Brian Craig

Cyberlaw: The Law of the Internet and Information Technology

Brian Craig — Mon, 30 Aug 2010 11:30:35 PDT

Cyberlaw: The Law of the Internet and Information Technology is written primarily for undergraduate students in paralegal, legal studies, criminal justice, business, and computer and information science programs to help them better understand the legal and policy issues associated with cyberlaw and the Internet. The text also includes compliance information that business managers, webmasters, and information technology professionals will find relevant and useful. The goal is to help readers better understand the legal and policy issues associated with the Internet. Cyberlaw is the field of law dealing with the Internet, encompassing cases, statutes, regulations, and disputes that affect people and businesses interacting through computers. With the ever-expanding role of the Internet and technology in people’s lives, Internet law is at the heart of many legal and policy issues today, including jurisdictional questions, intellectual property rights, tort actions, privacy rights, e-commerce, cybercrimes, and online speech. Since the Internet is a fluid and dynamic medium, the need for a current text in the field written for a diverse audience exists.

Legal Briefs: Helpful But Also Hazardous

Brian Craig — Sun, 06 Jul 2008 19:28:00 PDT

Construction and Constitutionality of the Freedom to Display the American Flag Act

Brian Craig — Sun, 06 Jul 2008 19:26:40 PDT

In the wake of condominium and homeowners' association rules prohibiting and restricting the display of the flag of the United States of America and cases that affirmed these rules, Congress passed the Freedom to Display the American Flag Act of 2005. While the Freedom to Display the American Flag Act protects homeowners from association unreasonable time, place, and manner restrictions in displaying the American flag, the Act falls short in its scope and application. Congress should amend the Act to include protection for tenants from restrictions imposed by landlords and municipalities in flying the American flag. Moreover, Congress should amend the Act to include other flags of symbolic significance, including the POW/MIA flag and military flags. Although associations might argue that the Freedom to Display the American Flag Act violates the Commerce Clause, Contracts Clause, Due Process Clause, and the Equal Protection Clause, courts will likely uphold the constitutionality under the Freedom to Display the American Flag Act. Reprinted in 16 Raven: A Journal of Vexillology (2007).

Raven: A Journal of Vexillology is a scholarly, jury-reviewed journal published annually by the North American Vexillological Association (NAVA).

Beyond Black’s and Webster’s: The Persuasive Value of Thesauri in Legal Research and Writing

Brian Craig — Sun, 06 Jul 2008 19:23:26 PDT

The U.S. Supreme Court has increasingly relied on dictionaries and numerous articles have discussed the persuasive value of dictionaries to construe statutes, contracts, and patent claims. Despite this extensive theoretical literature, a dearth of scholarly literature remains on the efficacy of thesauri in the legal framework. This article discusses the value of thesauri, in conjunction with dictionaries, as persuasive secondary sources to ascertain the plain and ordinary meaning of words and phrases. Based on empirical research, this article examines the frequency of opinions that cite to thesauri from 1990 to 2006. The article also provides a review of opinions where courts found thesauri persuasive and unpersuasive in construing statutes, regulations, and contracts. Finally, the article discusses the benefits of using thesauri in legal research.

Online Satellite and Aerial Images: Issues and Analysis

Brian Craig — Sun, 06 Jul 2008 19:21:21 PDT

Online satellite and aerial imagery services such as Google Earth and MSN's Live Local provide access to images that previously were not generally available to the public. This increased availability of satellite and aerial photographs on the Internet raises concerns about privacy rights, public safety, and national security. The industry response to these concerns lacks uniformity and fails to safeguard individual privacy rights and prevent possible threats to public safety. New satellite and aerial imagery services online will likely result in litigation with plaintiffs seeking both equitable and legal remedies. Although plaintiffs might bring actions under a variety of legal theories including nuisance, strict product liability, invasion of privacy by intrusion, 42 U.S.C. § 1983, and other miscellaneous actions, existing remedies fall short in providing redress for violations of privacy rights. Increased access to satellite and aerial imagery also raises evidentiary issues. Provided parties lay the proper foundation, courts will likely admit online satellite and aerial images into evidence. Congress and other policy makers should take action to protect individual privacy rights and prevent possible threats to public safety and national security with online satellite and aerial photographs.