LSPI

Authors

Hannesson, Einar (Iceland): SafeSeaNet and traffic monitoring of ships and dangerous or polluting goods in maritime transport within the European Economic Area

He, Huwain (China): Safe Harbor Provisions of China Law: How Clear Are Search Engines from Liability?

Iqbal, Usman (Australia) and Lim, Samsung (Australia): Legal and Ethical Implications of GPS vulnerabilities

Iqbal, Usman (Australia) and Lim, Samsung (Australia): User Perspective of Privacy in Mobility Pricing Systems: A Survey

Kesar, Shalini (USA): New Phishes in the Pond: A Wake up Call for China in the Context of Management of Computer Crime

Kleve, Pieter and De Mulder, Richard (Netherlands): Privacy protection and the right to information: in search of a new symbiosis in the information age

Kosta, Eleni; Zibuschka, Jan; Scherner, Tobias and DUMORTIER, Jos (Belgium, Greece): Privacy-enhancing user-friendly Identity Management for Location Based Services using PRIME technology – A legal discussion

Li, Wen (China, UK): Stones from Other Hills: Finality Rules within the Law of International Large Value Electronic Credit Transfers in China

SafeSeaNet and traffic monitoring of ships and dangerous or polluting goods in maritime transport within the European Economic Area by Einar Hannesson, EFTA Suveillance Authority.
	Einar Hannesson is an officer in the Internal Market Affairs Directorate of the EFTA Suveillance Authority, where his responsibilities include the implementation control of the single market legislation in the fields of Maritime Transport in the three EEA EFTA States- Iceland, Norway and Liechtenstein. He has several years of experience in working with EEA law in the fields of Transport and Telecommunications- from drafting national laws, to being a diplomat towards the EU, to finally, supervising the implementation of the EEA acquis communautaire into national legal order.
Abstract The European Union has established extensive system for vessel traffic monitoring and information system with a view to enhancing the safety and efficiency of maritime traffic. This new information system will be mandated in most ships and provide the EU Member States and the European Commission with various information pertaining to cargo and traffic routes. The information system requires telematic exchange of data according to defined syntax and procedures and has sanctions based on EU Law for non-compliance. The information system is first and foremost the brainchild of the EU but is also interlinked with several International Conventions pertaining to prevention of pollution and maritime security. The information system will be mandatory within the European Economic Area and will, therefore, concern maritime traffic in most European waters – from the North-Atlantic Ocean to the Black Sea.
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Safe Harbor Provisions of China Law: How Clear Are Search Engines from Liability ? by Huaiwen He, Peking University.
	Huaiwen He is a PhD candidate, major in Intellectual Property Law at Peking University. He received his Juristic Master at the Peking University Law School in 2006. He is the recipient of the first prize for the essay contest held by the National Intellectual Property Strategy Office regarding national Intellectual Property Strategy and the 2006 Prize for the Best Law Student 2004-2005 in China, English essay contest held by Freshfields Bruckhaus Deringer law firm . He is currently the secretary of the Internet Law Center of Peking University Law School & Yahoo!
Abstract The Chinese safe harbor provisions are interweaved with the civil law rules with regard to copyright infringement. The Regulation on the Protection of the Right of Communication through Information Network should have provided a circumspect and uniform “safe harbor” for search engines. But the judgment of IFPI v. Yahoo! China proves otherwise. This case, which was appealed and is still pending, muddles the water. The court applied Article 23 of the Regulation－the Chinese “safe harbor” for search engines－but instead , misapplied the law. This exemplary case reveals that the combination of an underdeveloped tort law system with different safe harbor provisions belonging to different legal instruments commands careful interpretation of law so that legal certainty could be preserved. This article carefully examines the existing safe harbor provisions under the Chinese legal system , identifies and analyzes the errors in applying law in the Yahoo! China case. This paper will show that a future judicial interpretation or legislative effort is needed to cure existing lacuna in the law.
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Legal and Ethical Implications of GPS vulnerabilities by Muhammad Usman Iqbal and Samsung Lim, University of New South Wales (UNSW), Australia.
	Muhammad Usman Iqbal is enrolled as a PhD student at the School of Surveying and Spatial Information Systems, Faculty of Engineering, The University of New South Wales (UNSW), Australia. He holds a Masters degree in Computer Science from UNSW and a Bachelors degree in Computer Science from the University of Karachi, Pakistan. His area of research is Privacy-aware Automotive Telematics where he seeks an understanding of ‘locational privacy’ and the importance of designing privacy-respecting technology solutions. Usman’s work is supported by the ‘Metadata Scholarship’ from OMNILINK Pty. Ltd., where he has also developed a GIS Metadata Software Portal. Prior to post-graduate studies, Usman has worked in the industry as a Software Engineer for 2 years. He is a student member of IEEE, ACM, Australian Privacy Foundation (APF) and the Australian Computer Society (ACS).
	For the past fifteen years, Dr Samsung Lim's research has been focused on the area of GNSS and GIS. Samsung’s research interests are in theoretical problems related to RTK-GPS, Geo-spatial Information Technologies, and Geographic 3D Modelling. Samsung has developed an address-based search tool in 2005 in conjunction with conventional web-map services such as Google Earth, and created a textured 3D model of UNSW Kensington Campus in 2006.
Abstract The Global Positioning System (GPS) has slowly permeated into the civilian community and has become an essential accessory for the modern individual. Various commercial applications heavily rely on GPS technology. GPS has also started receiving attention in court cases, where it has been admissible as evidence leading to convictions or proving innocence. However, GPS is a radio-navigation system and is prone to vulnerabilities that may be introduced intentionally or unintentionally. The legal literature has not debated the possibility of human alteration of GPS data in judicial reasoning which raises the prospect of forged GPS data being presented to courts by individuals who have the motive and the technical knowledge to do so. By exposing the weaknesses present, this paper aims to draw the attention of the legal fraternity to these issues which may put the legal system in a dilemma as over-reliance on GPS technology may produce disastrous results, especially when innocence or guilt largely depends on GPS evidence.
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User Perspective of Privacy in Mobility Pricing Systems: A Survey by Muhammad Usman Iqbal and Samsung Lim, University of New South Wales (UNSW), Australia.
	Muhammad Usman Iqbal is enrolled as a PhD student at the School of Surveying and Spatial Information Systems, Faculty of Engineering, The University of New South Wales (UNSW), Australia. He holds a Masters degree in Computer Science from UNSW and a Bachelors degree in Computer Science from the University of Karachi, Pakistan. His area of research is Privacy-aware Automotive Telematics where he seeks an understanding of ‘locational privacy’ and the importance of designing privacy-respecting technology solutions. Usman’s work is supported by the ‘Metadata Scholarship’ from OMNILINK Pty. Ltd., where he has also developed a GIS Metadata Software Portal. Prior to post-graduate studies, Usman has worked in the industry as a Software Engineer for 2 years. He is a student member of IEEE, ACM, Australian Privacy Foundation (APF) and the Australian Computer Society (ACS).
	For the past fifteen years, Dr Samsung Lim's research has been focused on the area of GNSS and GIS. Samsung’s research interests are in theoretical problems related to RTK-GPS, Geo-spatial Information Technologies, and Geographic 3D Modelling. Samsung has developed an address-based search tool in 2005 in conjunction with conventional web-map services such as Google Earth, and created a textured 3D model of UNSW Kensington Campus in 2006.
Abstract Mobility-pricing is one of the avenues leading to the ‘information highway’. Using a combination of positioning, communication and information processing, automobile insurance can be priced based on actual mileage of the vehicle. Vehicle’s location is periodically and electronically disclosed to a central server for invoice generation. This raises the possibility of this data being used to reveal the driver’s identity and social activity. Past research has only been speculative of the ‘motorists’ privacy perspective’. This paper uses mobility-priced insurance as a case study and reports the results of a survey where respondents are asked to indicate their preferred trade-off between location privacy and the setup costs of a hypothetical mobility-priced insurance product. The respondents are also asked about their willingness to reveal location information to various social groups as a function of the time of day and day of week. It is hoped that the results of this research can be used to influence the design of other mobility-based payment systems.
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New Phishes in the Pond: A Wake up Call for China in the Context of Management of Computer Crime by Shalini Kesar, Southern Utah University, Cedar City, Utah.
	Shalini Kesar is Professor of Information Systems Security, Department of Computer Science & Information Systems, College of Computing, Integrated Engineering and Technology, Southern Utah University, Cedar City, Utah. Her research and publications focus in the following areas: management of information security; computer crime; computer ethics, electronic commerces; and E-Government. Her publications mainly focus on issues surrounding the problem of managing computer crime. She also obtained an MPhil for her thesis on ethical issues in the context of management of computer fraud (Centre of Computing and Social Responsibility, UK) and MSc in information systems (London School of Economics, UK).
Abstract This paper provide an insight into management of computer crime in the context of China. Given that China, like other countries face the increasing problem of computer crime, it argues that is prudent that Chinese government understand that managing such computer crimes cannot alone be dealt with technical controls such as firewalls. Hence China should learn lessons from other countries and focus on addressing both technical and social issues when managing such illicit acts.
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Privacy protection and the right to information: in search of a new symbiosis in the information age by Pieter Kleve and (Richard) V. De Mulder. Erasmus University of law.
	Dr Pieter Kleve (1954) has been a lecturer in Computer Law at the faculty of law, Erasmus University Rotterdam, since 1986. He is a participant in the research school safety and society and has a special interest in intellectual property and ecommerce.
	Prof. R. (Richard) V. De Mulder(1946) holds the chair of Computers and Law at the faculty of law, Erasmus University of law. He is the director of the Erasmus University research programme "Safety and Monitoring" which is part of the national research school "Safety and Security in Society" (onderzoeksschool maatschappelijke veiligheid, OMV). Richard De Mulder has a special interest in jurimetrical research and the application of new technology, especially for monitoring and safety.
Abstract The dichotomy between personal privacy and free access to information, which has come increasingly to the fore with the advance of information technology, justifies a reconsideration of these traditional values and interests. In this article, it is contended that privacy, as a constitutional right, is subject to changing norms as a result of the advent of the information society. In today’s information society, citizens weigh the importance of protecting privacy against the advantages of free access to information. The criterion they use is a rational one: an evaluation of which option provides the individual with the most benefit. The protection of privacy is no longer an unconditional good. For state organisations to champion privacy at any cost is, therefore, out of step with this development. A new balance has to be established between the citizen’s right to privacy and their right to know, taking into account this shift in values. In order to prevent on the one hand overzealous protection and, on the other, the abuse of information, it is necessary to set up the monitoring function in a new way.
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Privacy-enhancing user-friendly Identity Management for Location Based Services using PRIME technology – A legal discussion by Eleni Kosta, Katholieke Universiteit Leuven; Jan Zibuschka, Frankfurt University; Tobias Scherner, Frankfurt University and Jos DUMORTIER, Katholieke Universiteit Leuven.
	Eleni Kosta joined ICRI as a legal researcher in August 2005, where she conducts research in the field of privacy and identity management, specialising in the area of electronic communications and new technologies. Her current research projects include the European Project Privacy and Identity Management for Europe (PRIME) and the Network of Excellence Future of Identity in the Information Society (FIDIS). Eleni obtained her law degree at the University of Athens in 2002 (magna cum laude) and in 2004 she obtained at the same University a Masters degree in Public Law (summa cum laude). In the academic year 2004-2005 she attended the Postgraduate Study Programme in Legal Informatics (Rechtsinformatik) of the University of Hanover (EULISP) with a scholarship from the Greek State Scholarships Foundation (IKY) and she obtained her LLM (magna cum laude). Eleni is preparing a PhD at the Katholieke Universiteit Leuven on “Consent as a legitimate ground for data processing in electronic communications”, under the supervision of Prof. Dr. Jos Dumortier.
	Jan Zibuschka is a researcher at the T-Mobile Chair for m-Business and Multilateral Security at Frankfurt University, which he joined in November 2005 and works on his PhD thesis. He conducts research in the field of privacy and identity management, specialising in infrastructure aspects and the mobile scenario. His current research projects include the European Project Privacy and Identity Management for Europe (PRIME), he has also co-authored deliverables in the Network of Excellence Future of Identity in the Information Society (FIDIS), and worked in related projects. He obtained a computer science degree at the University of Darmstadt in November 2005, and has co-authored several scientific publications.
	Tobias Scherner is a researcher at the T-Mobile Chair for m-Business and Multilateral Security at Frankfurt University, which he joined in May 2005, and works on his PhD thesis. He conducts research in the field of privacy and identity management, specialising in location-based services and assurance methodologies. His current research projects include the European Project Privacy and Identity Management for Europe (PRIME), he has also co-authored deliverables in the Network of Excellence Future of Identity in the Information Society (FIDIS), and worked for related projects. He obtained an economics degree at the University of Frankfurt in January 2005. His diploma thesis won him the Integrata Foundation's Wolgang Heilmann Award. He has co-authored several scientific publications.
	Prof. Dr. Jos DUMORTIER is a professor in Information Technology Law and Legal Informatics at the Faculty of Law, K.U.Leuven since 1989 and Director of ICRI since its start in 1990. He is regularly working as an expert for the European Commission, for Belgian and foreign governments and for private organizations. He is a member of several boards and committees in Belgium and abroad. He is also the chairman of the Legal Interest Group of EEMA. Professor Dumortier published numerous books and articles on various issues related to information technology law, electronic communications law and legal informatics. He is the editor of the International Encyclopedia of Cyber Law. Jos Dumortier is also member of the Brussels Bar and partner of the Law firm “time.lex”.
Abstract The term Location Based Services (LBS) is used for applications that leverage the user’s physical location to provide an enhanced service or experience, such as route guidance, tourist and weather information etc. The traditional LBS implementation allows the Mobile Operator as well as the Application Provider of the Location Based Service to have access to a large amount of personal data of the user. The PRIME toolbox, an identity management system, can be used in mobile applications in order to enhance the privacy of the user. In this paper we are going to present the PRIME toolbox and examine it from a legal viewpoint, using a Pollen Warning Application as our case study.
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Stones from Other Hills: Finality Rules within the Law of International Large Value Electronic Credit Transfers in China by Wen Li, Queen Mary University of London, UK.
	Wen Li (LLM University of Edinburgh; LL.B , China University of Political Science and Law ) is a PhD candidate at the Centre for Commercial Law Studies, Queen Mary University of London, UK. He specializes in banking law, more specifically the law of electronic funds transfer (EFT). In the PhD thesis, he is endeavoring to creatively and realistically establish a feasible legal structure for China’s electronic funds transfer, which covers high value EFT, small value EFT, peer to peer payment system, international electronic credit transfer, and legal issues on risk management in EFT. Moreover, several legal philosophical issues, such as legal transplants and legal localization, are also under discussion in the thesis. He is a recipient of the following awards: Scholarship sponsored by British Paterson Fund in attending the first CUPL & Oriel College University of Oxford common law summer school in Oxford, and won “Distinction” in assessment, 200; Second Class Academic Excellence Scholarship of CUPL, 2002-2003; “Outstanding Legal Practicing Student”, School of Law, CUPL, 2002; and “The Best Debater” in freshmen debating competition, CUPL, 2000.
Abstract By studying finality rules in English law and UNCITRAL Model Law on International Credit Transfers, and considering China’s banking practice, this paper distinguishes four aspects of finality rules, which are time of completion of payment, discharge of underlying obligation owed by the originator to the beneficiary, access to funds, and revocation. To deal with these four aspects, private agreements, Model Law, civil law theory and electronic funds transfers (EFT) statutes should be applied flexibly and comprehensively, and successful banking law approaches from developed countries need to be borrowed by Chinese lawmakers with a broad heart.
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