IUP: Magazines, Journals, Books

State Cyberspace Jurisdiction and Personal Cyberspace Jurisdiction in Cyber Crimes and Cyber Torts

-- Georgios I Zekos

A cyber crime or cyber tort may come within the cyberspace territorial jurisdiction of many states, as it may involve multiple victims living in the real world. This article studies the novel concept of correlating traditional jurisdiction aspects with cyberspace jurisdiction for the purpose of trying cyber offences. The determining principles and factors that justify the exercise of jurisdiction by a State for a cyber crime have been identified in the paper. The author strongly feels that conventional notions of the jurisdiction can well be applied to the new cyber-environment by correlating both the State cyberspace jurisdiction and personal cyberspace jurisdiction because, though the forum is new, the parties still exist in physical space and are not electronic personas.

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Impact of USA Patriot Act on Cyber Privacy: A Revisit

-- Basanth T

The USA Patriot Act, essentially an anti-terrorism legislation, was enacted in 2001, post-9/11 terrorist attack in the United States of America. The Act gives sweeping powers to the government as well as to the intelligence agencies, both domestic and international, to intercept communications relating to investigations regarding terrorist activities. But the Act has been mired in controversies ever since the date of its enactment as it confers arbitrary powers on the surveillance authorities to inspect even communications of innocent people, thus invading their fundamental right to privacy. Hence, the Act has been condemned as violating constitutional rights. Some provisions of the Act expired on December 31, 2005 and the government has since then extended the Act twice to keep it active. Now, the controversial provisions are set to become permanent with the government acquiring the approval of the Congress. This article studies the impact of the Act on the cyber privacy of individuals.

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United States vs. Councilman and the Scope of the Wiretap Act: Do Old Laws Cover New Technologies?

-- Dorothy Higdon Murphy

This article encompasses the oft-posed question of suitability of laws of the bygone era to the present technology-savvy society. The focus is on the scope and relevance of the Wiretap Act, and the problems faced by the courts in interpreting the Act, and applying it to practical circumstances. The complexities of interpretation of statutes are also presented.

Using Trademarks as Location Tools on the Internet: Use in Commerce?

-- Sarah J Givan

Pop-up and key word advertising has becoming the order of the day in the world of E-business. The enterpreneurs are resorting to all kinds of ways to attract the attention of the consumers, and in the process, the trademarks of competitors often become the source of their advertisements. This article deals in detail the issue of use of trademarks as location tools and its legality or otherwise in the light of decided cases.