Dr Clare Chambers (LLB Glamorgan University; PhD in Financial Exclusion and Banking Regulation, Bournemouth University; FPC , Chartered Institute of Insurers; PgCert in Academic Practice, Bournemouth University; PgCert in Research Supervision, Bournemouth University) is a Senior Lecturer in Law at Bristol Law School, University of West of England. Clare has worked in the City of London with Grant Thornton and subsequently Morgan Stanley. Her interests are banking law, financial education, financial exclusion, alternative financial delivery mechanisms, mobile finance.

Abstract

Our future is unwritten, this cannot be doubted. However, could it be that our banking history could hold the answers that could save us from the economic crisis that is ravaging our nation and societies future? The new Banking Act 2009 as well as many academics and politicians are calling for a return to a simplistic banking system. But more than that, our banking history tells us of the historic financial crises and the respective regulatory changes. Surely lessons can be learnt from the retrospective regulation to ensure that future crises’ can be minimised. The question here is whether the Banking Act 2009 will achieve this, or whether the Act was a knee jerk reaction to the economic crisis. The paper will briefly explore the current economic crisis to set the scene for a discussion of the Banking Act 2009. Finally the paper will explore the possible consequences of the Act.

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Warren Chik (LL.M. International Business Law, University College London (Merit); LL.M. International & Comparative Law, Tulane University (Distinction); LL.B., National University of Singapore (Second Upper Honours ) is an Assistant Professor at the Singapore Management University. He is a member of the Law Reform Committee of the Singapore Academy of Law, and the Executive Director of the International Law Society of Singapore. Warrek was the Deputy Public Prosecutor, Attorney-General’s Chambers, from 1996 to 1998 and the State Counsel (International Affairs), Attorney-General’s Chambers from 1998 to 2003 . He is a recipient of various awards and scholarships such as the following: International Law Commission Scholarship, International Law Commission, United Nations, Genève, Switzerland, 1999; British FCO (Chevening) Scholarship, Foreign & Commonwealth Office, United Kingdom, 2003; Certificate of Distinction in International Commercial Arbitration, World Arbitration and Mediation Report, Juris Publishing, Inc. & Tulane Law School, 2000 ; CALI Excellence for the Future Award in International Commercial Arbitration, National CALI Institute & Tulane Law School, 2000; and the CALI Excellence for the Future Award in Transnational Commercial Litigation, National CALI Institute & Tulane Law School, 2000

Abstract

The shift in socio-economic transactions from realspace to cyberspace through electronic communications and digital formats has led to a disjuncture between many areas of the law and the transactions and a lacuna in the law. The speed at which information technology develops require a faster, more reactive and automatic response from the law that is not currently met by the law-making framework. This paper will explain how the development of special rules to enable Internet custom to form legal norms can fulfill this objective.

In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and law-making mechanisms. In Part 2, I will examine the history of custom as law-maker in the global and national contexts. In Part 3, I will determine the customary rules to law-making that are applicable to electronic transactions by borrowing from, but modifying, customary international law. In Part 4, some existing practices that amount to established norms on the Internet will be identified, specifically relating to the Internet Infrastructure and e-contracting.

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Evelyne Beatrix Cleff joined the Department of Business Law of the Aarhus School of Business (ASB), Aarhus University, Denmark in November 2005. After the bachelor study at the Ruhr-University-Bochum (Germany) in Economic Science she attended the Master Program in EU Business and Law at the ASB. Evelyne has been doing her PhD studies at the ASB from August 2006 until July 2009 with the working title “Privacy Concerns Pertaining to Mobile Advertising - Proposals for Adequate Consent and Disclosure Mechanisms.” During her PhD studies Evelyne has been a Visiting Scholar at the University of Stockholm (Sweden) and at the College of Business, Oregon State University (USA). She is scheduled to defend her PhD in the end of November 2009. In August 2009 she will start as a post.doc in European Company Law and work on the “European Model Company Law Act” project.

Abstract

This article aims to contribute to the ongoing discourse about the issue of privacy in the mobile advertising domain. The article discusses the fundamental principles and information practices used in digital environments for protecting individuals’ private data. Major challenges are identified that should be addressed, so that fair information principles can be applied in the context of m-advertising. It also points out the limitations of these principles. Furthermore, the article discusses a range of models that is available for regulating the collection, use and disclosure of personal data, such as legislation, self-regulation and technical approaches. It is intended to promote an effective approach to improve consumer privacy in the mobile advertising domain.

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Marcelo Corrales, LL.M is a Lawyer admitted to the Paraguayan Bar
Association in 2004. In 2007 he got a Master degree in Law and
Information Technology and in 2009 a Master degree in European
Intellectual Property Law from Stockholm University. Since October 2007
he is a research associate at IRI. His research interest revolves on
intellectual property rights and privacy issues in the realm of
information law.

Eva Egermann, LL.M. studied law in Hannover where she graduated in June
2007 with honours. She took part in the LL.M. programme in IT-Law at the
University of Hannover and spent the second semester at the University
of Leuven (EULISP). Since July 2007, she works as a research associate
at the IRI with a main focus on intellectual property rights and future
internet in a European context. Her PhD will is concerned with internet
regulation in Germany.

Prof. Dr. Nikolaus Forgó studied law, philosophy and linguistics in
Vienna and Paris. In 1997 he got his Dr.iur. (Dissertation in legal
theory). Between the years 1990-2000 he worked as an Assistant Professor
at the University of Vienna (Austria). Since 2000 he is a full Professor
for Legal Informatics and IT-Law at the University of Hanover, since
2007 co-head of the Institute for Legal Informatics. Publications,
teaching and consulting experience in all fields of IT-law, legal
informatics, civil law, legal history and legal theory on national and
international level.

Dr. Tina Krügel, LL.M. has studied law in Hanover and completed her
legal clerkship in Hanover/Johannesburg (SA). In 2002 she attended the
LL.M.-Programme EULISP in Hanover/Oslo. In 2005 she got her Dr. iur.
(ecommerce law). Since 2004 she is an attorney at law and works for the
IRI as a research associate with the main focus on data protection law,
e-commerce law and intellectual property law.

Abstract

This article contains an analysis of the relevant intellectual property rights concerning e-Health projects using Grid computing infrastructure within a clinical trials environment. There are two important issues at stake: which (intellectual) property rights arise during the course of such a project and which patient rights have to be regarded? This article aims to answer these questions. The answers shall contribute to the current discussion in this field. The case of study is the project ACGT (Advancing Clinico Genomic Trials on Cancer, www.eu-acgt.org), an European Integrated Project funded by the European Union.

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Fanny is a researcher in ICT Law at the Interdisciplinary Center for Law and ICT (ICRI) from the K.U.Leuven. Her research interests focus on privacy and surveillance. She is currently working on the EU projects SCOVIS (www.scovis.eu) that focuses on video surveillance monitoring systems for security purposes and workflow control in critical infrastructures and  TURBINE ( www.turbine-project.eu) which aims at developing a fingerprints-based biometric identity management system respectful of privacy. She is moreover taking part in the COST Action Living in a Surveillance Society. She has previously conducted research on privacy and video surveillance in the EU project DYVINE ( www.dyvine.org) and in Belgian projects. She has furthermore been involved in the Network of Excellence FIDIS (Future of Identity in the Information Society, www.fidis.net) where she has worked on the legal issues arising from the processing of location data, ID Theft, risk profiling and forensic uses of images.

Fanny holds a degree in French law from the Université Panthéon–Sorbonne (Paris) and in Spanish law from the University Complutense of Madrid. She moreover obtained a LLM degree in ICT Law at the latter University. She is a full member of the Madrid Bar Association.

Abstract

Computer vision technologies based on pattern recognition software will soon allow identifying human behaviour that deviates from a pre-defined normality. Such applications are foreseen, amongst others, to be used in public places with purposes of crime prevention, especially in the context of the fight against terrorism. This technology increases the level of automation of video surveillance, changing the main nature of surveillance. The balance of power between the citizen and the State is altered, calling for a new balancing of interests. The automation of risk detection moreover raises the issue of the protection against partially automated decision-making. This paper will deal with the challenges raised by proactive video surveillance technologies to the way how privacy and Security has been balanced so far. Attention will moreover be brought to the new safeguards that should be devised to protect the citizens from increased scrutiny and growing automation of the decision-making process.

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Mr. Dasgupta is a doctoral student in Land Economy and Law at the University of Cambridge. His research interests pertain to international investment law and expropriations under the NAFTA, the European Court of Human Rights, and the Iran-United States Claims Tribunal. Mr. He is interested in law and economics, constitutionalism, and international law. Mr. Dasgupta is a former research assistant to Neal Katyal, advocate for the Guantánamo Bay detainees in Hamdan v. Rumsfeld (2006) (holding unlawful on statutory grounds (10 U.S.C. §§ 836 and 821 and the Uniform Code of Military Justice (UCMJ)) the military commissions created to try alleged enemy combatants) and counsel to the petitioner-employee in Engquist v. Oregon Dept. of Agriculture (2008) (contending that the “class of one” theory in rational-basis determinations of equal protection requires a non-arbitrary reason for government actions, with serious economic and constitutional ramifications).

Abstract

Neo-liberal “world constitutionalism” privileges the right to property for domestic owners and foreign investors against government expropriation. The North American Free Trade Agreement (NAFTA), a 1994 treaty among the United States, Canada, and Mexico, is a quintessential example of such constitutionalism for direct and regulatory expropriations. But NAFTA’s constitutionality, with regard to protecting the sovereignty of American States against encroachments from the federal government, is uncertain. The federal commerce and enforcement powers, under the Commerce Clause and the Enforcement Clause of the Fourteenth Amendment respectively, that Congress retains are not broad enough to supersede all State supervisory authority over public health, environmental, sociopolitical and land-use issues. These police powers reserved by the States are affected and undermined when state conduct is used by foreign investors, but cannot by domestic investors, to gain relief in NAFTA panel judgments through procedural and substantive norms that are significantly plaintiff-friendly than are United States takings doctrines in constitutional law.

Federal statutes are superior to treaties and the Constitution is superior to all other legal instruments, thus NAFTA cannot override the federalism provisions of the Constitution without doing serious damage to the existing principles of constitutional interpretation. The Constitution confers the treaty power upon the President and a supermajority of the Senate, but does not allow treaties to supersede in primacy the statutory or constitutional text. Federalism, once so exalted as a currency for constitutional revolution, has been compromised due to NAFTA’s surging influence in making good on foreign, and not necessarily domestic, investors’ expropriation arguments. This paper argues that the ordinary federalism test should be used to decide if a given exercise of NAFTA Chapter Eleven violates the constitutional sovereignty of States within the Union.

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Johanna Dennis (B.A., 2002, Rutgers, the State University of New Jersey; J.D., 2005, Temple University, James E. Beasley School of Law; M.S., 2007, Johns Hopkins University), an Associate Professor of Law at Vermont Law School. She is a member of the Pennsylvania bar and a Registered Patent Attorney with the U.S. Patent and Trademark Office. She has clerked in the Superior Court of New Jersey, Appellate Division. She has taught in the first-year writing program at Touro and FAMU-Law, and has also taught Law and Medicine. Her research interests include Biotechnology and Patent Law, Teaching Methodologies and Pedagogy, Immigration and Nationality Law, and Food and Drug Law.

Abstract

At present, patents are one of the most sought after ways of protecting inventions and obtaining and securing investments in research. As globalization increases and the national lines between inventors and investors are broken, patentees seek to obtain patents in as many countries as possible, and a patentee would be remiss in not filing for a U.S. patent. Yet although patents are hot commodities, it has been over twenty years since the U.S. Supreme Court addressed the scope of patentable subject matter – that is, what is truly patentable and what is not. In the October 2009 term, the Court will hear an appeal regarding the scope of patent protection, stemming from a lower court decision holding that the applicants’ claims were not patentable subject matter (not a “process” under 35 U.S.C. § 101) and affirming the Board’s rejection of all eleven claims in the patent application. The applicants have asked the U.S. Supreme Court to determine two issues regarding the meaning of “process” in 35 U.S.C. § 101 and the ‘machine-or-transformation’ test’s potential conflict with 35 U.S.C. § 273. The Court’s decision could change the way that research and business are done, and patent protection for such investments. The article and presentation will discuss the basic origins of patent law, the background, procedural history and prior decisions in Bilski v. Doll, and the impact of the potential Supreme Court ruling on patentees, industry, and the patent system.

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Ramakanth Dorai is currently doing undergraduate third year (computer science engineering) in SNS College of Technology, Coimbatore. He won the best paper aeard in the national level technical symposium held at the  AISSMS college of enginnering, Pune. 

Vinod Kannan is currently doing undergraduate third year(computer science engineering) in  SNS College of Technology, Coimbatore.He won the best paper aeard in the national level technical symposium held at the  AISSMS college of enginnering, Pune.

Abstract

SQL injection came with a bang and caused revolution in database attacking.In recent years, with the explosion in web-based commerce and information systems,databases have been drawing ever closer to the network and it is critical part of network security.This paper is incorporated with our research and firsthand experience in hacking the database by SQL injection. Database is the Storage Brain of a website.An hacked database is the resource for Passwords,juicy informations like credit card number,bank account number and every important thing that are forbidden.So importance should be given for preventing database exploitation by SQL injection.The aim of this paper is to create awareness among web developers or database administrators about the crying need for database security.The aim is also to totally eradicate the whole concept of SQL injection from hackers dictionary and thus avoiding this technique becoming a play thing in hands of exploiters.

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