117 research outputs found

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    The DTSA’s Federalism Problem: Federal Court Jurisdiction over Trade Secrets

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    The Defend Trade Secrets Act of 2016 (“DTSA”) greatly expanded federal protection of trade secrets. But how many trade secrets were “federalized”? The short answer is: many, but not all. At the heart of the DTSA lies a mammoth jurisdictional problem: Congress only federalized certain trade secrets. Unlike copyrights and patents, Congress has no independent constitutional basis to regulate trade secrets. Instead, like trademarks, trade secrets are regulated under the commerce clause and must satisfy a jurisdictional element, which requires a nexus between interstate commerce and trade secrets. But unlike trademarks, Congress chose not to legislate to the fullest extent of its commerce clause power, excluding some trade secrets from federal protection. In short, the DTSA’s jurisdictional element ensures that only “technical” trade secrets—i.e., formulae, manufacturing processes, etc.—qualify for federal protection. “Business information” secrets are protected, if at all, only under state law. This Article is the first to explain the DTSA’s jurisdictional element in depth and explore its practical and theoretical implications. Interpretation of the jurisdictional element in the DTSA is the Act’s key judicial dilemma. The jurisdictional element imposes two requirements on a federal plaintiff’s trade secret: (1) that the trade secret closely relates to a product or service; and (2) that the product or service actually flows in interstate commerce. As a practical matter, the old trade secret tort has been split in two—with technical trade secrets federalized and business information remaining protected solely by state law. Theoretically, this interpretation brings trade secret policy in line with other species of federal intellectual property policies

    Distributed Ledger Technology and External Mandatory Reporting in Banking Industry

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    Uurimus käsitleb kõigile osapooltele aja- ja kuluefektiivsuse ning globaalselt illegaalsete ülekannete vähendamise saavutamise võimalusi, kasutades pankade kohustuslike raporteerimiste protsessis asjaomastele asutustele finantskuritegude ja piiriülese maksuinfo teavitamisel, hajustatud andmebaaside, sealhulgas plokiahela tehnoloogiat.This thesis gives an outline of the potentials to attain time and cost effectivity to all partakers by using distributed ledger technology, including blockchain, in the mandatory reporting process executed by credit institutions to relevant authorities regarding financial crime and cross-border tax reporting with globally effective diminishment of these illicit transfers

    What secure electronic signature technologies are permitted under the E-sign Act and UETA, and does each method provide adequate protection against electronic fraud?

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    This paper discusses the technology-neutral statutes that enable electronic signatures and records to be accepted in lieu of manually signed paper records. In part II, the paper focuses on the language provided by the federal Electronic Signatures in National and Global E-Commerce Act ("E-Sign Act") and the model Uniform Electronic Transactions Act ("UETA"), which states may adopt. The various electronic and digital technologies and how they work are discussed in parts III and IV. Part V describes the various positive and negative security considerations. Recommendations as to the appropriate level of security necessary for electronic transactions are offered in part VI

    Age Verification as a Shield for Minors on the Internet: A Quixotic Search?

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    This article examines the issues raised by the use of the Internet by minors and children. In addition to being an outstanding source of information and a tool for connecting people in numerous affinity networks, the Internet has a dark side. Its resources may be abused for many bad deeds, including cyber bullying or facilitating encounters with child predators. One way to protect minors is to ensure that their age and identity is verified. However, this is not technically feasible without infringing on the privacy of these children as well as that of the adults who might have to be screened as well, if only to prove that there are not minors. After looking at the current problems, the existing laws, and comparing with developments in other countries, the article identifies some of legal and technical hurdles before stressing the important role of parents, guardians and education. While legislators are playing whack-a-mole, chasing child pornography, child predators, and cyber bullying, parents cannot let their children venture on the Internet unprepared and unsupervised. Despite its friendly face and its very approachable demeanor, the Internet is not a nanny. Rather, it is a reflection of the world, a combination of the good, the bad and the ugly

    Three Factor Authentication Using Java Ring and Biometrics

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    Computer security is a growing field in the IT industry. One of the important aspects of the computer security is authentication. Using passwords (something you know) is one of the most common ways of authentications. But passwords have proven to provide weak level of security as they can be easily compromised. Some other ways of authenticating a user are using physical tokens, (something you possess) and biometrics, (something you are). Using any one of these techniques to secure a system always has its own set of threats. One way to make sure a system is secure is to use multiple factors to authenticate. One of the ways to use multiple factors is to use all the three factors of authentication, something you possess, something you are and something you know. This thesis discusses about different ways of authentication and implements a system using three factor authentication. It takes many security aspects of the system into consideration while implementing it, to make it secure

    Three Factor Authentication Using Java Ring and Biometrics

    Get PDF
    Computer security is a growing field in the IT industry. One of the important aspects of the computer security is authentication. Using passwords (something you know) is one of the most common ways of authentications. But passwords have proven to provide weak level of security as they can be easily compromised. Some other ways of authenticating a user are using physical tokens, (something you possess) and biometrics, (something you are). Using any one of these techniques to secure a system always has its own set of threats. One way to make sure a system is secure is to use multiple factors to authenticate. One of the ways to use multiple factors is to use all the three factors of authentication, something you possess, something you are and something you know. This thesis discusses about different ways of authentication and implements a system using three factor authentication. It takes many security aspects of the system into consideration while implementing it, to make it secure

    British Somaliland

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