The Illinois Business Law Journal

Cyberbullying: A Modern Problem

    A girl kills herself because she finds out the boy she liked on MySpace.com (“Myspace”) was actually a couple of girls, allegedly assisted by their parents, making fun of her. [1]  Another teenager is lured to a girl’s home and beaten repeatedly in retaliation for comments made on MySpace.com, while the beating is filmed for posting on MySpace. [2].  These events and others have highlighted the lack of adequate criminal laws about online harassment and online bullying – sometimes called cyberstalking or cyberbullying.
This article will examine the recent cases of cyberbullying, address examples of current laws that deal with cyberbullying and cyberstalking, and, finally, explain what needs to be changed about current laws to address the developing criminal area of cyberbullying.

Evaluating E-Discovery Software Vendors: Important Questions to Ask

I.  Introduction
    Lawyers face many challenges in the litigation process.  Many of these challenges present themselves during the discovery process, which can be incredibly expensive. [1] With the ubiquitous nature of current technology, especially in the business world, the discovery rules have had to adapt.  New rules, the electronic discovery (“e-discovery”) rules, in the Federal Rules of Civil Procedure account for discovery of electronic documents. [2]  Attorneys have had to adjust to these new rules by learning a novel language, and familiarizing themselves with how to obtain such electronic information from their clients and what kinds of information to ask for from opposing counsel. [3]
    One way attorneys can adapt to these new rules and attempt to discover all relevant documents at a lower, efficient cost is to invest in e-discovery software.  Many different vendors, such as Attenex, have software specifically designed for attorneys and their discovery needs. [4]  Different types of software can search through computers, databases or hand-held devices for a variety of documents, pictures, data and other files that are relevant to the lawsuit.
    This article provides a guide for lawyers searching for ways to make e-discovery easier by choosing an e-discovery software vendor.  The first step when evaluating vendors is to find one that has the necessary combination of legal and technical knowledge.

Wikileaks: A Cutting-Edge Journalistic Tool or An Affront to Business Privacy?

I.  Introduction

          Wikileaks.org, a website dedicated to compiling leaked documents from governments and corporations, has sought to hold large-scale entities more accountable for their actions through greater transparency of information. [1]  However, by publishing sensitive information it believes to be in the public interest, coupled with the fact that the site has a completely anonymous user base, the site has aroused the ire of international governments and businesses alike. [2]  A recent lawsuit by a Swiss bank in which the bank sought (and briefly received) a permanent injunction to shut down Wikileaks highlights how much controversy the site has generated in its relatively short life span. [3]  While some critics try to paint Wikileaks as a site that engenders illegal activity and as a site that is a threat to privacy, neither claim can be properly substantiated. [4]  Though Wikileaks is controversial, most forms of speech displayed on the site are protected by the First Amendment. [5]

Can a Reasonable Expectation of Privacy Exist in Cyberspace?

          Privacy has been defined as retirement and seclusion, or as “the state of being free from unsanctioned intrusion.” [1]  This evokes thoughts of physical space. [2]  One may expect to have privacy behind the closed doors of their own home, though a nosey neighbor may be able to peer through a window and violate that expectation of privacy.  Privacy is rarely a guarantee, in this high technology age of advanced surveillance, [3] but most people can feel fairly confident that they can secure a certain physical space where they can be alone and undisturbed.  What happens, however, when the walls, doors and windows are removed and cyberspace becomes the means by which private acts take place, or private thoughts are divulged?  Do people have an expectation of privacy with regard to using the internet socially, and should they?  This article will discuss the difficulty of applying traditional privacy tort analysis to online social networks (“OSNs”) such as MySpace, YouTube and Facebook, [4] and offer some thoughts on a recent proposal to amend the analysis to reflect both physical and cyber privacy.

Privacy Implications of Radio Frequency Identification Technology

   Before Mrs. Jones leaves work on a typical Tuesday, she goes to a familiar Web site where she can view the items left in her refrigerator to determine if she needs to stop by the grocery store.  She is completely out of milk and some other items, so she plans a trip to the store.  Double-checking to make sure her children arrived safely at home, she sees on the Web site that they both got off the bus on time and are in the living room, probably watching television instead of doing their homework.
    As she walks toward her car on the way home, a billboard greets her, “Good evening, Mrs. Jones!” and displays a pair of jeans she might be interested in – the same brand of jeans she bought a couple of months ago.  In her car, she drives through the parking garage exit without handing anyone money - the arm automatically lets her out.  At the store, she is greeted again with her name and the shopping cart she grabs tells her what she bought last time and what aisle each item is in.  Upon arriving home, her doors unlock automatically so she do not have to dig out her keys while she carries the grocery bags. 
    This scenario is made possible through radio frequency identification (RFID).  It may seem incredibly futuristic, but the truth is that the technology is closer than one would think.  RFID technology offers incredible possibilities for efficiency and convenience for both businesses and consumers, but also raises important privacy concerns.

International Business Travelers Beware

I.  Introduction

          Picture yourself in the shoes of Maria Udy, a marketing executive working for a travel management firm in Maryland. [1]  Udy, a British citizen traveling from Washington D.C. to London, was pulled aside by a federal agent because he had "a security concern" with her. [2]   She was presented with a frustrating choice:  hand over her laptop for the agent to search or miss her flight. [3]  In a similar incident a tech engineer, a U.S. citizen who chose to remain anonymous for fear of calling attention to himself, was pulled aside by a federal agent who demanded that he log into his computer so that the agent could search it. [4]  The engineer protested, as the computer belonged to his corporation, but he logged in and watched in dismay as the federal agent copied down each of the websites he had visited. [5] Sadly, these incidents are far from isolated. [6]

eLawyering and the Unauthorized Practice of Law

          The legal profession has been criticized for not keeping up with technological advances [1], arguably leading to less efficiency in the practice of law.  Websites like LegalZoom.com and LegalAdviceLine.com are at the cutting edge of changing that. [2]  While most law firms, especially those in large cities, have basic websites outlining the firm’s area(s) of expertise, displaying recent press releases, and even giving biographies of the attorneys in order to attract more business, some legal web pages have taken a more interactive approach. [3]  These interactive websites offer a variety of “do-it-yourself” services, from answering specific legal questions, to incorporating a new business, to quickly producing documents such as basic contracts and wills at a fraction of the cost of obtaining a lawyer’s services. [4]  While the thought of saving money on attorneys fees may initially seem attractive, and even though these websites are generally used for very basic legal needs, online legal aid may cross the line between self-help and the unauthorized practice of law. [5]  The following article will discuss the inherent costs and benefits of having this form of legal advice available.

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 their associated genes are already patented [7], making genes a highly lucrative business commodity. [8]  However, should there be property rights associated with genes?  In the wrong hands, these potentially altruistic technologies may create an Orwellian society where the government and/or large corporations may legally infringe on our traditional notions of civil liberties in the pursuit of capitalist ends.  [9]  Where should we draw the line?

Instant Messages: An E-Discovery Nightmare?

I.  Introduction

          Instant Messages (IMs) have become an increasingly popular method of communication, both in the personal and business world. [1] They have the benefit of being an efficient, rapid and oftentimes free means of communication. [2] IMs are often candid and free-form, and when users close their IM dialogue box when the conversation ends, the chat session generally disappears and is not recorded. [3]  However, with the advent of the e-discovery amendments to the Federal Rules of Civil Procedure (FRCP), many electronically stored documents have become subject to discovery in litigation. [4] While Word documents, Excel spreadsheets and e-mails are accepted as discoverable documents for litigation purposes, it is unclear whether IMs can and should be requested during the discovery process. [5] This article will explore issues related to the discoverability of instant messages and will ultimately suggest that businesses employ techniques to closely monitor employee use of instant messages to prevent a “smoking gun” IM from costing employers millions of dollars in court.

International Personal Data Protection and Its Redress

I. Introduction

Personal data protection may be of concern anywhere, anytime in this information society.  It is common to submit personal information to create digital identification or authorization to perform certain kinds of online activities, such as an electronic transaction. [1] In addition, all Internet traffic may be automatically tracked and restored by the visited website controller using Cookies technology or equivalent softwares. [2]  There is a strong incentive to collect and store the data because it is valuable for business purposes in offering customized service and it is easy and cheap to do so. [3]  However, it has not been guaranteed that data collectors manage the personal data in an appropriate manner.  Thus, it has drawn the interests of the international society to establish personal data protection principles and have an effective redress or resolution method in case of breach.