The Law And Emerging Technology

Technology affects all areas of society, forcing changes in a range of laws. Advances in computer technology have resulted in a new brand of cyber crimes such as computer fraud, computer hacking, email spam, pornography (especially when it relates to children) and stalking online. But it doesn’t just limit itself to computer related crimes. The new wave of digital recording devices create issues with privacy and

The Justice Department maintains that the most critical concern involved Microsoft’s agreement to license a code to other companies, which allows rival products to communicate with Windows software. As of January 17, 2004, only eleven companies have chosen to license this code, most of which are not much competition for Microsoft. In addition, many companies are accusing Microsoft of demanding unreasonable fees and tedious restrictions for the code license (Krim, 2004).

|Bob Barr. "The Cybercrime Treaty Threatens Civil Liberties." Opposing Viewpoints: Cyber Crime. Ed. Louise Gerdes. Detroit: Greenhaven Press, |

Personal jurisdiction isn’t the only thing that the courts will look at it. They will also look at minimum contacts. Minimum contact is a nonresident defendant with the forum state that is sufficient for jurisdiction over the defendant to be proper. A lack of minimum contacts violates the nonresident defendant’s constitutional right to due process and “offends traditional notions of fair play and substantial justice” (Inm, 1992) (Min, 2001-2016).

Windows, a program that was created in 1983, but did not change the market significantly until 1990, has grown to control 94.1% of the operating system market (Newman). This has required other companies in the software industry to make all of their applications Windows compatible. Critics claim that Microsoft systematically eliminated all competition of other operating systems and software manufacturers. Microsoft also controls a large part of the software industry. According to sales from April 2002, Microsoft sold 89% of office software to consumers (Washington Post). Microsoft bundles these applications with the Windows operating system, which is, according to them, an effective technique. Critics assert that this forces other makers of office software, like Corel, to lose business, because consumers will not buy another application if one is already pre-installed. Critics point to the proposed 1995 merger between Microsoft and Inuit which ultimately failed. Inuit is the maker of the best-selling money management

Criminal cases, personal jurisdiction refers to a courts authority to try a defendant for violating the state’s criminal law. Personal also deals with traditional crimes against a person such as assault, rape, or murder. (Fradella & Neubauer, 2011 p. 61) A major advantage that courts take in personal jurisdiction is the long arms statute. This statute allows any court to reach out over long distances and obtain jurisdiction over anyone who is not present in the claim. An example of this was used in the Hanson v. Denckla case where the defendant purposely invokes its self from the protection of the state. So the courts use the “long distance statute”. There are many reasons to use personal jurisdiction when it comes to the courts and there are three types of these jurisdictions. (Farlex, personal Jurisdiction)

Jurisdiction refers to a courts power over property within its geographical boundaries. The court cannot use jurisdiction unless the defendant has minimum contacts within the state where the court is located. Minimum contacts is legal term for a defendant from one state that can be taken to court in another state for a civil case due to the defendant's unlawful actions, which was committed in the state where the court exist. Minimum contact requirements are associated with the Fourteenth Amendment right of due process. Most case are resolved on a case by case basis after a consideration of all the facts. A decision on jurisdiction may depend on one or more different factors not present on other cases.

Daniel Solove, a professor who specializes in internet privacy law, wrote this book to give his personal take on how the internet was transforming the way people connect through social mediums and how that could change in the future. An important thing to note about this book is that it was published in 2007, so some of the social and technological aspects of the book are slightly dated. Regardless of this though, this book provides an inquisitive perspective on the dynamic nature of the internet as a vessel of our society’s changing norms on privacy in the social sphere. Many of our learning points in class relate to topics discussed in this book and help to strengthen the context and significance of the underlying message.

Technology is the persistent application of information in the design, production and use of goods and services, and in the organization of human activities. Criminal Justice is the system of law enforcement, involving police, lawyers, courts, and corrections, used for all phases of criminal procedures and penalty. As technology is used in the organization of human activities and criminal justice deals with the criminal aspects of humans it constantly unites these two things. As technology advances, so will it is use in the field of criminal justice. These advancements are necessary to help keep up with the growing and evolving world, but it is also necessary to make sure that this type of technology does not begin to infringe on a person’s individual civil liberties.

Today, society is affected by the many advances in technology. These advances affect almost every person in the world. One of the prevalent advances in technology was the invention and mass use of the Internet. Today more than ever, people around the world use the Internet to support their personal and business tasks on a daily basis. The Internet is a portal into vast amounts of information concerning almost every aspect of life including education, business, politics, entertainment, social networking, and world security. (idebate.com) Although the Internet has become a key resource in developing the world, the mass use of Internet has highlighted a major problem, privacy and the protection of individual, corporate, and even government

First, Microsoft ‘encouraged’ Compaq, Apple, and other computer manufacturers to promote only Internet Explorer, and to make that the default browser on their PC. This encouragement came in the way of threats to eliminate or delay licensing of operating systems, providing the browser for free to internet access providers, and bundling the software with the operating system under the guise of interactive ease for the consumer. This manipulation led to an increase in the browser’s sales by 45 to 50%, which paralleled the decline Netscape experienced in their market sales in 1998.6

A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC.

On a more global level, international agreements such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights protect the privacy of individuals around the world. We see that in order to protect the fundamental privacy rights of individuals, laws have been established on both local and global scales. Therefore, it follows that laws are also necessary to protect the information of individuals in the electronic environment.

In the first case, personal jurisdiction is one of the two forms of jurisdictions that a court must consider before hearing a case.

Privacy concerns on the web have become an undesirable consequence that people face with cyber technology. The ability of computers to gather and store unlimited amount of information from the internet raises privacy issues concerning an individual’s informational privacy. A person’s right to informational privacy is the ability to control the flow of their personal information, including the transfer and exchange of that information. An invasion of informational privacy denies people the right to control who accesses their personal information. Many internet users are unaware that they are more likely to compromise their privacy when using the internet services such as search engines and social networking sites. The internet provides access to an incredible amount of information from all over the world. Some internet users use the internet exclusively as a source of information while other internet users use the internet to create and disseminate information for others to use. However, the vast amount of information floating on the internet would not