  [5]  

DNA sequence screening, on the other hand, involves the study of genes and the notion that they are determinative of an individual's behavior, character, and future medical problems.  [6]  Diseases such as Crohn's disease, night blindness, Lupus, and emphysema  and

Read the rest

The Rise and Fall of the Dot Com: Lessons for the Next Generation of Dot Com Hopefuls

I. Introduction      

In
the middle and late 1990’s, dot com companies were all the hype. [1]
However, when the dot com bubble unexpectedly popped in 2000, many
investors and stockholders were left asking, “Where did we go wrong?”
[2] While a few companies survived due to hard work, solid business
plans and faithful employees, most lower level employees and top
executives of internet companies were left jobless and in debt. [3]
This article will explore the history of dot com businesses and the
causes of the 2000 stock market crash, then it will discuss common
mistakes made by dot com entrepreneurs and will conclude with
suggestions for aspiring dot com business owners to ensure a successful
future for their businesses.

II. History

The
early 1990's marked the beginning of the dot com era. [4] As computer
games and interactive media became an integral component of the
industry,
Read the rest

The U.S. is “All In” and in Trouble: The U.S. Should Abandon Its Online Gambling Ban

          From gambling in the city of lights to gambling on the internet in your PJs at home, Americans love to wager their hard earned dollars on a variety of games.  Despite this fact, the U.S. Congress decided to place a ban on online gambling. [1] As a result, the United States went in front of the World Trade Organization (WTO) after Antigua complained of unfair commerce practices when it was prevented from engaging in transactions with U.S. consumers.[2]  The WTO sided with Antigua, finding that the U.S. did in fact violate its trade obligations to the world community, and the U.S. may now be face billions of dollars in damages.[3]  Even in light of this finding, the U.S. has passed the Unlawful Internet Gambling Act of 2006, which effectively criminalizes funding online gambling accounts. [4] In the face of strong opposition, will the U.S. back down

Read the rest

Domain Name System Management: For its Accountability and Transparency

I.  Introduction

No matter how it is emphasized, it may be difficult to describe the importance of the Internet in our daily lives.  It is very important to provide a secure service to connect domain names to the numeric computer identifiers, such as Internet Protocol (IP) addresses, for a stable internet exploration environment.  The service, coordinating (i) the allocation of identifiers for the Internet, (ii) the operation of the nameservers, and (iii) policy development on the domain name system (DNS) has been managed in a central manner by the Internet Corporation for Assigned Names and Numbers (ICANN). [1]  Due to its significant effects on the global society, ICANN, a Californian nonprofit public-benefit corporation, has been watched since its creation in 1998. [2]  However, it has still been controversial: Is ICANN accountable and transparent enough to manage the global DNS?

II.  Domain Name System (DNS) in the Internet

Each computer or … Read the rest

The Failure and Future of E-Voting in America

By: Aaron Moshiashwili

1. Introduction

On September 28, 2007, Judge Winifred Smith of the Superior Court of Alamada County, California, took the extraordinary measure of invalidating an election result – an event that has only happened once before in California’s history.[1] Measure R, originally voted upon in November 2004, was ordered back onto next year’s ballot not because of electoral fraud or force majeure, but because 96% of the results from the election had vanished.[2] There was not any suggestion of dastardly doings; no ballots mysteriously vanished; no warehouses caught fire under unusual circumstances. These ballots had vanished because in a very real way they never existed in the first place. The election deciding Measure R’s fate took place entirely on computerized voting machines.

In the middle of litigation over the fate of the election, the machines were returned to the manufacturers, without the data having been backed up.[3] It … Read the rest

Securing IP Interests Means Securing a Future for Your Business

 
        Starting a new business can be a scary venture, especially for an inexperienced entrepreneur. [1] However, adhering to one little known business fundamental can help make the process run as smoothly as possible. [2] Specifically, securing one's intellectual property ("IP") interests from the start can secure a solid future for a new business by ensuring more funding from venture capitalists and investors. [3] IP traditionally includes patent, trademark, copyright and trade secrets, all of which can be protected with the right legal knowledge or competent attorney. [4] This article explains the four types of IP interests, their advantages and disadvantages and the benefits of securing them during the start-up stage of new businesses. 
 
          When venture capitalists consider funding a business, the deciding
factor in whether to invest often rests with the availability of IP
interests like trade secrets.[5] A trade secret is defined as, “a
process,
Read the rest

Effective Redress for E-Commerce: A Case of eBay

As the Internet becomes part of our daily lives, electronic commerce (e-commerce) has been developed into one of major ordinary transaction methods.  However, despite of its rapid growth and wide popularity, e-commerce is still risky in nature, due to its anonymity, accessibility, diversity, and popularity. [1]  E-commerce is a double-edged sword: its features may benefit the online transaction environment or, conversely, harm the sound online transaction environment.  Its advantages, such as convenience and anonymity, are frequently abused and may cause online fraud, damaging e-commerce.  The seventh annual fraud survey reported online fraud would harm e-commerce by causing a loss of $2.8 billion out of e-commerce profits in 2005. [2]  In order to promote the constant growth of e-commerce, one must look to practical solutions.  One of the recommended solutions for e-commerce is effective redress. [3]

II. Redress offered by eBay

Redress is usually referred as “both reactive and proactive methods … Read the rest

Verizon v. Vonage: If Verizon Wins, Do We All Lose?

     Many of us enjoy those cheeky, and admittedly strange, Vonage commercials.  A substantial number of us are also drawn to the very low price of Vonage services as evidenced by the fact that Vonage has approximately 2.2 million users.[1]  For only $24.99 per month one can get their local and long distance phone service through the internet,[2] but recent events indicate that this price maybe too good to be true.  When deals like this come along, one may wonder how the company in question was able to charge so little and yet still turn a profit.  The answer to that question may be that Vonage has infringed on patents held by Verizon, turning a profit on technology they do not legally own, according to the United States District Court for the Eastern District of Virginia.[3]  While the trial has concluded and Verizon has won the first round, this

Read the rest

Sirius-XM “Merger of Equals” Faces Regulatory Challenge

SIRIUS Satellite Radio and XM Satellite Radio announced plans for a “tax-free, all-stock merger of equals” in which XM shareholders will receive 4.6 shares of SIRIUS common stock per 1 share of XM stock owned.[1]  The planned merger has raised eyebrows as to whether the Federal Communications Commission (FCC) will approve the combination, particularly as under a current FCC rule SIRIUS and XM are prohibited from acquiring each other’s licenses.[2]  Based on this FCC rule, one has to wonder whether this is termed a “merger of equals,” despite what looks like an acquisition of XM by SIRIUS, to evade harsher FCC scrutiny.

I.  Terms of the Merger… of “Equals”?

Although termed a “merger of equals,” this transaction appears to fit the model of an acquisition of XM by SIRIUS.[3]  For one, XM shareholders will receive a certain amount of SIRIUS stock in exchange for their XM shares[4].  Second, XM shareholders

Read the rest