Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
skip to main content
article
Free access

“Computers and the law”: A course description

Published: 01 January 1979 Publication History

Abstract

This paper surveys current legal issues in the computer field and discusses the author's experience in twice teaching a course on computers and the law at Sangamon State University. Legal topics highlighted in the course include databanks and privacy; contracting for computer services; protection of proprietary software; tax treatment of computer software; liability problems in providing computer services; government regulation of the computer and communications industries; and the Justice Department's anti-trust suit against IBM. Teaching approaches for the non-lawyer are discussed and a bibliography is included.
The primary purpose of this paper is to discuss the author's experiences in teaching, for the second time, a course at Sangamon State University, Springfield, Illinois, entitled “Legal Issues in the Computer Field,” and thereby stimulate interest in organizing similar courses at other universities. In addition, the author surveys the many topics that comprise the course content, and includes an abbreviated bibliography as an appendix.

References

[1]
Robert P. Bigelow and Susan H. Nycum, Your Computer and the Law, Prentice-Hall, Englewood Cliffs, N.J., 1975.
[2]
Computer Law Service, Robert P. Bigelow, Ed., Callahan & Co., Chicago.Rutgers Journal of Computers and LawComputerworldDatamationComputer DecisionsInfosystemsComputer Law and Tax Report, Warren, Gorham & Lamont, Inc., Boston.Law and Computer Technology, William S. Rhyne, Ed., Washington, D.C,Privacy Journal, Robert Ellis Smith, Ed., Washington, D.C.Computers and People
[3]
Roy N.Freed, Computers and Law—A Reference Work, 4th ed., 1973, Roy N. Freed (publisher), c/o Powers & Hall, 30 Federal St., Boston, Mass. 02110.
[4]
Richard L Bernacchi and Gerald H. Larsen, Data Processing Contracts and the Law, Little Brown & Co., New York, 1974.
[5]
Pearlman Legal Aspects of Selected Issues in Telecommunications, AFIPS Press, Montvale, N.J., 1970.
[6]
Bigelow Computers and the Law, N.Y. Commerce Clearing House, N.Y., 1969.
[7]
Michael A. Duggan, Law and the Computer, A KWIC Bibliography, Macmillan Information, N.Y., 1973.
[8]
Milton Wessel, Freedom's Edge, Addison-Wesley, Reading, MA, 1974.
[9]
Gilchrist and Wessel, Government Regulation of the Computer Industry, AFIPS Press, Montvale, N.J., 1972.
[10]
Alan F. Westin (Ed.), Databanks in a Free Society, Quadrangle, N.Y., 1972.
[11]
O.E Dial and E.M. Goldberg, Privacy, Security and Computers, Praeger, N.Y., 1975.
[12]
D.W. Richardson, Electric Money: Evolution of an Electronic Funds Transfer System, MIT Press, Cambridge, 1970.
[13]
George P. Bush (Ed.), Technology and Copyright, Lomond Systems, Inc., Mt. Airy, Maryland, 1972.
[14]
Fred Gruenberger (Ed.), Computers and Communications—Toward a Computer Utility, Prentice-Hall, Englewood, Cliffs, N.J., 1968.
[15]
Arthur E. Little, Inc., The Consequences of Electronic Funds Transfer, U.S. Government Printing Office, Washington, D.C., June, 1975.
[16]
Kent. S. Larsen (Ed.), Privacy, A Public Concern, U.S. Government Printing Office, Washington, D.C., August, 1975.
[17]
HEW Secretary's Advisory Commission on Automated Personnel Data System, Records, Computers, and the Rights of Citizens, U.S. Government Printing Office, Washington, D.C., 1973.
[18]
Project SAFE, The Elements and Economics of Information Privacy and Security, Management Information Division, Department of Finance, State of Illinois, 1973.
[19]
Management Information Division, Department of Finance, State of Illinois, Impact '70's. Illinois Master Plan Applying Computer Technology in the 1970's, April, 1971.
[20]
State of Illinois, Report of the Data Information Systems Commission, 1975.
[21]
State of Illinois, Final Report of the Governor's Commission on Individual Liberty and Personal Privacy, January, 1976.
[22]
State of Illinois, Governor's Cost Control Task Force Report, 1978.
[23]
Donn B. Parker, et al, Computer Abuse: A Final Report, Stanford Research Institute, Stanford, CA, 1973.
[24]
Paul Armer, Privacy Aspects of the Cashless and Checkless Society, Rand Corporation Report, P-3822, April, 1968.
[25]
Paul Armer, Social Implications of the Computer Utility, Rand Corporation Report, P-3642, August, 1967.
[26]
Committee on Scientific and Technical Information Legal Aspects of Information Systems, National Technical Information Service, Springfield, VA, January, 1969.
[27]
Federal Communications Commission, "Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities," Docket No. 16979, 28 FCC 2d 267, March 18, 1971.
[28]
Federal Communications Commission, "Participation in Data Processing by Communications Common Carriers," Docket No. 20828, 41 Fed Reg 33563, Aug. 9, 1976.
[29]
Warren and Brandeis, "The Right to Privacy," Harvard Law Review, Vol. 4, No. 5 (December, 1890), pp. 193-220.
[30]
Ubell, "Electronic Funds Transfer and Anti-Trust Law," Banking Law Journal, Vol. 93, pp. 43-81, January, 1976.
[31]
S.L Mathison "Regulatory and Economic Issues in Computer Communications," Proceedings of the IEEE, Vol. 60, No. 11, November, 1972.
[32]
Bernacchi and Larsen "Philosophy, Data Processing and the Rules of Evidence," L.A. Bar Bulletin, Vol. 48, p. 374, 1973.
[33]
Philip Stork "Legal Protection for Computer Programs," ASCAP Copyright Law Symposium, Vol. 20, 1972.
[34]
Bigelow "Contract Caveats," Datamation, September 15, 1970.
[35]
Leutert, "Project Management Games," Datamation, September 15, 1970.
[36]
Withington "Write Your Own," Datamation, October 1, 1970.
[37]
Wessel "Legal Protection of Computer Programs," Harvard Business Review, Vol. 43, p. 97, 1965.
[38]
"Gun'em Down Cut 'em Up. . .Justice Goes After the Two Biggies," Infosystems, pp. 31-33, May, 1975.
[39]
Larsen, "Not Form But Substance the Issue at 04th and Main St.," Computerworld, November 19, 1975, p. 16.
[40]
Goldstein, "The Costs of Privacy," Datamation, Vol 21, No. 10, October, 1975, p. 65.
[41]
Allen, "The Biggest Computer Frauds: Lessons for CPA's," Journal of Accountancy, May, 1977, pp. 52-62.
[42]
Stern, "Courts and Computers: Conflicts in Approaches and Goals," Judicature, Vol. 58, December, 1974, p. 222.
[43]
Halverson "Coping with the Fruits of Discovery in the Complex Case - The Systems Approach to Litigation Support," ABA Antitrust Law Journal, Vol. 44, Spring, 1975, p. 39.
[44]
Scaletta, "Use of Computer Techniques in Legal Analysis and Prediction," American Business Law Journal, Vol. 11, Winter, 1974, p. 251.
[45]
Sprowl, "Computer-Assisted Legal Research - WESTLAW and LEXIS," ABA Journal, Vol. 62, March, 1976, p. 320.
[46]
Dee and Kessler, "Impact of Computerized Methods on Legal Research Courses: A Survey of LEXIS Experience and Probable Effects of WESTLAW," Law Library Journal, Vol. 69, May, 1976,p. 164.
[47]
Moore, "The Purpose of Licensing," Journal of Law and Economics, Vol. 4, 1961, p. 93.
[48]
Fenwick, "Facilities Management Contracts," Sect 3-1, Art. 5.
[49]
Slawsky, "Case Comment: Monopoly—Relevant Market Telex v. IBM," pp. 171-182, 1975.
[50]
Tapper, "Evidence from Computers," Vol. 4, No. 2, pp. 324-406, 1974.
[51]
Petros and Carpelli, "Computers, Medical Malpractice, and the Ghost of the T.J. Hopper," Vol. 5, No. 1, pp. 15-20, 1975.
[52]
Moorhead, "Limiting Liability in Electronic Data Processing Service Contracts," Vol. 4, No. 1, pp. 141-162, 1974.
[53]
Raysman, "Warranty Disclaimer in the Data Processing Contract," Vol. 6, No. 2, pp. 265-275, 1978.
[54]
Stevens, "Tort Liability for Defamation of Computer," Vol. 6, No. 1,1977.
[55]
La Bar, "Modernization of Court Functions: A Review of Court Management and Computer Technology," Vol. 5, p. 97, 1975.

Index Terms

  1. “Computers and the law”: A course description

    Recommendations

    Comments

    Information & Contributors

    Information

    Published In

    cover image ACM SIGCSE Bulletin
    ACM SIGCSE Bulletin  Volume 11, Issue 1
    Proceedings of the 10th SIGCSE symposium on Computer science education
    February 1979
    251 pages
    ISSN:0097-8418
    DOI:10.1145/953030
    Issue’s Table of Contents
    • cover image ACM Conferences
      SIGCSE '79: Proceedings of the tenth SIGCSE technical symposium on Computer science education
      January 1979
      251 pages
      ISBN:9781450374316
      DOI:10.1145/800126
    Permission to make digital or hard copies of all or part of this work for personal or classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies bear this notice and the full citation on the first page. Copyrights for components of this work owned by others than ACM must be honored. Abstracting with credit is permitted. To copy otherwise, or republish, to post on servers or to redistribute to lists, requires prior specific permission and/or a fee. Request permissions from [email protected]

    Publisher

    Association for Computing Machinery

    New York, NY, United States

    Publication History

    Published: 01 January 1979
    Published in SIGCSE Volume 11, Issue 1

    Check for updates

    Qualifiers

    • Article

    Contributors

    Other Metrics

    Bibliometrics & Citations

    Bibliometrics

    Article Metrics

    • 0
      Total Citations
    • 423
      Total Downloads
    • Downloads (Last 12 months)25
    • Downloads (Last 6 weeks)9
    Reflects downloads up to 10 Oct 2024

    Other Metrics

    Citations

    View Options

    View options

    PDF

    View or Download as a PDF file.

    PDF

    eReader

    View online with eReader.

    eReader

    Get Access

    Login options

    Media

    Figures

    Other

    Tables

    Share

    Share

    Share this Publication link

    Share on social media