Ma, Minhu; Liyang, Feng and Zhifang, Dong (China): Cost, Defining, and Responsibility of Government Purchasing Open Source Software

MAK, Kwok Hung (Hongkong) and Yung, Barry Chin Chi (Canada, HK): Computer Forensics: in the Technological, Procedural/Organizational and Legal Perspectives

Maresceau, Kristof and Tison, Michael (Belgium): Cross-border business in the European Union and statutory disclosure requirements: using IT as a catalyst for further market integration

MEJZLIK, Ladislav (Czech Republic): XBRL – the Tool for Automated Semantic Readability of Electronic Financial Statements

Mendis, Dinusha (UK): From Librié to the Sony Reader: The Beginning of the End? Legal Implications surrounding the eBook debate and the Sony Reader

Morse, Edward A. (US): The Internet Gambling Conundrum: Approaches to Extraterritorial Regulation of Internet Businesses

Moringiello, Juliet (US): Towards a System of Estates in Virtual Property

Nel, Sanette (South Africa): Anonymous online speech: The fine line between corporate criticism and cybersmear

The Research on Lawful Interception in Information Society from a Comparative Law Perspective by Ma Hairong and Minhu Ma, Xi’an Jiaotong University.
Ma Hairong is taking her master degree of Law in Xi’an Jiaotong University. Major studies on Information Security Law.









Minhu Ma, Professor of law at Xi’an Jiaotong University, China, is the director of Chinese information law seminar, the academician of the World Jurist Association, the adviser of information & network security experts group of Shaanxi Province, the consultant of Xi'an Intermediate People's Court of the People’s Republic of China and the arbiter of Xi'an Arbitration Commission. Professor Ma specializes in intellectual property law, information & technology law, cyber-security law and the issues of information securities..
Abstract
Lawful interception has a very long history in every country as a measure of criminal detection. Along with the rapid development of information technologies and the global prevalence of the internet, networks has already become a new type of crime tool, crime locale and crime target. Internet lawful interception is an effective measure to prevent and fight against the internet crime. However, the “clash” between technology and the law often represents that the existing theory of law and its practice cannot solve new problems brought by new technologies. Therefore, how to apply lawful interception through networks and broadband, and how to balance between the public interest and the individual privacy is a big question of Chinese legal academia. Based upon this situation, the research on the legislative status, basic content and technology standards of the lawful interception in other countries can provide valuable experience for China and its legalization of lawful interception.

Cost, Defining, and Responsibility of Government Purchasing Open Source Software by Minhu Ma; Feng Liyang and Dong Zhifang. Xi’an Jiaotong University, China.
Minhu Ma, Professor of law at Xi’an Jiaotong University, China, is the director of Chinese information law seminar, the academician of the World Jurist Association, the adviser of information & network security experts group of Shaanxi Province, the consultant of Xi'an Intermediate People's Court of the People’s Republic of China and the arbiter of Xi'an Arbitration Commission. Professor Ma specializes in intellectual property law, information & technology law, cyber-security law and the issues of information securities..
Abstract
Various countries now are paying close attention to open source software because of its “security cost” which is different from the commercial software. But how to make the “security cost” as one of government’s purchasing principles, define national open source software and respond to the technique and product flaw services of open source software are all new legal problems which needs to be analyzed.

Computer Forensics: in the Technological, Procedural/Organizational and Legal Perspectives by Kwok Hung MAK, Lands Department of the Hong Kong Special Administrative Region Governmen and Barry Chin Chi Yung, Chin & Associates, Solicitors HK.
Mr Kwok Hung MAK ( LLB(Hon.) 1996, University of Wolverhampton; LLM 2001, City University of Hong Kong; Doctor of Business Administration student of Curtin University of Technology, Australia)  is a Land Executive (full time) of the Lands Department of the Hong Kong Special Administrative Region Government.
Barry Chin Chi Yung ( LL.B. (Hons.), Wolverhampton University ; LL.M, Sun Yat-Sen University, Guangdong, China; P.C.LL, City University, Hong Kong ; MBA, Andrews University, Michigan, USA; B.Sc. (Electrical Engineering), University of Saskatchewan, Saskatchewan, Canada; and Diploma (Mechanical Engineering), Southern Alberta Institute of Technology, Alberta, Canada) is the principal of Chin & Associates, Solicitors HK.
Abstract
Computer forensics forms a vital part in the process of procurement for better data security. It helps law enforcement officers as well as computer forensic specialists to unveil the illegal dealing of the miscreants who usually commit the cyber crimes, and then hide themselves in the foggy environment of the digital world. This special technique makes it more easily for the law enforcement officers to ferret the wrong doers and convict them in the court. In this paper, we introduce the concept and definition of computer forensics, the contemporary technology, methodology and relevant legislations in computer forensics science. We also depict the role of the three groups of professional in the area of computer forensics and analysis their interrelationship, identify the gap and try to suggest measures to bridge the gap. The ultimate aim is to work out a model towards a more comprehensive solution for better data protection in computer networks.

Cross-border business in the European Union and statutory disclosure requirements: using IT as a catalyst for further market integration by Kristof Maresceau and Michel Tison, University of Ghent.
Kristof Maresceau is researcher at the Financial Law Institute, Ghent University (Belgium). In that position he is preparing a doctoral thesis on a possible ‘Delaware’-effect in the European Union.






Michel Tison is professor at the Law School of the University of Ghent. Since October 1998 he has taken up a teaching assignment with courses on enterprise law, banking and capital market law and the European banking and capital market law. All courses are taught in the additional degree for corporate lawyers. His research focuses mainly on topics of banking and financial law, European banking and financial law, and company law. He has extensively published in these fields of research.
Abstract
This paper highlights the gap between the opportunities for EU-companies to fully exploit their freedom of establishment on the one hand and the obstacles flowing from the mainly national organisation of information filing requirements through business registers on the other hand. From the point of view of companies, this gap partly neutralises the efforts replayed both in EU regulation and ECJ jurisprudence to guarantee the freedom of establishment. Companies are not only often obliged to file the same information in different countries but, due to the lack of information sharing between the countries in which they are established, investors, creditors and other stakeholders may suffer information asymmetries. We analyse the possible legal approaches towards organising the filing of information in a network model. The design of a technical solution to improve the cross-border sharing of corporate data in order to decrease administrative burdens on the freedom lies at the heart of the BRITE project. BRITE wishes to increase the interoperability of business registers, not only with a view to facilitating the cross-border establishment of companies, but also as a tool for other users (including public authorities) who can benefit from the better dissemination of public company data and the possibility to aggregate data at a European level. We submit that the European lawmakers have not yet fully exploited the possibilities offered by linking national public information systems into networks, although the Transparency Directive does envisage a network approach as regards the dissemination of company and financial information by listed companies.

XBRL  the Tool for Automated Semantic Readability of Electronic Financial Statements by Ladislav MEJZLIK, University of Economics, Prague (UEP).

























Ladislav MEJZLIK is appointed as Head of Department of Financial Accounting and Auditing on Faculty of Finance and Accounting of the University of Economics, Prague (UEP). He cooperates closely with business practice. Since 1993 he has worked as an licensed auditor (CPA) and he has been a partner of an auditing firm. At the Chamber of Auditors (CACR), he is responsible for the content of one of auditor’s examinations in the area of information and communication technology. He is also a member of the Board for Continuing Professional Education of Auditors of the CACR. Since 1995 he has been a member of European Accounting Association (EAA) and in 2004 he was elected to be the EAA National Representative for the Czech Republic. In connection to it, he also serves as a member of the EAA Board of Representatives. Since 2004 he is a member of the American Accounting Association. Since 2000 Mr. Mejzlík has worked as a coordinator of the IASB official translation of International Financial Reporting Standards (IFRS) into the Czech language and has been translating a substantial part of it. He worked as a member of the Review Committee of European Union (EU) for revision of the official translation of IFRS into the Czech language for EU Official Journal. In 2004 he has been translating a substantial part of International Public Sector Accounting Standards issued by International Federation of Accountants (IFAC). Since 2004 he has dealt with implementation of eXtensible Business Reporting Language (XBRL) as the EU national coordinator for the Czech Republic. His professional specialization is divided into using the information and communication technology in accounting and auditing, and regulation and harmonization of accounting internationally, especially implementation of IFRS. Mr. Mejzlík is known for his extensive lecturing and publication activities. He has held the research projects and has presented his papers on a number of international conferences.
Abstract
The paper deals with general questions of business data communication, particularly it focuses on the XBRL open data format. The XBRL concept and taxonomy is analyzed to a grater extent as well as both circumstances supporting the concept and preventing it from its larger international use. Moreover, the structure and activities of the non-profit XBRL International association is described, together with a report on an XBRL implementation process carried out in the USA, EU and the Czech Republic. Finally a brief list of possible XBRL implementation impacts

From Librié to the Sony Reader: The Beginning of the End? Legal Implications surrounding the eBook debate and the Sony Reader by Dinusha Mendis, University of Central Lancashire.


Dr. Dinusha Mendis is a Lecturer in Law at the Centre for Law Information and Converging Technologies, University of Central Lancashire. Dinusha studied law and holds a LL.B. from the University of Aberdeen; LL.M. from the University of Edinburgh; PgDL from the Nottingham Trent University and PhD from the University of Edinburgh. Dinusha gained an insight in to the practice of Intellectual Property law whilst working for the IP law team at Shepherd & Wedderburn Solicitors in Edinburgh. In October 2001 she was Called to the Bar of England & Wales and is a member of the Honourable Society of the Middle Temple Inn, London.
Abstract
The Sony Reader is the latest single-user business model for eBooks and successor to its Japanese predecessor Librié. Together with its rival iLiad distributed by iRex Technologies (a spin-off company of Philips) these latest eBook Readers purport to revolutionise the act of reading with electronic paper and eInk with the Sony Reader boasting 12,000 titles in its on-demand ‘CONNECT’ eBook Store. However, since these ‘cutting-edge’ reading devices, Sony Reader and iLiad, hit the American market in April and May 2007 respectively, it has created a furore in the world of intellectual property and information technology law. This paper will initially re-address the longstanding eBook debate and addresses the more complicated legal issues arising from this latest device with particular reference being made to the increased interoperability with DRM-free text, Microsoft Word, Adobe PDF and its own proprietary Broadband eBook format. The paper will further raise the question of the first-sale doctrine in copyright law: can it be effectively applied to digital deliveries? Plenty of attention has been lavished on the music industry and online digital music distribution. Therefore it is the aim of this paper to explore a relatively unexplored area of the eBook Reader and the ‘paperless word’ which, without doubt, is one of the most useful technological developments of our time. Yet, if the endeavours of the eBook industry to lock-up the titles they release remain unchecked, a realisation of the fullest potential of eBooks will sadly be lost, unless alternative measures are taken, of which some are discussed in the paper.

The Internet Gambling Conundrum: Approaches to Extraterritorial Regulation of Internet Businesses by Edward A. Morse, Creighton University School of Law.
Edward A. Morse, McGrath North Mullin & Kratz Chair in Business Law and Professor of Law, Creighton University School of Law, Omaha, Nebraska.
Abstract
The geographical transcendence of the Internet presents challenges for government regulation of activities such as Internet gambling, which are legally proscribed in some jurisdictions and allowed in others.  The Unlawful Internet Gambling Enforcement Act (UIGEA) enacted in October 2006 provides one approach to regulating Internet gambling by focusing on its financing, rather than the individual actors. This article provides an analysis of the UIGEA and its effects on Internet gambling firms, as well as related businesses.  Financial markets suggest this legislation has reduced Internet gambling in publicly traded firms.  However, this law may also have the effect of enhancing investment capital flows for online gambling firms, due to clarification of the legal status for firms who are not targeting U.S. residents in violation of UIGEA.  The ultimate result may depend on whether other nations follow suit in targeting extraterritorial business with domestic gambling patrons.

Towards a System of Estates in Virtual Property by Juliet Moringiello, Widener University School of Law in Harrisburg, Pennsylvania, USA.






Juliet Moringiello is a Professor of Law at Widener University School of Law in Harrisburg, Pennsylvania, USA. She earned her Bachelor of Science in Foreign Service from Georgetown University, her J.D. from Fordham University, and an LL.M. in Legal Education from Temple University. At Widener, she teaches in the areas of Commercial Law, Bankruptcy, Electronic Commerce and Property. Professor Moringiello is an elected member of the American Law Institute, an active member of the Cyberspace Law Committee of the American Bar Association Business Law Section and is the editor of the annual Survey of Cyberspace Law, published in The Business Lawyer. Her recent articles include “Electronic Contracting Cases 2006-2007” (with William L. Reynolds, forthcoming in The Business Lawyer), and “False Categories in Commercial Law: The (Ir)relevance of (In)tangibility” (forthcoming in the Florida State University Law Review). 
Abstract
Virtual worlds such as Second Life have received a lot of press in the United States recently. As individuals and businesses participate in these virtual worlds, questions arise regarding the application of existing laws to their virtual world transactions. Many questions have arisen regarding the property rights of participants in virtual worlds, and a Second Life member recently sued Linden Research, the company that developed Second Life, alleging that Second Life converted his virtual property. The questions regarding the legal nature of virtual world assets tend to mirror the questions regarding intangible rights generally, as courts have tended to struggle over whether these rights are property rights or contract rights. In this paper, I propose that the principle of numerus clausus be applied to virtual property, so that courts faced with disputes over such assets will have mandatory property forms to which to resort. Such an approach would limit the ability of vendors of such rights to customize them through their contracts, which are commonly embodies in electronically-presented standard forms.
Towards a System of Estates in Virtual Property

Anonymous online speech: The fine line between corporate criticism and cybersmear by Sanette Nel, University of South Africa.








Prof Sanette Nel (BLC LLB, University of Pretoria) and (LLM and LLD, University of South Africa) is Professor of Law at the University of South Africa. She has been teaching law for the past 21 years, more specifically Communication Law, Media law, Internet law and Medical Law at both undergraduate and postgraduate levels. She is an admitted attorney of the High Court of South Africa and has practiced as an attorney until 2004. She is a member of the Unit for Medicine and Law and Co-director of the Certificate course in Medicine and Law. She has published numerous articles and delivered various papers on a wide range of topics – her research interests include Media Law, Internet Law, Medical Law and Environmental Law. She is one of the co-authors of the book Cyberlaw@SA:The Law of the Internet in South Africa. She has acted as assessor in a number of murder trials. As senior researcher she was involved with the research project for the compilation of a legal dictionary by the Centre for Legal Terminology in African languages and for a number of years she was involved with projects by the Centre for Women’s Studies.
Abstract
The Internet has revolutionized the manner in which online users can communicate with each other and view information. However, it has also provided a platform for employees to defame their employers and for individuals to post false information on financial bulletin boards or stock related chat rooms, often referred to as corporate cybersmear, which can cause real damage to a corporation and be potentially devastating to its stock value. The problem lies in clarifying the boundaries of protected speech and defamation: There is a fine line between lawful criticism and cybersmear. Although speech should not be unnecessarily inhibited, the vast Internet audience coupled with the possible devastating consequences of defamatory statements necessitate the conclusion that accountability is justified in certain circumstances. An approach is needed that places at least as great an emphasis on accountability and the important interest in reputation that defamation law seeks to protect as it places on the right to communicate anonymously. This is a comparative discussion of the issue of corporate cybersmear and the attempt to strike a balance between on the one hand, corporations seeking to protect or repair their reputations and on the other, anonymous speech that is constitutionally protected.