1st Quarter 2015
Volume 48/ Number 1
Cyberspace and Electronic World of Contracting
by JUDr. Tomáš Ščerba, Ph.D.
Tomáš analyzes cyberspace and the electronic world of contracting, and includes a dialogue on the several contractual agreements living exclusively in the digital world.
The Role of Courts in the Albanian Judiciary
by Chief Justice Shpresa Beçaj
Hon. Beçaj describes how information technology brings the court closer to people by affecting their economic, cultural, and social lives, and improving court management and judicial administration, efficiency, speed, accuracy, and transparency.
4th Quarter 2014
Volume 47/ Number 4
Discussion on the Defaults and Improvements of Legal Protection and Privacy and Data in Cyberspace
by Judge Lin Jinwen
Judge Lin discusses the flow of information thought the internet and analyzes the legal safeguards and proposed legal solutions to infringement of privacy and data.
Review of Recent Developments in Cyber Law Responses to Cybercrime and Cybersecurity in Nigeria and the Economic Community of West African States (ECOWAS)
by Prof. Muhammed Tawfiq Ladan (Ph.D.)
Prof. Ladan highlights the development of cybercrimes and cybersecurity in Nigeria and ECOWAS, and discusses the regulatory responses to cybercrimes particularly as relates to electronic banking and payment transactions.
3rd Quarter 2014
Volume 47/ Number 3
The Clash Between a Temperamental Market and Copyright Protection
by Philip H. Liu
Philip explores copyright protection for fashion designs in the US and analyzes the laws in place in France, Germany, and the European Directive and proposed bills for fashion designs in the US.
2nd Quarter 2014
Volume 47/ Number 2
The Reflects of Lawsuit Automation in a Labour Court and in a Common Justice Court in the State of Paraiba, Brazil: A Comparative Study
by Professor Cláudio Simão de Lucena Neto, Adriana Secundo Goncálves de Oliveira, and Viviany Christine Rodrigues da Silva
The authors discuss the developments of technology in Brazil in conjunction with electronic filing and processing of lawsuits. in relation to admissibility in judicial proceedings; making a comparative analysis of electronic case processing between a Labour Court and a Common Justice Court in the State of Paraiba.
Social Media in Business Context
by Edward C. Wolfe and David J. Council
The authors discuss social media policies in the work place vis-à-vis employee regulations and overall corporate philosophy/culture. Edward and David highlight organizational practices that may be adopted including policies and guidelines needed to leverage technology use and govern internal and external use of social media by employees.
1st Quarter 2014
Volume 47/ Number 1
Recent Trends in Legal Response and Judicial Attitude Towards Electronically Generated Evidence in Nigeria
by Professor Muhammed Tawfiq Ladan (Ph.D)
In Recent Trends in Legal Response and Judicial Attitude Towards Electronically Generated Evidence in Nigeria, Prof. Ladan examines the legal framework on electronic evidence in Nigeria, particularly the Evidence Act 2011, in relation to admissibility in judicial proceedings.
4th Quarter 2013
Volume 46/ Number 4
Transatlantic Data Exchange in Criminal Matters: Rubberstamping a Data Protection System?
by Dr. Els De Busser
In Transatlantic Data Exchange in Criminal Matters: Rubbertamping a Data Protection System?, Dr. Els De Busser discusses the cooperation of countries, states and regions in sharing information relating to criminal matters in data protection and right to privacy, while examining the legal frameworks in place as relates to the United States and the United Kingdom.
3rd Quarter 2013
Volume 46/ Number 3
Cyberbullying: Need for Global Response
by Iris J. Jones
In Cyberbullying: Need for Global Response, Iris Jones discusses social media and the rise in cyberbullying. Iris also delves into the critical issue of cyberstalking and includes provisions of domestic and international legal frameworks in place to tackle the problem.
2nd Quarter 2013
Volume 46/ Number 2
Law and the Data Ecosystem
by Donald E. Allison
In Law and the Data Ecosystem, Don Allison discusses the importance of the creation of a World Data Organization. Cloud providers have made it so that computer systems are not confined to a central location which enables them to work beyond the scope of the law. As such cyber-crimes have escalated calling for an international forum so as to define data law and manage data. While a World Data Organization may not solve data problems, it will create channels of communication between nations on issues such as cyber-attacks and espionage.
1st Quarter 2013
Volume 46/ Number 1
Keys to Success in Distance Education and ABA Rule 306
by Andrea L. Johnson
In Keys to Success in Distance Education and ABA Rule 306, Andrea discusses the integration of distance learning into law school curricula as provided by the American Bar Association Rule 306 which provides requirements to ascertain the education received in an online class is consistent with that provided by the traditional classroom. She discusses the criticisms of distance learning in Law Schools, then analyzes the ABA requirements before making her conclusion.
The Tort Liability of Network Service Providers
by Yang Yue
In The Tort Liability of Network Service Providers, Yang addresses the litigation and legislation associated with intellectual property disputes of network torts in China. She analyzes the different perspectives of tort liability and uses her experience as a judge to propose solutions to network tort litigation.
4th Quarter 2012
Volume 45/ Number 4
Effectiveness and Desirability of Technology Neutrality of Regulation in Online Contracting
by Milana Karayanidi
In Effectiveness and Desirability of Technology Neutrality of Regulation in Online Contracting, Milana discusses the notion of technology neutrality of electronic commerce regulation and reviews its effectiveness in the online contracting process.
The Use of Information Technology in Courts of General Jurisdiction in the Russian Federation
by Petr Serkov
In The Use of Information Technology in Courts of General Jurisdiction in the Russian Federation, Petr reviews the overall concept of introducing technology in the judicial system of Russia through his discussion on the different types of modern technologies used in the courts.
3rd Quarter 2012
Volume 45/ Number 3
Implementation of Information Communication Technology (ICT) in Courtrooms – An Overview Around the World
by Garry E. Hunter
In Implementation of Information Communication Technology (ICT) in Courtrooms – An Overview Around the World, Garry reviews ICT perspectives and highlights the different stages of implementation of courtroom technology for several different countries. He also examines the goals and importance of implementation of ICT in developed and developing countries.
2nd Quarter 2012
Volume 45/ Number 2
Online Resolution of Transnational Consumer Disputes
by Joseph M. Matthews
In Online Resolution of Transnational Consumer Disputes, Joe discusses the status of the recently created UNCITRAL Working Group to undertake work in the field of online Dispute Resolution (ODR) to cross-border electronic commerce transactions, including both business-to-business (B2B) and business-to-consumer (B2C) transactions. Joe identifies and evaluates existing ODR mechanisms and use of internet technologies in the field of domestic and transnational online and real world B2C transactions.
1st Quarter 2012
Volume 45/ Number 1
E-Jurisprudence in the Indian Criminal System: Challenging Cyber Crimes in Every Aspect
by Rajat Dosi and Piyush Khanna
In E-Jurisprudence in the Indian Criminal System: Challenging Cyber Crimes in Every Aspect, Rajat and Piyush examine various elements of cybercrime as it has emerged in the last few years, and delve into the Indian laws in place to curb cybercrime, as well as the U.S. and international legal provisions.
Emerging Horizons of Free Speech
by Ankita Sharma and Hirak Mukhopadhyay
In Emerging Horizons of Free Speech, Ankita and Hirak discuss the extent to shich Freedom of Speech is admissible in different countries of the world. They examine various government regulations to the right to free speech vis-a-vis the restricted use of mediums such as film, the media and internet.
4th Quarter 2011
Volume 44/ Number 4
The Feasibility of a Law to Regulate Pornographic, Commercial, Unsolicited Email
by Christopher Scott Maravilla
In The Feasibility of a Law to Regulate Pornographic, Unsolicited Commercial E-Mail, Christopher Scott Maravilla discusses the ways in which unsolicited commercial e-mail, colloquially referred to as spam, may be regulated and if doing so violates constitutional rights to free speech. He incorporates filter programs and the regulations protecting the public piecemeal and issues of constitutionality. (Originally published in 4 TUL. J. TECH. & INTELL. PROP. 117 (2002). Reprinted with the permission of Tulane Journal of Technology and Intellectual Property which holds the copyright.)
3rd Quarter 2011
Volume 44/ Number 3
Gene Patenting: the Legacy of the Chakrabarty Decision
by: Jan Gillespie
Jan Gillespie in Gene Patenting: the Legacy of the Chakrabarty Decision explained the legal implications of the Supreme Court decision on the ability of a bacterium to be patented as in the case of Diamond v. Chakrabarty. The court’s decision relied on the textual definition of the word ‘manufacture’ and allowed the patent to be granted, but critics argue that the field of biotechnology, whose products are often considered products of nature, is not one where patents are helpful and in actuality prevent research and cause harm.
Look Before You Leap: A Developer’s Guide to Copyright Infringement and Stopping Secondary Liability Before it Starts
by: Megan Costello
In Look Before You Leap: A Developer’s Guide to Copyright Infringement and Stopping Secondary Liability Before it Starts Megan Costello explains the processes and legal liabilities present for web developers from their users or themselves over copyright disputes. This article was mentioned in a February 8, 2012 Davis & Elliot Blog at http://pittsburghtrademarklawyerwordpress.com/2012/02/08/guest-post-megauploads-megatakedown-why-sopa-and-pipa-arent-the-only-copyright-laws-developers-should-know/
2nd Quarter 2011
Volume 44/ Number 2
Internet Presents No Truly New Jurisdictional Challenges
by: Milana S. Karayanidi
Milana S. Karayanidi, in her paper Internet Presents No Truly New Jurisdictional Challenges, presents the issues arising from the invention of the internet and it’s legal implications by examining the case of Dow Jones & Company Inc v. Gutnick.
Developments in Space Security and Their Legal Implications
by: P.J. Blount
P. J. Bount explains the details behind international agreements and their impact on us all through outer space. He discussed the stakes involved in the protection of space due to the importance of satellites for modern navigation and conveniences, uses in security and international surveillance, and protection of natural resources and monitoring climate change.
1st Quarter 2011
Volume 44/ Number 1
Balancing Statutory Privacy and the Public Interest: A Review of Sate Wiretap Laws as Applied to the Press
by: Jasmine McNealy
Jasmine McNealy’s article, Balancing Statutory Privacy and the Public Interest: A Review of State Wiretap Laws as Applied to the Press, reviews important factors in United States’ court rulings on state wiretap laws as applied to the press. Specifically, this article examines the application of state wiretap laws to the press in light of the Supreme Court’s decision in Bartnicki v. Vopper in which the Court found that the First Amendment’s guarantee of freedom of speech outweighed the privacy interests of those whose private conversation was intercepted without permission.
4th Quarter 2010
Volume 43/ Number 4
Privacy, Security and the Council Framework Decision 2008/977/JHA
by: Mario Viola de Azevedo Cunha
In his article, Privacy, Security and the Council Decision Framework 2008/977/JHA, Mario Viola de Azeveda Cunha explores the interplay of privacy and security. He considers the governmental desire for security as balanced against the individual belief in the privacy. He discusses whether the Council Decision Framework 2008/977/JHA complies with data protection principles and standards. Privacy, Security, and the Council Decision Framework 2008/977/JHA is an interesting examination on the important balance between individual and collective principles.
Newsperson Shield Laws and the New Media
by: Jeffrey G. Purvis
In his article, Newsperson Shield Laws and the New Media, Jeffrey Purvis discusses U.S. newsperson shield laws. He considers how these laws apply to the recent Gizmodo Strategy. Professor Purvis’s article is an insightful look at free press concerns and privacy standards.
3nd Quarter 2010
Volume 43/ Number 3
E-Discovery Search: The Truth, The Statistical Truth, and Nothing but the Statistical Truth
by: Nick Brestoff
Once again, we have the privilege of sharing with you the benefits of Nick Brestoff’s expertise in the field of E-Discovery. In his article, E-Discovery Search: The Truth, The Statistical Truth, and Northing but the Statistical Truth, Mr. Brestoff explores Rule 26 (g)(1) of the U.S. Federal Rules of Civil Procedure and explains how today’s technology and the abundance of digitally saved documents complicates the role played by attorney’s during the discovery process. Mr. Brestoff’s article has obvious implications for foreign attorneys too, as he explores the ethical ramifications of e-discovery loopholes. In previous issues of Law/Technology we have explored the need to have competent technical support during the e-discovery process and Mr. Brestoff’s article is a stark reminder of the role played by expertise and integrity during e-discovery.
Peer to Peer File Sharing Test of International Conventions on the Protection of Intellectual Property
by: Saghir Munir Mehar
In Professor Saghir Munir Mehar’s article, Peer to Peer File Sharing, Test of International Conventions on the Protection of Intellectual Property, we learn about liability as it relates to peer-to-peer file sharing. Professor Mehar consider international conventions to determine whether and where peer-to-peer file sharing results in piracy, copyright violations, confidential information sharing, intellectual theft, and general liability. He further examines current trends in legal responses to the new issues arising from technology.
2nd Quarter 2010
Volume 43/ Number 2
E-Discovery Duties and the Range of Sanctions for Failures to Comply with Them
by: Nick Brestoff
In his article E-Discovery Duties and the Range of Sanctions for Failures to Comply with Them, Nick Brestoff illustrates the emerging responsibilities of attorneys as discovery becomes increasingly electronic. His article includes an in-depth discussion of how sanctions are harsher now then in the early days of e-Discovery.
Bye-Bye Black Marker
by: Christine Musil
Christine Musil discusses the benefits of electronic redaction in her article Bye-Bye Black Marker. She emphasizes the effectiveness and time-saving techniques that electronic redaction offer. In addition, she notes the benefit to the environment of electronic redaction.
Could the BP Oil Spill Lead to e-Discovery Disaster?
by: Christy Burke
In Could the BP Oil Spill Lead to e-Discovery Disaster, Christy Burke considers the discovery burden on BP in light of the on-going BP oil spill in the Gulf of Mexico. Ms. Burke emphasizes the need for electronic readiness within organizations to offset the tremendous burdens caused by unexpected litigation.
Information Governance: 5 Strategies to Radically Reduce Risk
by: Eddie Sheehy
Eddie Sheehy’s article Information Governance: 5 Strategies to Radically Reduce Risk is a practical tool for all legal practitioners. The article lays out 5 simple techniques that will streamline one’s practice of law – allowing for greater efficiency. Mr. Sheehy emphasizes the need for organizations to manage their daily risk through simplifying investigation processes and reducing information storage costs.
Regulability of the Internet
by: Milana S. Karayanidi
In Regulability of the Internet, Milana S. Karayanidi addresses the question of transnational regulation of the internet. The article looks at states that have more regulation as well as states with less regulation and concludes with a discussion on the feasibility of a transnationally regulated computer network.
1st Quarter 2010
Volume 43/ Number 1
Reverse Payments from Brand-Name to Generic Drug Companies: Antitrust Law Violations or a Patentee’s Rights?
by: Chittam Thakore
In his article, Reverse-Payments from Brand-Name to Generic Drug Companies: Antitrust Law Violations or a Patentee’s Rights? Dr. Chittam Thakore discusses the reverse payment phenomenon employed by pharmaceutical companies in making profits and its impact on drug consumers. He analyses the legislation considered by Congress which addresses the issue and advises that reverse payment agreements be made unlawful if the patentee gains rights that extend the cope of the patent.
An Internet-Based Mental Disability Law Program: Implications for Social Change in Nations with Developing Economies
by: Michael L. Perlin
Professor Michael L. Perlin explores the little-touched topic of using the Internet as a teaching tool in An Internet-Based Mental Disability Law Program: Implications for Social Change in Nations with Developing Economies. The rise of new technology in the past few decades has enabled him to create a program of online mental disability law courses to teach participants the basis of US constitutional mental disability law and encourage advocacy movements to bring a change in this area. He discusses the use of distance learning in law school for persons with disabilities and evaluates the potential impact of such courses on developing economies, such as Nicaragua.
4th Quarter 2009
Volume 42/ Number 4
Title Utilizing Social Networking as a Business Marketing Tool for NGOs
by: Garry E. Hunter
In this article you will find tips on how to market your business or organization using social networking sites such as MySpace, Facebook, LinkedIn, YouTube, and Twitter. The article addresses how to identify one’s audience and how best to reach that demographic. Within this article you will find a discussion of the legal issues surrounding social networking including addressing privacy concerns and protecting intellectual property. Mr. Hunter, also, considers the international applications and implications of social networking as a business tool.
3rd Quarter 2009
Volume 42/ Number 3
Top Ten Tips for Choosing Trial Presentation Software
by: Timothy A. Piganelli
Lawyers today need to develop the necessary technological skills to competently advocate for their clients. Need help deciding what trial presentation software you need? Timothy Piganelli has given us great tips on how to choose and use trial presentation software to best suit your needs.
Intellectual Property Piracy: Perception and Reality in China, the United States, and Elsewhere
by: Aaron Schwabach
Think China is the worst intellectual property violator? Think again. Aaron Schwabach dissects global intellectual piracy and explains why China is not the enemy.
Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to “Private Regulation”
by: Paul Schiff Berman
And, Paul Schiff Berman discusses the U.S.’s State Action Doctrine and its implications in cyberspace on private regulation. He, then, explores alternatives to the State Action Doctrine and various regulatory methods.
2nd Quarter 2009
Volume 42/ Number 2
In the Courtroom with the Expert Witness: Collaboration between Testimony and Technology
by: Timothy A. Piganelli
Litigating a case? Timothy A. Piganelli introduces us to methods to make the most out of expert testimony. Mr. Piganelli’s article In the Courtroom with the Expert Witness: Collaboration between Testimony and Technology considers the role that experts can play in court and discusses the unique relationship that must be forged between expert witness and jury in order to bolster a party’s oral argument. He, further, discusses technological tips that both attorney and expert witness should use as a way to win jury trust and confidence.
Big Brother and the Need for a Performance Measure Integrity and Fraud Detection Act
by: Dr. Thomas R. McLean
This article employs Dr. McLean’s training as both and attorney and a medical doctor to discuss the ways that metadata and electronic surveillance can be used as a legally responsible and effective means of regulating the medical profession.
1st Quarter 2009
Volume 42/ Number 1
What Jurors Say
by: Timothy A. Piganelli
Looking to use technology to energize your trial techniques? This article considers feedback from jurors and discusses the most effective technology attorneys can use in litigation.
In Computers as Producers: The Personal Mainframe and the Law of Computing
by: Peter P. Swire
This article identifies ways in which personal computers have changed the nature of business. Professor Swire discusses the role of “consumers-as-producers” on the development of consumer law. He, further, discusses the laws of cyberspace as it relates to consumer law.
4th Quarter 2008
Volume 41/Number 4
Dignity, Privacy and Hard Drives: Laptops and the Border Search Exception to the Fourth Amendment
by: Kevin Fayle
This article on Border Searches will certainly make you think twice before carrying your laptop with you on international travels. Mr. Fayle has thoroughly examined and explained the privacy issues at risk when carrying a laptop across a border into a country that permits border searches of laptops. What level of suspicion is necessary in order for border officials to be legally allowed to search the contents of your hard drive. Laptop searches can help the government in the fight against criminal activity – smuggling child pornography, drugs, weapons, etc. – it also grants the government access to sensitive information such as financial records, medical records, private correspondence and pictures. Mr. Fayle discusses the implications and policy surrounding these important issues and provides us with methods to protect computer data.
3rd Quarter 2008
Volume 41/ Number 3
The German Bundesverfassungsgericht and Acoustic Surveillance of Housing Space
By: Julia Stender-Vorwach
Jutta Stender-Vorwachs’s casenote “The German Bundesverfassungsgericht and Acoustic Surveillance of Housing Space” discusses a March 2004 ruling of the German Federal Constitutional Court on the constitutionality of a controversial 1998 law allowing authorities to conduct acoustic surveillance of private homes in the fight against organized crime and threats to national security. In short, the Court found that being put under surveillance is not necessarilly a violation of a German citizen’s basic constitutional right to privacy. Professor Dr. Stender-Vorwach’s casenote summarizes the history and controversy surrounding the law, analysizes the Court’s reasoning and concludes with a discussion of the implications this ruling will have on law enforcement in Germany.
Impractically Obscure? Privacy and Courtroom Proceedings in Light of Webcasting and Other New Technologies
By: Frederic I. Lederer and Rebecca Hulse
This article examines the use of technology in the transparency and public oversight of courtroom proceedings. Professors Lederer and Hulse explore the tensions between public access and privacy concerns that result from the modern ability to transmit courtroom proceedings to anyone with an internet connection. The article contains a very through discussion on the impact that courtroom surveillance has had on public access to trials, transcripts, and evidence. The professors look at the varied policies that have been adopted in the United States and invite you to consider how these policies have also been adopted and adapted in many nations around the world. Although the policies and regulations vary by jurisdiction, the debate between transparency in public access and privacy concerns remains constant. It is the authors’ hope that “the issues inherent in enhanced public access will be fully debated.”
2nd Quarter 2008
Volume 41/ Number 2
Metadata The Ghosts Haunting E-Documents
By David Hricik and Chase Scott
In this edition of Law/Technology, Professor David Hricik and J.D. candidate Chase Scott discuss metadata – what it is and how it can be used for or against attorneys. The authors give a detailed explanation of how to eliminate metadata from a computer document thereby reducing the risk of inadvertently transmitting metadata to opposing counsel.
The article concludes with an in-depth discussion of the legal ethics involved in metadata mining. The authors raise several important ethical questions including: whether metadata is confidential or privileged information; whether attorneys have an obligation to their clients to use metadata against adversaries; and, whether a client can sue his or her attorney in negligence for failing to delete metadata before transmitting files to opposing counsel.
1st Quarter 2008
Volume 41/ Number 1
Patent Protection for Inventions Involving Newly Found Biochemical Mechanisms
By John Richards
The patenting of pharmaceutical inventions has given rise to concerns that such patent rights will “inhibit a physician’s ability to treat a patient” and have an adverse effect on public health. This concern, however, must be balanced with an incentive to research and develop new drugs, something patent rights provide. Getting a patent for a biochemical compound can be difficult because of the legal distinction between a “discovery” from the natural world that has always existed and is therefore, generally not patentable, and an “invention” which may apply a discovery in some new and unique way and is patentable. The author compares patent laws around the world and analyzes recent case law in Canada, the United States, Europe and East Asia regarding patent applications for newly found biochemical mechanisms. The author expresses his concern that the increasing zealousness of the world’s courts and patent offices to limit grants of pharmaceutical patents will have the effect of stifling further research and development.
4th Quarter 2007
Volume 40/Number 4
Alternative Energy in the United States Changing Legal and Commercial Landscape
By Robert H. Edwards, Jr.
The United States, despite not signing the Kyoto Protocol is increasingly providing incentives and establishing mandates for the development and commercialization of renewable, alternative energy resources. The author discusses recent Federal legislation, starting with the Energy Act of 2005 which offers tax incentives and government subsidies to encourage alternative energy such as biomass, wind, geothermal, etc. The author also touches upon the ethanol and biofuel industry in the United States, which has been heavily subsidized, and the concerns regarding the potentially harmful environmental impact of large scale ethanol use. Looking to the future, the author sees state and regional initiatives on renewable energy, rather than the Federal Government, as the main source of innovation in renewable energy.
Liability For Climate Change and the Emerging Role of Probabilistic Risk Attribution Science
By Celine Herweijer and Robert Muir-Wood
Climate change litigation will be an emerging issue in tort law. In this new field of litigation, plaintiffs can sue private persons and companies whose industry may have had an impact on the climate, which resulted in some type of injury to others. Future defendants in this kind of litigation may include not only those that extract and/or directly use fossil fuels, but also industries that are “energy intensive.” The advance of technology and computer models to track climate changes will also play a role in establishing proximate cause for alleged injuries. The authors come to no final conclusions or suggestions, but outline and analyze the direction tort law will take in relation to the science of climate change.
3rd Quarter 2007
Volume 40/Number 3
New Technologies and Employees’ Right to Privacy
By Dr. Jao Marques de Almeida
The Internet and technology revolution makes information easily available to people around the world. Furthermore, new Internet technology has made workers more efficient but also has provided employers with ways to more closely monitor their employees. This gives rise to issues about employee privacy. The author tackles this issue from an international law perspective, looking at privacy laws established by the European Union, individual European nations like France and Portugal and case law in the United States. In these developed countries, governments and courts have tried to strike a balance between a personal right to privacy and an employer’s right to demand his/her employees fulfills their contractual work obligations. The author calls for clear guidelines of how and when an employer can monitor an employee’s use of the company’s computer and Internet system and expresses support for not placing too great a protection on privacy rights in the workplace.
2nd Quarter 2007
Volume 40/Number 2
Technology Creation by Indigenous Means and Legal Safeguards for the Protection of Such Technology
By Dr. C Chatterjee
Technological invention and development tends to occur much more in wealthier countries than in the developing world. In wealthier countries, governments have often taken a lead role in funding technological innovation, something that again, is rare in the developing world. Many developing countries simply import technological inventions and products from the developed world. The author views this as having more disadvantages than advantages for developing countries. The author stresses the need for developing countries to set aside some funds for indigenous R&D as well the establishment of stronger patent rights for inventors, something that will encourage both indigenous inventors as well as protect “imported” technologies.
1st Quarter 2007
Volume 40/Number 1
The Use of Technology to Invade Personal Privacy in the Interest of Collective Security: Does the End Justify the Means?
By Garry E. Hunter
New technologies have enhanced governments’ abilities to monitor our lives – in some respects, this can bring and has brought us more security, but it also has potentially harmful implications for privacy rights and true rule of law. Therefore, it is imperative to put legal structures on government power to ensure the right balance between personal privacy and national security.
Volume 39/Number 4
A Wrap up of the Key Issues in Law and Technology in 2006
This special edition had a collection of eight articles, originally published by Findlaw.com, highlighting some of the major issues in law and technology that arose in 2006. Some key issues included privacy and search engine data, open source software, NSA access to telephone records, the Treasury Department’s secret monitoring of international funds transfers, the FCC and broadband regulation and IT security issues discussed in recent federal court decisions.
Volume 39/Number 3
Distributed Denial of Service: Law, Technology & Policy
By Professor Meiring de Villiers
A Distributed Denial of Service (DDoS) is a significant cyber attack weapon that overloads computer systems depriving legitimate users of their ability to access the system. In one case, a hacker attacked the Port of Houston’s system, making its web service temporarily unavailable and creating serious risks to ships and mooring companies. DDoS attacks involve several actors: 1) The original hacker(s); 2) The computer users whose systems are enlisted by the original hacker(s), target internet sites; 3) Software vendors responsible for vulnerabilities in their system; and 4) Network service providers who serve as a conduit for the DDoS attack. Professor de Villiers explains, analyzes and adopts common law tort principles and applies them to this new technology. In particular, Professor de Villiers combines the principles of “Free Radicals” and the distinction between intentional and unintentional negligence to explain in depth how liability can be apportioned among actors in a DDoS attack.
2nd Quarter 2006
Volume 39/Number 2
Anti-Spam Legislative Efforts in the Asia Pacific Region
By Natasha Herbert
The problem of spam has been addressed by legislative enactments in the Asia-Pacific nations of Hong Kong, New Zealand, Singapore and Australia. All these nations have an ‘opt-out’ whereby commercial electronic messages may not be sent to those persons who have submitted requests on a national register that they not be contacted with such electronic messages. However, the borderless nature of electronic communications gives rise to jurisdictional problems that cannot effectively be addressed by local legislation. Therefore, the author suggests a harmonization of anti-spam laws among the Asia-Pacific nations.
Access to Legal Information in Cambodia: Initial Steps, Future Possibilities
By David Adler
Noting the importance of communication of ideas to the development of the rule of law, the author notes the development of legal publications in Cambodia. The government of Cambodia has been trying to establish and strengthen its legal institutions and has made free access to legal news and information a fundamental part of its program for development. There are however, continued problems – competition between different agencies each asserting their control over a field of law, lack of specified laws, a dearth of reasoned opinions by Cambodian courts and a lack of electronic resources to disseminate legal news, information and analyses. The author does note however, that there are encouraging signs of progress. In particular, he discusses the success of the Arbitration Council which has published their decisions online, often decisions of international importance for manufacturers and other investors in Cambodia. He then concludes with an assessment of these successes and how it can help lay the groundwork for a true legal publishing industry in the country.
Volume 39/Number 1
Basic Aspects of the Regulation of E-Government
By Professor Fernando Galindo
Governments have differing views on the Internet and what purpose it should serve, this is reflected in how governments around the world choose to present information on-line to its citizens. This article examines the ways governments are using the Internet to communicate with the citizenry and the kind of Internet regulations that exist in the United States and Europe. The article also discusses what type of government regulation and use of the Internet is in compliance with democratic norms such as separation of powers, equal participation in government, and human rights.
Volume 38/Number 4
Regulating Spam in Hong Kong and Malaysia: Lessons from Other Jurisdictions
By Rebecca Ong
The Internet has revolutionized business practices, made them more efficient and has allowed for greater international communication/advertisement. There is however, the problem of “spamming” which often overwhelms people’s email accounts and serves as a conduit for computer viruses. This article examines how governments in South-East Asia and Western States such as the United States and the United Kingdom, have tried to curb the problem of “spam.” The author also proposes that because of the global nature of the Internet and thus, of “spamming”, only a global solution is an adequate regulatory mechanism to treat this problem.
Volume 38/Number 3
Reprogenetics: Unprecedented Challenges to Respect for Human Life
By Professor Margaret Somerville
New reproductive technologies have dramatically altered how human beings may be conceived, how genetic material is transmitted, what genetic material is transmitted (today, an embryo’s genetic heritage may be altered through genetic manipulation), and what gender a child will have – whereas it used to be by chance, now science can decide. This poses serious bioethical problems. Professor Somerville gives an overview of reproductive science as well as traditional views of the sanctity of human life. She then discusses the ethical controversies involved with sex selection, reproductive freedom and the moral status of human embryos.
Volume 38/Number 2
Of the Internet and Medicine: Prescribing Rules for Treatment of the Network
By Joseph Van Eaton and Matthew K. Schettenhelm
The Internet brings both challenges and opportunities for the medical profession. The Internet offers vast amounts of information for patients and doctors alike, allows doctors to stay up to date with medical advancements, provides access to various medical records and reports, and increases patient-doctor communication. Many national governments have started programs to harness the Internet’s medical potential. However, this is based on an assumption that an Internet network “will be universally available and will operate in a way that will encourage new medical applications.” This article examines this assumption and proposes a basic set of legal principles to ensure that communication networks are used to further public health.
Volume 38/Number 1
Status of Intellectual Property Law in the Age of the Internet
By Garry E. Hunter
The advent of the Internet Age has allowed anyone with a computer to publish their thoughts, literary works, and other contributions to anyone who accesses their website. Therefore, there exist great difficulties in protecting a person’s intellectual property on the web. This article defines and discusses copyright, trademark, and intellectual property and how governments and courts are trying to apply these laws to the Internet.
Volume 37/Number 4
The Relationship between e-ADR and Article 6 of the European Convention of Human Rights Pursuant to the Case Law of the European Court of Human Rights
By Susan Schiavetta
Alternative Dispute Resolution is a mechanism to resolve legal disputes outside of the courtroom; the growth of the Internet as a means of communication and computer technology has led to an online dispute resolution system (e-ADR). The European Convention of Human Rights (ECHR) guarantees the right to a fair trial and sets guidelines for ADR to ensure fairness. These guidelines, the author argues, should also be applied to e-ADR. This article examines both ADR and e-ADR and its relationship with the ECHR in light of European case law. The author also gives recommendations as to how e-ADR can best comply with European law.
Volume 37/Number 3
Further Liberalization of Telecommunications Services under the Framework of the WTO in the 21st Century
By Yun Zhao
The 1997 WTO Agreement on Basic Telecommunications has liberalized the telecommunications industry into a truly international business. Since the agreement and worldwide deregulation of the telecommunications industry, prices and costs have gone down while efficiency has increased. Nevertheless, corporate fraud, market and regulatory failures, etc. have plagued much of the industry. This article discusses the further liberalizations of the industry that will and according to the author, should take place, and also discusses the growth of new telecommunications services and the place they will occupy in future negotiations over liberalizing telecommunications.
Outsourcing: Are You Sure or Offshore? Identifying Legal Risks in Offshoring
By Ken Shiu
‘Offshoring’ has become a hot topic in the U.S. and some other Western countries. Aside from economic and political risks associated with companies outsourcing to developing nations, there are legal risk factors that must also be taken into account. For example, how a company should structure an offshore enterprise and manage it. There are also legal issues surrounding the enforcement and protection of intellectual property rights (if IP constitutes a component of the industry) and compliance with regulatory, labor, and tax regimes. The author advises companies to err on the side of caution when embarking on an offshore venture and advises them on how to best meet the legal risks involved.
Volume 37/Number 2
To Tax or not to Tax? That is the Question? Overview of Options in Consumption Taxation of E-Commerce
By Subhajit Basu
The growth of e-commerce provides many benefits to consumers and businesses. However, e-commerce has also proven difficult for governments to regulate and tax goods and services shipped across borders. This difficulty has been compounded by the “potential for multiple laws addressing identical issues” in each individual country. The principle challenge, therefore, is “how to implement geographically limited taxing systems in a technological environment that renders geographical borders essentially irrelevant.” The author discusses in depth how several nations have tried and are trying to create an effective tax regime on e-commerce. Furthermore, while this article does not propose any concrete “solutions”, it does advise that tax regimes should be as simple and uniform as possible to avoid hindering the development e-commerce and further innovations.
Volume 37/Number 1
The Technology of National Security
By Ginger Vaudrey
This article discusses the controversies surrounding governments’ use of certain technologies for national security purposes. Many worry that such technologies give government greater power to infiltrate and monitor the private lives of ordinary citizens. The author reviews several different surveillance technologies and the constitutional problems raised by them. While not taking sides, the author does stress the need to balance national security with privacy rights.
Using Technology to Ensure Environmental Justice
By Sunil K. Rajappa
Environmental degradation tends to have a greater impact on those in less affluent areas. For example, pollution sources are more often placed in poorer neighborhoods than wealthy ones. However, advances in technology may serve as a tool to rectify this situation. The Internet Age gives at risk communities more access to information on environmental hazards and the ability to communicate, organize and lobby for higher environmental standards and protections. While the author notes that those in poorer communities still have less access to computers and the Internet, this technology remain an important tool in environmental activism and enables the public to play an active role in forming environmental policy that will effect their communities.
Volume 36/Number 4
Evaluating Privatization of Telecommunications to Foster Economic Growth: Argentina Revisited
By Andrea L. Johnson
This article examines Argentina’s attempts at privatizing its telecommunications industry. The author examines the historical, legal and economic background of Argentina’s venture and argues that several factors, such as government corruption, failures to enforce the rule of law and certain fiscal policies ordered by the IMF all contributed to Argentina’s economic woes and its fall from grace as the poster-boy for the benefits of privatization. While the author’s case study is on telecommunications, her article applies to economic privatization as a whole. She concludes by noting that while privatization is a reality that will not go away and one that does provide great economic potential and benefits to countries that pursue it, “the process must be more carefully managed to account for the particular goals and needs of each developing country . . . . . one prescription does not cure all.”
Volume 36/Number 3
Technology in the Courtroom
By Yuval Rubinstein
This article looks at the newest innovations in courtroom technology. The author gives the reader a survey of courtroom technology, such as videoconferencing, electronic filing and real-time transcriptions. He discusses the positive impact this and other technologies, but also notes the challenges faced by the developing world of effectively adopting courtroom technology. However, the author sees great potential for advancing the rule of law, if, with the help of international organizations, new technologies can be brought to and adopted for developing nations.
Volume 36/Number 2
In Re: Sealed Case- No. 02-001: How Congress and the FISA Court of Review Designed an End-Run Around the Fourth Amendment
By Neal Herzog and Jonathan Palmer
This article discusses In re: Sealed-Case – No. 02-001 to asks whether the FISA Court’s decision comports with the Fourth Amendment of the U.S. Constitution. The authors conclude it does not. Moreover, they take an in-depth look at FISA as amended by the USA PATRIOT ACT and conclude that there exists a regulatory scheme that allows law enforcement agencies to circumvent the Fourth Amendment’s protections against unreasonable search and seizure. Finally, the authors propose FISA be altered in a way that will satisfy the reasonableness requirement of the Fourth Amendment. Their proposal includes a two-tear system that differentiates between collecting information for foreign intelligence and criminal prosecutions.
Volume 36/Number 1
UCITA, Shrink-Wrap Agreements, and Consumers
By Marie Evans
This article focuses on the intersection of technology and contract law. Looking at mass-market consumer software warranties, known simply as “shrink-wrap agreements”, the author asks whether legal provisions found in the Uniform Commercial Code and the Uniform Computer Information Transaction Act provide adequate consumer protections while retaining economic efficiency. The author acknowledges that shrink-wrap agreements are economically efficient but thinks it comes at too great a cost in terms of consumer protection when one considers the lopsided nature of the manufacturer-consumer relationship. The author proposes legislation to require software manufacturers to provide consumers a warranty of merchantability, more precise and commonly understandable language on shrink-wrap agreements and prior notice “indicating whether express warranties are limited or disclaimed.”