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Abstract:
Online communities often provide significant support for those who seek it. Yet in order to take advantage of that support, users must frequently disclose sensitive information such as dating profiles, candid thoughts or even past substance abuse. What happens when other community members fail to keep this potentially harmful information confidential? Traditional remedies will likely fail to protect people when members of an online community violate the confidentiality of other members. In this article, I contend that promissory estoppel, an equitable doctrine designed to protect those who detrimentally rely on promises, can ensure confidentiality for members of online communities. The application of promissory estoppel via a website’s terms of use as a method for protecting disclosure has substantial advantages over tort-based, technological or contractual remedies. Under the third-party beneficiary doctrine or the concept of dual agency, these agreements could create a safe place to disclose information due to mutual ability to enforce promises of confidentiality.

privacy, confidentiality, online communities, social network sites, cyberlaw, technology, disclosure

Abstract:
The "fail-safe" triennial exemption provision of the DMCA has drawn both high praise and scathing criticism. This Article examines whether the provision is effective for its intended purpose: to serve as a countermeasure to the DMCA's anticircumvention procedure by protecting the ability of the public to engage in noninfringing uses of copyrighted works, such as fair use.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rulemaking provision to meaningfully counteract the adverse effects of the anticircumvention provisions of the DMCA. Specifically, the rulemaking procedure explicitly refuses to consider granting an exemption to a class based on the use of the work-a rejection of principles that compose fair use which one of the very doctrines the exemption provision was supposed to protect.

copyright, drm, dmca, fair use, anticircumvention, triennial rulemaking

Abstract:
This article addresses the judicially created defense to copyright infringement actions known as copyright misuse that limits attempts by intellectual property owners expand the monopoly granted to them or enter into IP agreements that restrain trade. It analyzes the current state of the doctrine and posits that some form of the defense will eventually be adopted in most jurisdictions. Currently, the doctrine's strengths outweigh its weaknesses, making it suitable to deal with actions taken by copyright owners who violate public policy. The doctrine is preferable in many situations to the potential remedies found in antitrust law, the fair use doctrine, or statutory creation. Indeed, the doctrine functions best as a "gap filler" between these remedies, and is most effective when other remedies are legally inapplicable or practically undesirable. Therefore, the doctrine stands not as a fix-all, but as an important mechanism in protecting society by aiding in the stasis of copyright law and the software industry - a stasis that is critical to support an increasingly necessary component of the United States' economic and technological infrastructure.

copyright misuse, antitrust, copyright, cyberlaw, licensing, technology

Abstract:
This article thoroughly explores In re: Sealed Case - No. 02-001, the first decision issued by the Foreign Intelligence Surveillance Court of Review. The Foreign Intelligence Surveillance Act (FISA) not only codifies the foreign intelligence exception to the Fourth Amendment warrant requirement, but also delineates a regulatory scheme through which law enforcement may overstep traditional bounds of Fourth Amendment privacy protection. The authors examine a broad range of issues including the court's justification for its decision and the analysis it used to uphold the USA PATRIOT Act's controversial modification of FISA. The authors argue that In re: Sealed Case effectively loosens restrictions on the use of evidence attained under FISA authorized warrants. This opinion will change the manner in which we consider Fourth Amendment rights particularly because increasing intrusions on privacy, such as wiretapping under the USA PATRIOT Act, are now considered non-violative of the Constitution.

Abstract:
This article discusses In re: Sealed Case - No. 02-001 to ask whether the FISA Court’s decision comports with the Fourth Amendment of the U.S. Constitution. The authors conclude it does not. Moreover, they take an in-depth look at FISA as amended by the USA PATRIOT ACT and conclude that there exists a regulatory scheme that allows law enforcement agencies to circumvent the Fourth Amendment’s protections against unreasonable search and seizure. Finally, the authors propose FISA be altered in a way that will satisfy the reasonableness requirement of the Fourth Amendment. Their proposal includes a two-tear system that differentiates between collecting information for foreign intelligence and criminal prosecutions.

FISA, Fourth Amendment, USA PATRIOT Act

Abstract:
"You already have zero privacy anyway. Get over it." With the FBI's new stealth surveillance tool, the "Magic Lantern," this quote is an understatement.

This article takes reader through a revealing journey of how the FBI, under the authority of the USA Patriot Act, conducts surveillance by using the most advanced technology such as the "Magic Lantern" and "Carnivore." The author first explains how these invisible keystroke logging software/worm/Trojan horse functions in acquiring the information for the FBI constantly and consistently over the Internet. Undoubtedly, the extend of individual's privacy invasion would be pervasive. Hence, the author discusses the constitutionality of the use of the Magic Lantern and Carnivore and the application of the Electronic Communications Privacy Act to the Magic Lantern. Despite such fears, the September 11th terrorist attack and war on terrorism changed the legal landscape of how such technology is evaluated.

In the end, the author seeks the wisdom from the courts and Congress. In balancing national security and personal privacy, the author hopes sufficient safeguards will be in place while "Magic Lantern" can bring its "Magic" to bring out the best of both worlds.

Magic Lantern, Fourth Amendment, ECPA, USA Patriot Act, keystroke logger, virus, FBI