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.
- 1 Robert P. Bigelow and Susan H. Nycum, Your Computer and the Law, Prentice-Hall, Englewood Cliffs, N.J., 1975.Google Scholar
- 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 PeopleGoogle Scholar
- 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.Google Scholar
- 4 Richard L Bernacchi and Gerald H. Larsen, Data Processing Contracts and the Law, Little Brown & Co., New York, 1974.Google Scholar
- 5 Pearlman Legal Aspects of Selected Issues in Telecommunications, AFIPS Press, Montvale, N.J., 1970.Google Scholar
- 6 Bigelow Computers and the Law, N.Y. Commerce Clearing House, N.Y., 1969.Google Scholar
- 7 Michael A. Duggan, Law and the Computer, A KWIC Bibliography, Macmillan Information, N.Y., 1973.Google Scholar
- 8 Milton Wessel, Freedom's Edge, Addison-Wesley, Reading, MA, 1974.Google Scholar
- 9 Gilchrist and Wessel, Government Regulation of the Computer Industry, AFIPS Press, Montvale, N.J., 1972.Google Scholar
- 10 Alan F. Westin (Ed.), Databanks in a Free Society, Quadrangle, N.Y., 1972.Google Scholar
- 11 O.E Dial and E.M. Goldberg, Privacy, Security and Computers, Praeger, N.Y., 1975.Google Scholar
- 12 D.W. Richardson, Electric Money: Evolution of an Electronic Funds Transfer System, MIT Press, Cambridge, 1970.Google Scholar
- 13 George P. Bush (Ed.), Technology and Copyright, Lomond Systems, Inc., Mt. Airy, Maryland, 1972.Google Scholar
- 14 Fred Gruenberger (Ed.), Computers and Communications—Toward a Computer Utility, Prentice-Hall, Englewood, Cliffs, N.J., 1968.Google Scholar
- 15 Arthur E. Little, Inc., The Consequences of Electronic Funds Transfer, U.S. Government Printing Office, Washington, D.C., June, 1975.Google Scholar
- 16 Kent. S. Larsen (Ed.), Privacy, A Public Concern, U.S. Government Printing Office, Washington, D.C., August, 1975.Google Scholar
- 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.Google Scholar
- 18 Project SAFE, The Elements and Economics of Information Privacy and Security, Management Information Division, Department of Finance, State of Illinois, 1973.Google Scholar
- 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.Google Scholar
- 20 State of Illinois, Report of the Data Information Systems Commission, 1975.Google Scholar
- 21 State of Illinois, Final Report of the Governor's Commission on Individual Liberty and Personal Privacy, January, 1976.Google Scholar
- 22 State of Illinois, Governor's Cost Control Task Force Report, 1978.Google Scholar
- 23 Donn B. Parker, et al, Computer Abuse: A Final Report, Stanford Research Institute, Stanford, CA, 1973.Google Scholar
- 24 Paul Armer, Privacy Aspects of the Cashless and Checkless Society, Rand Corporation Report, P-3822, April, 1968.Google Scholar
- 25 Paul Armer, Social Implications of the Computer Utility, Rand Corporation Report, P-3642, August, 1967.Google Scholar
- 26 Committee on Scientific and Technical Information Legal Aspects of Information Systems, National Technical Information Service, Springfield, VA, January, 1969.Google Scholar
- 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.Google Scholar
- 28 Federal Communications Commission, "Participation in Data Processing by Communications Common Carriers," Docket No. 20828, 41 Fed Reg 33563, Aug. 9, 1976.Google Scholar
- 29 Warren and Brandeis, "The Right to Privacy," Harvard Law Review, Vol. 4, No. 5 (December, 1890), pp. 193-220.Google Scholar
- 30 Ubell, "Electronic Funds Transfer and Anti-Trust Law," Banking Law Journal, Vol. 93, pp. 43-81, January, 1976.Google Scholar
- 31 S.L Mathison "Regulatory and Economic Issues in Computer Communications," Proceedings of the IEEE, Vol. 60, No. 11, November, 1972.Google Scholar
- 32 Bernacchi and Larsen "Philosophy, Data Processing and the Rules of Evidence," L.A. Bar Bulletin, Vol. 48, p. 374, 1973.Google Scholar
- 33 Philip Stork "Legal Protection for Computer Programs," ASCAP Copyright Law Symposium, Vol. 20, 1972.Google Scholar
- 34 Bigelow "Contract Caveats," Datamation, September 15, 1970.Google Scholar
- 35 Leutert, "Project Management Games," Datamation, September 15, 1970.Google Scholar
- 36 Withington "Write Your Own," Datamation, October 1, 1970.Google Scholar
- 37 Wessel "Legal Protection of Computer Programs," Harvard Business Review, Vol. 43, p. 97, 1965.Google Scholar
- 38 "Gun'em Down Cut 'em Up. . .Justice Goes After the Two Biggies," Infosystems, pp. 31-33, May, 1975.Google Scholar
- 39 Larsen, "Not Form But Substance the Issue at 04th and Main St.," Computerworld, November 19, 1975, p. 16.Google Scholar
- 40 Goldstein, "The Costs of Privacy," Datamation, Vol 21, No. 10, October, 1975, p. 65.Google Scholar
- 41 Allen, "The Biggest Computer Frauds: Lessons for CPA's," Journal of Accountancy, May, 1977, pp. 52-62.Google Scholar
- 42 Stern, "Courts and Computers: Conflicts in Approaches and Goals," Judicature, Vol. 58, December, 1974, p. 222.Google Scholar
- 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.Google Scholar
- 44 Scaletta, "Use of Computer Techniques in Legal Analysis and Prediction," American Business Law Journal, Vol. 11, Winter, 1974, p. 251.Google Scholar
- 45 Sprowl, "Computer-Assisted Legal Research - WESTLAW and LEXIS," ABA Journal, Vol. 62, March, 1976, p. 320.Google Scholar
- 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.Google Scholar
- 47 Moore, "The Purpose of Licensing," Journal of Law and Economics, Vol. 4, 1961, p. 93.Google Scholar
- 48 Fenwick, "Facilities Management Contracts," Sect 3-1, Art. 5.Google Scholar
- 49 Slawsky, "Case Comment: Monopoly—Relevant Market Telex v. IBM," pp. 171-182, 1975.Google Scholar
- 50 Tapper, "Evidence from Computers," Vol. 4, No. 2, pp. 324-406, 1974.Google Scholar
- 51 Petros and Carpelli, "Computers, Medical Malpractice, and the Ghost of the T.J. Hopper," Vol. 5, No. 1, pp. 15-20, 1975.Google Scholar
- 52 Moorhead, "Limiting Liability in Electronic Data Processing Service Contracts," Vol. 4, No. 1, pp. 141-162, 1974.Google Scholar
- 53 Raysman, "Warranty Disclaimer in the Data Processing Contract," Vol. 6, No. 2, pp. 265-275, 1978.Google Scholar
- 54 Stevens, "Tort Liability for Defamation of Computer," Vol. 6, No. 1,1977.Google Scholar
- 55 La Bar, "Modernization of Court Functions: A Review of Court Management and Computer Technology," Vol. 5, p. 97, 1975.Google Scholar
Index Terms
“Computers and the law”: A course description
Recommendations
“Computers and the law”: A course description
SIGCSE '79: Proceedings of the tenth SIGCSE technical symposium on Computer science educationThis 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; ...






Comments