Indiana Law Review Indiana Law c. Review C'^ Mar ^ 8 iQQj] ^lBRj{f^y Volume 33 No. 1 1999 A SYMPOSIUM ON LAW AND TECHNOLOGY IN THE NEW MILLENNIUM: CLOSING THE GAP Introduction: The Ability of the Current Legal Framework to Address Advances in Technology Lawrence P. Wilkins Is Bioethics Broke?: On the Idea of Ethics and Law "Catching Up" with Technology Michael H. Shapiro The Misperception That Bioethics and the Law Lag Behind Advances in Biotechnology: A Response to Michael H. Shapiro David Orentlicher The Changing Face of Privacy Protection in the European Union and the United States Fred H. Cate Identity, Privacy, and the New Information Scalpers: Recalibrating the Rules of the Road in the Age of the Infobahn: A Response to Fred H. Cate Ronald J. Krotoszynski, Jr. The Internet Is Changing the Face of American Law Schools Henry H. Perritt, Jr. Closing One Gap but Opening Another?: A Response to Dean Perritt and Comments on the Internet, Law Schools, and Legal Education Michael Heise NOTES In re Lindsey: A Needless Void in the Government Attorney-Client Privilege Amanda J. Dickmann Rockin' Down the Highway: Forging a Path for the Lawful Use of MP3 Digital Music Files Mary Jane Frisby Closing the Doors on Unsupported Speculation: Joiner's, Effect on the Admissibility of Expert Testimony Theresa M. Moore Family In Law. In 1933, BNA first published The United States Law Week. With that first issue, BNA set a new standard for high-quality legal reporting and research. Following Law Week's precedent, BNA has since launched a family of information services for legal professionals. BNA's notification services cover key areas of the legal field. They include: Family Law Reporter; BNA's Bankruptcy Law Reporter; Business Law Adviser; Corporate Governance Report; Mergers & Acquisitions Law Report; BNA's Patent, Trademark & Copyright Journal; and Criminal Law Reporter. Whichever publication you choose, you'll notice the family resemblance — comprehensive, accurate, ' in-depth coverage. Ask your professor for details on low student rates for BNA information services. mA The Bureau of National Affairs, Inc. 1231 25th Street, NW Washington, DC 20037 Customer Relations: 1-800-372-1033 email: riskfree@bna.com http://www.bna.com Indiana Law Review >o Volume 33 1999-2000 Editor-in-Chief Lorena Bray Driscoll Executive Managing Editor Pamela J. Hensler Executive Notes and Topics Editor Erin E. Heuer Lantzer Executive Articles Editors Joshua P. Hollingsworth Theresa M. Moore Symposium Editor Jennifer K. Bagby Articles Editors Grace M. Baumgartner Terry E. Hall Shawn A. Neal Michelle L. Neff Patrick James Olmstead James C. Owen Tara J. 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Bepko, Vice-President for Long-Range Planning, Indiana University; Chancellor, Indiana University-Purdue University at Indianapolis and Professor of Law. J.D., ITT/Chicago-Kent College of Law; LL.M.. Yale University. Norman Lefstein, Dean and Professor of Law. LL.B.. University of Illinois; LL.M., Georgetown University. Susanah M. Mead, Associate Dean for Academic Affairs and Professor of Law. B.A., Smith College; J.D., Indiana University—Indianapolis. Cynthia Baker, Director, Program on Law and State Government. B.A., J.D., Valparaiso University. Elizabeth L. DeCoux, Assistant Dean for Student Affairs. J.D., Mississippi College School of Law Angela M. Espada, Assistant Dean for Admissions. J.D., Indiana University—Bloomington. JoNNA M. Kane, Assistant Dean for External Affairs. J.D.. Indiana University—Indianapolis. Karen Marks, Director of Career Services. B.S., St. Joseph's College; M.S., Illinois State University. JONi D. Thompson, Assistant Dean for Development. M.A., Ball State University. Faculty Cynthia M. Adams, Lecturer in Law. B.A., Kentucky Wesleyan College; J.D., Indiana University — Indianapolis. Thomas B. Allington, Professor ofLaw. B.S., J.D., University of Nebraska; LL.M., New York University Edward P. Archer, Professor of Law. B.M.E., Renesselaer Polytechnic Institute; J.D., LL.M., Georgetown University. James F. Bailey, III, Professor of Law and Director of Law Library. A.B., J.D., M.A.L.S., University of Michigan. Gerald L. Bepko, Vice President for Long-Range Planning, Chancellor, and Professor of Law. B.S., Northern Illinois University; J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Frank Bowman, Associate Professor ofLaw. B.A., Colorado College; J.D., Harvard Law School. Robert Brookins, Professor of Law. B.S., University of South Florida; J.D., Ph.D., Cornell University. Daniel H. Cole, M. Dale Palmer Professor ofLaw. A.B., Occidental College; A.M., Univereity of Chicago; J.D., Lewis and Clark College; J.S.M., J.S.D., Stanford Law School. Jeffrey O. Cooper, Assistant Professor of Law, A.B., Harvard University; J.D., University of Pennsylvania. Paul N. Cox, Centennial Professor ofLaw. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management and Associate Professor ofLaw and Library and Information Science. B.A., Northwestern University; J.D., Washington University; M.L.S., University of California, Los Angeles; Ph.D., University of California, Los Angeles. Clyde Harrison Crockett, Professor ofLaw. A.B., J.D., University ofTexas; LL.M., University of London (The London School of Economics and Political Science). James D. Dimitri, Lecturer in Law. B.S., Indiana University; J.D., Valparaiso University School of Law. George E. Edwards, Associate Professor of Law and Director, Program in International Human Rights Law. B.A., North Carolina State University; J.D., Harvard Law School. Paul J. Galanti, Professor of Law. A.B., Bowdoin College; J.D., University of Chicago. Harold Greenberg, Professor ofLaw. A.B., Temple University; J.D., University of Pennsylvania. Jeffrey W. Grove, Professor of Law. A.B., Juniata College; J.D., George Washington University. Frances Watson Hardy, Clinical Associate Professor ofLaw. B.S., Ball State University; J.D., Indiana University—Indianapolis. W. William Hodes, Professor of Law. A.B., Harvard College; J.D., Rutgers, Newark. Lawrence A. Jegen, III, Thomas F. Sheehan Professor of Tax Law and Policy. A.B., Beloit College; J.D., M.B.A., The University of Michigan; LL.M., New York University. Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois. Eleanor D. Kinney, Samuel R. Rosen Professor ofLaw and Co-Director ofthe Centerfor Law and Health. B.A., Duke University; M.A., University of Chicago; J.D. Duke University; M.P.H., University of North Carolina. Ronald J. Krotoszynski, Jr., Paul E. Beam Fellow and Associate Professor ofLaw. B.A., M.A., Emory University; J.D., LL.M., Duke University. Norman Lepstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Lynn A. McDowell, Clinical Associate Professor ofLaw. B.S. Indiana University; J.D., Indiana University—Indianapolis. Deborah McGregor, Lecturer in Law and Assistant Director ofLegal Writing. B.A., University of Evansville; J.D., Georgetown University. Susanah M. Mead, Associate Dean and Professor of Law. B.A., Smith College; J.D., Indiana University—Indianapolis. Mary H. Mitchell Professor of Law. A.B., Butler University; J.D., Cornell Law School. James P. Nehf, Cleon H. Foust Fellow and Professor ofLaw. B.A., Knox College; J.D., University of North Carolina. David Orentlicher, Samuel R. Rosen Professor ofLaw and Co-Director ofthe Centerfor Law and Health. A.B., Brandeis University; J.D., M.D., Harvard College. Joanne Orr, Clinical Associate Professor of Law. B.S., Indiana State University; J.D., California Western. David R. Papke, R. Bruce Townsend Professor ofLaw and Professor ofAmerican Studies. A.B., Harvard College; J.D., Yale University; M.A. in American Studies. Yale University; Ph.D. in American Studies, The University of Michigan. H. Kathleen Patchel, Associate Professor of Law. A.B., Huntington College; J.D., University of North Carolina; LL.M., Yale University. Fran Quigley, Clinical Associate Professor of Law. B.A., Hanover College; M.A., Indiana University—Bloomington; J.D., Indiana University—Indianapolis. Florence Wagman Koisuku, Associate Professor ofLaw. B.A., University of Connecticut; LL.B., Harvard Law School. Richard J. Ross, Associate Professor ofLaw. B.A., J.D., Ph.D., Yale University. JoanM. Ruhtenberg, ClinicalProfessorofLaw and Director ofLegal Writing. B.A., Mississippi University for Women; J.D., Indiana University—Indianapolis. E. Gary Spitko, Assistant Professor of Law. A.B., Cornell University; J.D., Duke University Law School. June O. Starr, Associate Professor of Law. B.A., Smith College; M.A., Columbia University; Ph.D., University of California, Berkeley; M.S.L., Yale University; J.D., Stanford Law School. James W. Torke, Carl M. Gray Professor ofLaw. B.S., J.D., University of Wisconsin. James Patrick White, Professor of Law and Consultant on Legal Education to the American BarAssociation. A.B., University of Iowa; J.D., LL.M., George Washington University. Lawrence P. Wilkins, Professor ofLaw. B.A., The Ohio State University; J.D., Capital University Law School; LL.M., University of Texas. Lloyd T. Wilson, Jr., Lecturer in Law. B.A., Wabash College; M.A., Duke University; J.D., Indiana University School of Law—Bloomington. Mary T. Wolf, Clinical Professor ofLaw and Director of Clinical Programs. B.A., Saint Xavier College; J.D., University of Iowa. Emeriti Agnes P. Barrett, Associate Professor ofLaw Emerita. B.S., J.D., Indiana University. Cloen H. Foust, Professor ofLaw Emeritus. A.B., Wabash College; J.D., University of Arizona. David A. Funk, Professor ofLaw Emeritus. A.B., College of Wooster; J.D., Case Western Reserve University; M.A., The Ohio State University; LL.M., Case Western Reserve University; LL.M., Columbia University. Helen P. Garfield, Professor ofLaw Emerita. B.S.J. Northwestern University; J.D., University of Colorado. William F. Harvey, Carl M. Gray Professor ofLaw