Authors


Rohrmann, Carlos Alberto (Brazil, Germany): Digital Evidence and Electronic Law Suits

Sankar, K.P. Abinava (India) and Chary, Nikhil (India): The Idea-Expression Dichotomy: Indianizing an International Debate.

Savirimuthu, Joseph (UK): Identity Theft and the Gullible Computer User: What Sun Tzu in The Art of War Might Teach

Schwerha IV, Joseph (USA): Electronic Discovery v. ePrivacy in the transnational context: Will United States electronic discovery procedures unwittingly effect the international eprivacy paradigm?

Sibanda, Omphemetse (South Africa): Choice of Law, Jurisdiction, and recognition and Enforcement of judgements in "click wrap" Transactions in South Africa

Slováková, Zuzana (Czech Republic): International Private Law Issues regarding Trademark Protection and the Internet within the EU

Stavroulakis, Peter and Stavroulakis, Steve (Greece): Technological and Legal Aspects of Communication and Information Security: Case Study Olympic Games

Strouhal, Jiri (Czech Republic): Principal Differences in Financial Reporting Bases in Czech: Comparison of IFRS and Czech Accounting Standards Requirements

An overview of information society law in the European Union by Paul Przemyslaw Polanski, University of Warsaw.


Paul Przemyslaw Polanski obtained his PhD from the Faculty of Law and the Faculty of Science of the University of Melbourne, Australia. He also holds a degree in Law from the University of Adam Mickiewicz in Poland and an IT degree from the Monash University in Australia. He also holds teaching posts in the Department of European Law at the University of Warsaw and in the Department of Information Technology at Leon Kozminski Academy of Entrepreneurship and Management in Warsaw, Poland.
Abstract
The EU has developed a comprehensive framework for Information Society law that spans various areas ranging from a liberal regulation of e-commerce to a stringent legislation in the area of copyrights in the Information Society. This article discusses the evolution of the EU approach to the regulation of e-commerce in the Single Market and demonstrates the most important aspects of the current regulations relevant to this area.

Armageddon on the Digital Superhighway: Will Google E-Library Project weather the storm? by Akhil Prasad and Aditi Agarwala. Gujarat National Law University, Gandhinagar, India.














Akhil Prasad is a VIIth Semester student pursuing B.Com.L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. His areas of interest are IT Law, Intellectual Property Law, Constitutional, Corporate and Commercials laws. He has gained work experience under reputed Law Firms and Organizations specializing in Intellectual Property Rights and Corporate laws such as Fox Mandal Little (currently India’s largest Law Firm), S. Majumdar & Co., IndoJuris Law Offices, etc. & legal luminaries including Dr. [Prof.] Prabuddha Ganguli (CEO, Vision IPR and Consultant to WIPO). He has also carried on various research projects, one of the recent ones being for the Central Govt. of India focusing on ‘Global Trends of Death Penalty’. His research paper was selected for presentation at the prestigious National Workshop on Intellectual Property Rights organized by Indian Institute of Technology (IIT), Kanpur where he was awarded the Best Presentation Award. He has represented the University and won prizes in various legal and academic events such as Client Counseling, Mock Parliament, Lexpired Conversation, Moot Court, Debates and Essay writing competitions. Currently, he is undergoing various courses on IP, E-Commerce & Medical laws from renowned institutes and international organizations.
















Aditi Agarwala is a VIIth Semester student pursuing B.Com. L.L.B.(Hons.) course from Gujarat National Law University, Gandhinagar, India. Her areas of interest include Business Law, Intellectual Property Law and Criminal Law. She has gained work experience under various  leading Law Firms such as Khaitan & Co., S. Majumdar & Co., Nanavati & Nanavati Advocates and had a rare opportunity to carry out a research project for Dr. [Prof.] Prabuddha Ganguli [Advisor of VISION-IPR & Consultant to WIPO] and the Union Govt. of India. She has attended a number of Conferences and has a number of publications to her credit. She has various achievements in public speaking, dramatics and art. She was awarded the Best Speaker in the Mock Parliament organized by Govt. of Gujarat and has bagged awards in debate, extempore speaking, etc. She has also directed two documentaries on socially sensitive issues, one on ‘Drugs Awareness’ and the other on ‘Terrorism’. She was elected as an Official, heading “Literary and Debating Committee” 05’, 06’ for the University and held the position of Vice- Secretary for SPIC-MACAY 03’ (Society for Promotion of Indian Classical Music and Art amongst Youth). She was the team Captain of “Kaleidoscope” – Charitable Program for the rehabilitation of Gujarat Earthquake victims and worked as a Social Worker at Prem Dham (Old Age Home) and CHESHIRE Home. She has a number of achievements in the area of Sports, Mass Communication, Designing and Cartooning.
Abstract
This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘Fair Use’ as a concept of U.S. Copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author’s Guild & Publishers has been examined and an attempt has been made to justify the act of Google under the Fair Use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the Copyright laws to be rewritten for the digital age. Recourse has been made to numerous case laws to appreciate the concept of fair use and this paper concludes by holding Google’s project of digitizing copyrighted books as ‘fair’ as it fulfils the primary aim of copyright law which is “encouragement of learning” and “dissemination of knowledge”.
Whodunit! Assessing Copyright Liability in Cyburbia: Positing Solutions to Curb the Menace of Copyrighted ‘File Sharing’ Culture by Akhil Prasad and Aditi Agarwala. Gujarat National Law University, Gandhinagar, India.
Abstract
The electronic age has kick started the information boom and with an ever increasing pace, it has begun to spread its canvas to engulf mankind as its greatest beneficiary and perhaps its most susceptible slave. This is evident from the universal phenomenon of copyrighted file sharing culture promoted by P2P technologies. Indeed, the P2P architecture poses a threat to the entertainment and software industries which stand on the legislative guarantee of copyright laws. But technological advances have not only caused legislative obsolescence but have also altered the dynamics of information exchange in the online environment. The word ‘State’ seems to have lost its meaning somewhere. Therefore, there is a pressing need on us as an international society to devise alternative solutions and approaches to substantially curb the abuse of digital copyrighted works for copyright laws to have any meaning. It is this global concern which gives birth to this paper.

Anonymous online speech: The fine line between corporate criticism and cybersmear by Alberto Rohrmann, Faculdade de Direito Milton Campos (Brazil) & Faculdade de Direito Milton Campos – FDMC (Brazil).



Alberto Rohrmann is the academic director of the LL.M. Program of Faculdade de Direito Milton Campos – FDMC (Brazil) and Professor of Law at Faculdade de Direito Milton Campos – FDMC (Brazil), where he teaches Cyberlaw and Intellectual Property Law. He is the author of Curso de Direito Virtual – “Course of Cyberlaw”, a book about cyberlaw in Brazil (Ed. Del Rey, 2005) and he has written other legal articles about the subject. Prof. Rohrmann holds a Doctorate in the Science of Law J.S.D. (UC Berkeley, USA).
Abstract
Brazilian courts have  addressied  the admissibility of electronic documents since the first decision during the mid nineties. On December 19th, 2006, through a federal statute called Law number 10.419 of 2006, the Brazilian Congress addressed the use of electronic documents for e-filing legal documents and petitions before courts. Under the terms of the new law,  all communications with courts can be made electronically (including the issuing of electronic summons).  All phases of the law suit can be digitally stored and most of the petitions and supporting can be electronically filed. Digital evidence is regulated by the new legislation in such a way that electronic documents are considered as original documents with all strength of evidence that the corresponded paper based document has. Only some documents cannot be presented in the form of exclusively digital evidence,  such as the case of negotiable instruments that must be also presented in paper. This article analyzes the aspects of Law n. 11.419 of 2006 that deal with digital evidence. Chapter one will describe the regulation of the electronic law suit under the terms of Law n. 11.419 of 2006.

The Idea-Expression Dichotomy: Indianizing an International Debate by K.P.Abinava Sankar and Nikhil L.R. Chary. National Academy of Legal Sciences and Research(NALSAR) in Hyderabad, India.
K.P.Abinava Sankar is a law student currently in his third year of study in the National Academy of Legal Sciences and Research(NALSAR) in Hyderabad, India. He was part of the Organization Committee that had organized the Critical Legal Conference in August 2006. He was one of thirty students selected from across the country to attend a seminar on the Legal Effects of Growing Trends in Biotechnology in September 2001. He has also been selected to present a paper on Ambush Marketing in 2007 and has quite a few publications to his credit.
Nikhil L.R. Chary is a law student currently in his third year of study in the National Academy of Legal Sciences and Research(NALSAR) in Hyderabad, India. He has represented the University in various moot competitions and was a quarterfinalist in the 3rd M.K.Nambiyar Moot Court Competition. He was a part of the Designing committee that had assisted in organizing the Critical Legal Conference in August 2006 and also worked with a number of law firms in India.


Abstract
The idea-expression dichotomy was originally formulated to ensure that the manifestation of an idea is protected rather than the idea itself. Created with the intention of stimulating creativity while at the same time ensuring that such creativity is protected, this concept has come a long way since it was first formulated. However, in developing countries like India, this concept has not yet attained the levels of abstraction that is desirable and there has been little application of this concept in the Indian context. However this position can be expected to change and it is high time the Indian position on this concept is firmly established.

Identity Theft and the Gullible Computer User: What Sun Tzu in The Art of War Might Teach by Joseph Savirimuthu, California University of Liverpool.






Joseph Savirimuthu (LLM(Manchester); Dip Legal Practice; LLB(Hons)(Lancaster) is a lecturer at the Liverpool Law School, University of Liverpool and specialises in information policy and regulatory theory. Participated in the UK Commission on Intellectual Property and undertook consultancy work for NGOs on intellectual property in South Asian countries.

Joseph is Guest Editor of a special issue on Identity, privacy and new technologies in the International Journal of Intellectual Property Management.

Joseph acts as consultant to The Mediation Room, an online dispute resolution company in the United Kingdom; he is a Member of Liverpool ICT Hub initiative and a Member of the UN Expert Panel on Online Dispute Resolution. Joseph is currently engaged in building plaftorms for 3 projects: Dispute Resolution in Virtual Worlds; Online Child Safety and Social Networks; and Disability, Privacy and Virtual Worlds.

Abstract
Securing trust is now a priority. Identity theft, phishing and pharming have exposed shortcomings in the criminal law. The online environment is now seen as the playground of criminals. Online criminal activities pose significant social and economic costs. Apparently, the Fraud Act 2006 is the instrument that will now neutralise the threats posed by phishers and identity thieves. This concept paper is an attempt to chart a less tenuous path of claim and counterclaim that often rears its head when the subject turns to personal Internet security. Accordingly, the paper aims to initiate a debate on how we can begin to think about information security and the role of law against the growing threats posed by identity thieves and phishing. I draw on the insights of Sun Tzu in The Art of War as way of understanding how best we can manage and reduce complexity. The debates have all too often focussed on liability rules and legal reform. The resulting impasse can be overcome if the problem is first of all properly characterised. A balanced policy debate requires an understanding of two key matters - ‘trivergence’ and the gullible computer user. The hypothesis is that before we can think about regulatory tools to curb practices like phishing an identity theft we need a better understanding of the interactions between data, devices and networks.

Electronic Discovery v. ePrivacy in the transnational context: Will United States electronic discovery procedures unwittingly effect the international eprivacy paradigm? by Joseph J. Schwerha IV, California University of Pennsylvania.

































Joseph J. Schwerha IV, ( M.S., J.D. Associate Professor, California University of Pennsylvania; Principal Attorney, Schwerha & Associates;Principal, Trace Evidence, LLC). Mr. Schwerha has the unique experience of having served in both the private and public sectors for several years. His primary responsibilities lie with his position as an Associate Professor within the Department of Business and Economics at California University of Pennsylvania. He is responsible for instruction on all aspects of business law, as well as for development of new curriculum in the areas of privacy, cybercrime and information law. While not teaching, Mr. Schwerha primarily splits his time between his law firm, Schwerha & Associates (a boutique law firm concentrating in the areas of privacy, information security and electronic discovery law), and Trace Evidence, LLC. (his computer forensics and e-discovery consulting business).

Before coming to academia, Mr. Schwerha served as an assistant district attorney for several years. While there he was significantly involved with computer crime prosecution at both the state and national levels. Nationally, he has educated numerous investigators with regard to legal issues. He has taught for several organizations, including the: National District Attorneys Association, Federal Bureau of Investigation, National White Collar Crime Center, American Bar Association, and Federal Law Enforcement Training Center. At the state level, Mr. Schwerha served an integral role in Pennsylvania’s efforts to combat cybercrime. He was a member of several local groups, including the: Technology Committee for the Pennsylvania District Attorneys Association, Tri-State Chapter of the HTCIA (president – 2003), and Pittsburgh High-Tech Crimes Task Force, among others. Within Pennsylvania, he regularly advised both all levels of law enforcement and civilians with regard to issues surrounding discovery, acquisition and use of digital evidence.

Mr. Schwerha holds a Juris Doctor from the University of Pittsburgh, as well as both a Bachelors and Masters of Science from Carnegie Mellon University. He has published several articles in various publications, including law reviews.
Abstract
On December 1, 2007, the United States Federal Rules of Civil Procedure changed to mandate that electronic discovery be a part of every civil action. Generally, responding parties must produce all relevant data that is both readily accessible and responsive to an appropriate discovery request. Those same civil rules, however, contain no specific provisions on how to deal with data that may reside in the United States, within the possession of the responding party, but subject to privacy protections of foreign nations, such as the European Union Privacy Directive. Further, those rules do not delineate how to deal with an otherwise appropriate discovery request for data that resides in a foreign country which prohibits that data from being transmitted out of the country. The article will examine the above-described clash and suggest appropriate standards that courts may wish to follow.

Choice of Law, Jurisdiction, and recognition and Enforcement of judgements in "click wrap" Transactions in South Africa by Omphemetse Sibanda, University of South Africa.
S Sibanda (Omphemetse) (Doctor of Laws Candidate, University of Northwest, SA; LLM, Georgetown University, USA; LLB, South Africa, BJuris, Vista South Africa) is an Associate Professor at the Department of Criminal and Procedural Law, College of Law, University of South Africa. Research Interests: WTO, anti-dumping and countervailing duties, HIV/AIDS issues, environment and development, white collar crime, corporate law, hospitality industry law.
Abstract
In South Africa, e-commerce is regulated through the Electronic Communications and Transactions Act (ECTA) 25 of 2002. The Act is the first functional equivalent for the country’s traditional paper-based contracts legislation. ECTA seeks to ensure that the South African e-commerce market conforms to international standards, and provides consumers and business with an efficient and effective way of doing business. The issues of jurisdiction and applicable law may present themselves as obstacles in implementing ECTA. These issues are struggle issues internationally in the realm of e-commerce, and courts around the world found themselves experiencing difficulties in dealing with them. ECTA disregard the choice of applicable law by the parties in a rather extreme and radical manner. The choice of law is important element in e-contracting and fits-well into the expanded trade and market access presented by e-commerce. Policy considerations behind restrictions on the choice of applicable law may be understandable. However, such considerations should bear in mind that the parties’ freedom to contract is integral to business transactions. ECTA choice of law restriction has the potential to stagnate the development of cross-border e-commerce in South Africa, and characterisation of South Africa as an unacceptable jurisdiction. ECTA drafter could have taken a middle approach to choice of law based on reasonableness and equity; or on the dictates of public policy instead of the total exclusion of choice of law. This is the approach mixing preferential law and the minimum rights-protection approach. ECTA is silent on both the aspects of using a South African court as a forum for adjudication e-contracts disputes, and the enforcement and recognition of foreign judgments. This has left an uncertainty relating to jurisdictional connecting factors in the context of e-contracts. In particular, the jurisdictional connecting factors pursuant to the Magistrates’ Courts Act of 1944 contain requirements difficult to apply in breach of e-contracts. In respect to the recognition and enforcement of foreign judgments, and awards the current law and practice suffices to be applied as is to e-contracts. The revelation in this study is that ECTA to a certain extend does not leave up to South Africa’s vision of an electronic transaction policy which takes due cognisance of international best practices and conformity with the law and guidelines of comparative national jurisdictions and international bodies. The law need to be properly aligned with international e-commerce trends and developments.

International Private Law Issues regarding Trademark Protection and the Internet within the EU by Zuzana Slováková, Charles University in Prague.
Zuzana Slováková is a senior lecturer in the Department of Commercial Law at the Faculty of Law of Charles University in Prague, the Czech Republic, where she received her first Law degree and the Ph.D. degree. She also participates as an external member in the Commission dealing with administrative appeals against decisions of the Czech Patent and Trademark Office. Her research interest is focused on current problems related to the intellectual property rights.
Abstract
This paper deals with selected issues in international private law concerning trademark right protection and the Internet in the European Union. The establishment of the Internet continues to generate major commercial opportunities in fields including advertising and product offers and services. These lucrative applications of the Internet have been accompanied by a number of intellectual property problems occurring not only in the area of trademark rights protection, but of intellectual property protection more generally. Various disputes have arisen regarding the use of trademarks on the [Internet/World Wide Web] where different entities are the owners of identical or similar trademarks for identical or similar goods or services in different countries. Similarly, disputes have unfolded in cases where one entity’s trademark conflicts with an existing domain name, commercial name, or other [online?] designation.

Technological and Legal Aspects of Communication and Information Security: Case Study Olympic Games by Peter Stavroulakis and Steve Stavroulakis. Technical University of Crete.
Peter Stavroulakis received his BS and Ph.D. degrees from New York University in 1969 and 1973 respectively and his MS degree from California Institute of Technology in 1970. Prof. Stavroulakis is the founder of the Telecommunication Systems Institute of Crete, a research center for the training of Ph.D. students in Telecommunications, associated with and in close collaboration with various research centers and Universities in Europe and U.S.A. He is a member of the Editorial Board of the International Journal of Communications, International Journal of Satellite Systems and Networking, including the China Communications. Further details, click here.
Abstract
In this paper we present the technological and legal aspects of Communications and Information Security as they apply to the design of secure large scale telecommunications systems. The example that is used has been implemented successfully to recent Athens/2004 Olympic Games. The OSI seven layer Model is used to indicate main system vulnerabilities and the way that can be faced layer by layer with reference to security. The relevant legal framework that applies in such cases is also presented. A specific application is proposed in a telemedicine environment and it is shown that it can have similar applications to general Chemical, Biological ,Radiological and Nuclear (CBRN) incidents.

Principal Differences in Financial Reporting Bases in Czech: Comparison of IFRS and Czech Accounting Standards Requirements by Jiri Strouhal, University of Economics in Prague.





Dr Jiri Strouhal is senior lecturer at the Department of Financial Accounting of the University of Economics in Prague and the Department of Trade and Finance of the Czech Agricultural University (Prague). He graduated from the University of Economics in Prague in 2003 (Accounting and Financial Management) and passed his doctoral studies in 2005. In 2004, he received the lecturer's degree of IFRS (project of Phare). From 2006 he became the accounting expert of the Czech Chamber of Accountants. He is also the solver of the grant "Application of IAS 32 and IAS 39 in the practise of entrepreneurs in the Czech Republic". He worked as a financial analyst and a Company Financial Officer at AXA Assistance Czech Republic. He is the author of several monographers in the branch of accounting or corporate finance.
Abstract
Information Technology and globalization have brought new problems to the compilation of financial reports and to the ascertainment of trading income of supranational corporations and groups in accordance with statutory regulations of countries involved. From the year 2005 should public listed companies in the Czech Republic report under IFRS framework, while the non-listed companies still report under Czech accounting principles. This duality may lead to discrepancies with respect to the identification of free cash flow, which is considered the basic information required for the income-based business valuation. The subsequent text therefore deals with the basic difference in the identification and valuation of assets and liabilities in listed companies (which report under IFRS/IAS) and nonlisted companies (which report under Czech regulations).