The University of Washington School of Law today published the Spring 2011 issue of the Washington Journal of Law, Technology & Arts, the nation’s first student-run electronic law journal focusing on technology, commerce, and artistic innovation.
The Washington Journal of Law, Technology & Arts publishes concise legal analysis aimed at practicing attorneys. The Journal publishes on a quarterly basis. This quarter’s edition includes four articles by recent graduates of the law school on topics including:
- Affirmative Representations as a Limit on Immunity Under § 230 of the Communications Decency Act
- The Rejection of Civil Loss Causation Principles in Connection with Criminal Securities Fraud
- Deciphering “Authorization” Under the Computer Fraud and Abuse Act and How Employers Can Protect Their Data
- A Survey of the Digital Millennium Copyright Act’s Copyright Management Information Protections After All Headline News and McClatchey
This issue’s lead article, “Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity,” is written by Articles Editor Jeffrey R. Doty. The article describes how recent cases suggest that a defendant’s own statements may constitute an independent source of liability under the Communications Decency Act beyond the scope of § 230, which generally shields Web site operators from liability arising out of third-party content.
Associate Editor in Chief Jim Jones penned the second article, “United States v. Berger: The Rejection of Civil Loss Causation Principles in Connection with Criminal Securities Fraud.” Jones discusses the implications of the Ninth and Fifth Circuits’ diverging approaches to the use of civil loss causation principles for sentencing in criminal securities fraud prosecutions.
Managing Operations Editor Amber Leaders authored the third article, “Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data.” Leaders analyzes how different federal courts have interpreted the language of the Computer Fraud and Abuse Act when employers have sued former employees seeking damages for allegedly unauthorized access to computer systems.
Managing Submissions Editor Susuk Lim contributed the issue’s fourth article, “A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey.” Lim describes the current state of Copyright management information (CMI), defined by the Digital Millennium Copyright Act (DMCA), specifically the split among federal courts about whether the Act’s provisions apply only to digital forms or also extend to non-digital CMI conveyance.
The Spring 2011 issue also debuts a new, twice-yearly feature: CASRIP Feature Articles, pieces written by Intellectual Property Law & Policy Graduate Program (IP LL.M) students. These scholarly articles previously published in the Center for Advanced Study & Research on Intellectual Property (CASRIP) Newsletter. The CASRIP and the Journal are now both part of the University of Washington School of Law’s Law, Technology & Arts (LTA) Group. The first such CASRIP Feature Article, “Jacobsen Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses,” authored by Yamini Menon, explores how the Federal Circuit’s reasoning in Jacobsen v. Katzer can be used to interpret the terms of open-source licenses, including the GPL v.2, GPL v.3, Apache License v.2, BSD License, and the Mozilla Public License.
The Journal accepts outside submissions from students, law professors, and practicing attorneys. For more information about the Washington Journal of Law, Technology & Arts please download the entire Spring 2011 issue of the Washington Journal of Law, Technology & Arts or visit http://www.law.washington.edu/wjlta for individual articles.