Cyberlaw Topics: Global Issues
This site contains a listing of global topics and links related to international Cyberlaw, including:
Jurisdiction and Choice of Law
International Intellectual Property Issues
International Business and Finance Issues
International Social Issues
The European Union
Other International Organizations
Issues related to individual regions:
European Union
Discussion on the European Data Retention Directive
The European Union enacted a Directive on Privacy and Electronic Communications in 2002 that is now causing individual countries within the union to develop their own regulation of internet data retention. These regulations are far fetched and require Internet Service Providers (ISP), cyber cafe operators as well as telecommunications firms to retain data on their clients.
Cross-Border Litigation over European Patents
By IPR Helpdesk. "At the moment, there is no international jurisdiction for patent disputes whose competence goes beyond the territory of one state. The fact that no single jurisdiction exists leads to a number of disadvantages, among them the major one of conflicting decisions."
Intellectual Property Rights Helpdesk
The IPR-Helpdesk is a project of the European Commission DG Enterprise. Its purpose is to assist on IPR related issues with a special focus on Community diffusion and protection rules and issues relating to intellectual property in European research and technological projects.
International Cybercrime Treaty Finalized
A committee on crimes for the Council of Europe signed off Friday on the final draft of a broad treaty that aims to help countries fight cybercrime, but which critics say sacrifices privacy protections.
Europa - The European Union Online
Europa is the portal site of the European Union. It provides up-to-date coverage of European Union affairs and essential information on European integration. Users can also consult all legislation currently in force or under discussion, access the websites of each of the EU institutions and find out about the policies administered by the European Union under the powers devolved to it by the Treaties. Of particular interest are the following items:
EU Financial Services Action Plan
A series of policy objectives and specific measures to improve the Single Market for financial services over the next five years have been outlined in an Action Plan adopted by the European Commission on 11 May 1999. The Action Plan suggests indicative priorities and time-scales for legislative and other measures to tackle three strategic objectives, namely ensuring a Single Market for wholesale financial services, open and secure retail markets and state-of-the-art prudential rules and supervision. This website provides status, updates, discussion summaries, and other work-in-progress documents pertaining to EU Financial Services Action Plan.Stability and Growth Pact
The Stability and Growth Pact deals with budgetary policy. Its policies may change from year to year, and it is a section within the EU council's Broad Economic Policy Guidelines (BEPGs). These annual policy guidelines contain orientations for the general conduct of economic policy and make specific recommendations to each Member State and to the Community. Please click here to view the .pdf of the 2002 BEPG
Other Links Relevant to European Union
European Law Journal
European Union law is in a phase oftransformation, affecting national legal systems, various levels of government, organizations, interest groups and men and women in a fundamental way. Substantial changes are bound to follow in teaching, research and practice. The European Law Journal is a forum for the debate on these issues.European Union in the US
While building ever-closer union in Europe, the EU also works closely with the US to strengthen transatlantic cooperation and to assure global peace and prosperity, under a wide-ranging joint action plan. This website--offered by the European Commission's Offices of Press and Public Affairs in Washington, DC, and New York--covers developments in the Transatlantic Action Plan and other aspects of EU-US relations. It is also a link to information about the EU and its fifteen member states
Registration of a domain name can be considered an attempt to fraud. In the case Citigroup vs. Global Project Management (GPM), the UK High court has ruled that citigroup.co.uk is assigned back to its corresponding trade mark even though the domain was never used fraudulently by its previous owner GPM.
http://www.thelawyer.com/cgi-bin/item.cgi?id=117319&d=122&h=24&f=46
UK Parliament challenged the US congress to adopt an “Opt-in” rather than “Opt-Out” approach to unsolicited commercial email. Full details of the Parliamentary inquiry are available at http://www.apig.org.uk.
Spain
Spain is the latest country to update its country code registry policies to allow business and individuals to apply for .ES domain names on the Internet. The move is aimed at protecting IP rights to owners and opening the extension to new users. The following file contains information on deadlines, pricing and registration changes over time. The file is in Spanish as welll as English. http://www.centr.org/docs/2005/11/UpdateonSpanishTLDs.pdf
France
Regulating the Net: Yahoo!
Yahoo! v. French Courts. The US search engine, Yahoo!, is up before a French judge after it allowed Nazi memorabilia to be sold on its website. Simon Jeffery explains the impact the decision could have on the worldwide web.
France Rejects Nazi Web Suit
A French court rejected a suit over a neo-Nazi website on a local Internet service provider on Wednesday, two days after another court ruled that Yahoo! France had to block access to U.S.-based sales of Nazi memorabilia.
Court Shields Yahoo! From French Laws
Yahoo! does not have to comply with a French court decision that requires the company to block Nazi-related material from French consumers, a federal judge ruled on Wednesday.
Germany
"Warner Bros. said on Monday it would soon begin selling movies and television shows in Germany, Austria and Switzerland using a peer-to-peer network, embracing the very technology that has rattled the entertainment industry."http://news.com.com/2100-1026_3-6032848.html.
AustraliaUniversity of New Brunswick - St. John Ward Chipman Library Resources on Legal, Privacy and Security Issues in Electronic Commerce
A collection of resources regarding eCommerce from the Commonwealth of Australia.
Joining the worldwide anti-spam activities, Australian proposed the Spam Bill 2003 with the objective to reduce the amount of unsolicited commercial messages from or to Australia. A copy of the proposal can be found at http://parlinfoweb.aph.gov.au/piweb/repository/legis/bills/linked/18090301.pdf
“Report on a review of the Patenting of Business Systems” is available at the Australia Advisory Council.
Canada Canadian privacy officials is providing useful information to help businesses learn how they can comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). Through the clarifying of on-line merchants’ new responsibilities, the Ministry of Service Nova Scotia expect consumers will increase the confidence to purchase on-line. The full test of the Internet Sales Contract Regulations is available at http://www.gov.ns.ca/just/regulations/regs/cpintrnt.html China India Department of Information Technology http://www.mit.gov.in/
India has established a new regulation for the Internet Domain Name registration. The new rules specifically regulate the .IN ending that is now available to the public. http://www.mit.gov.in/inpolicy.asp
Indonesia South Korea
Jurisdiction and Choice of Law Criminal and Civil Liabilities Arising From Non-U.S. Countries' Laws Controlling the Content of Internet Communications - Hale and Dorr LLP The Internet is Changing the Public International Legal System International Intellectual Property Issues Berne Convention for the Protection of Literary and Artistic Works International Intellectual Property Alliance Internet Domain Name Disputes: Some Questions and Answers Madrid System for the International Registration of Marks Trademarks Convention on the International Sale of Goods (CISG) eBusinessForum.com International Aspects of Electronic Commerce Selected Tax Policy Implication of Global E-Commerce-U.S. Department of Treasury Taxation of eCommerce United States Trade Representative Application of Defamation Laws to the Internet Cybercrime, Cyberterrorism, Cyberwarfare International Censorship Privacy Online: Policy and Practical Guidance Community Research and Development Information Service (CORDIS) ORDIS provides information on all EU-supported R&D activities, including programmes, projects, results, publications and partners. Organization for Economic Cooperation and Development United Nations Home Page Economic and Social Council of the UN International Telecommunications Union International Law and International Court of Justice United Nations Educational Scientific and Cultural Organization (UNESCO) U.S. Department of State World Bank World Trade Organization World Intellectual Property Organization (WIPO)North America
Legal Issues Relating to Internet Web Sites: A Canadian Perspective
Many organizations have set up or are in the process of setting up a presence on the Internet. This paper highlights some of the general legal issues that should be considered by an organization contemplating the development and operation of a Web site.
http://www.privcom.gc.ca/ekit/ekit_e.aspAsia
Chinese Character Domain Titles to Spur Internet Growth (a comment) http://english.people.com.cn/english/200011/13/eng20001113_54997.html
The Indian Communication Convergence Bill of 2001 aims to organize and manage the content of communications including such areas such as Telecommunications, Broadcasting and Multimedia. Laws pertaining the Internet hence fall under the domain of Multimedia and are discussed in here as well. The following are links that discuss and analyze this topic:
Information Technology Act, 2000 http://www.privacyinternational.org/article.shtml?cmd%5B347%5D=x-347-103767
Indian Convergence Law by Pavan Duggal (a comment) http://www.mondaq.com/article.asp?articleid=13430
New Cyberlaw legislation has been in the works for Indonesia since 2000. Even though the current revisions can be delayed in the parliamentary approval process, officials are confident to implement the 1 st comprehensive electronic and cybercrime laws in 2006. http://www.thejakartapost.com/yesterdaydetail.asp?fileid=20051227.J02
Korean Legal Research Resources on the Internet
South Korean government agencies, especially the Ministry of Legislation, the National Assembly, and the Supreme Court have built legal databases that provide free public access to Korean law resources, including current statutes, decrees, administrative regulations, treaties, case decisions, and other legal information.Global
What can, or should, content providers -- or even companies posting their own home pages -- in one country do when faced with content control by other countries? How will United States courts and institutions respond to attempts by other countries to police Internet content "originating" in the United States? What risks will United States citizens run in an internationalized world if they are found to have violated the laws of other countries?
By H. H. Perrit, Chicago-Kent College of Law. An article on the effect of the Internet on the private international legal system and consequently its influence on the public international legal system.
By Cornell University Legal Information Institute. "In 1989 the U.S. joined the Berne Convention for the Protection of Literary and Artistic Works. This is an international treaty to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works."
View country reports from the International Intellectual Property Alliance (IIPA), which is a private sector coalition formed in 1984 to represent the U.S. copyright-based industries in bilateral and multilateral efforts to improve international protection of copyrighted materials. Losses due to piracy of U.S. copyrighted materials around the world are estimated to reach $20-$22 billion annually (not including internet piracy). IIPA and its member associations track copyright legislative and enforcement developments in over 80 countries, working with both U.S. and foreign government and private sector representatives.
By WIPO. Contains frequently asked questions regarding trademarks, domain names, and resolution of disputes.
By WIPO. "This system gives a trademark owner the possibility to have his mark protected in several countries by simply filing one application with a single Office, in one language, with one set of fees in one currency (Swiss francs)."
By WIPO. Information from the World Intellectual Property Organization regarding international trademarks.International Business and Finance Issues
It contains data pertaining to pertaining to International Commercial Law and on the CISG, which is the United Nations Convention on Contracts for the International Sale of Goods, the uniform international sales law of countries that account for two-thirds of all world trade. This site is hosted by the Pace University School of Law.
The global e-business race is on, and nobody wants to be a runner-up. This ebusiness forum is a new decision-support service for senior executives who lead global e-business initiatives for the digital age. Look up country information and selected articles at this site.
By E. A. Caprioli, Advisor to the United Nations. "It is now possible to trade from any part of the world and at any time (24 hours a day 7 days a week). However, the nub of my arguments will focus on methods for establishing international rules to govern the activities of electronic commerce, but I shall only touch on issues of private international law indirectly (conflicts of laws and jurisdictions)."
This paper provides an introduction to certain federal income tax policy and administration issues presented by developments in communications technology and electronic commerce.
By Global Internet Policy Initiative (GIPI). "The question of taxing e-commerce has been addressed in a number of forums. The main issue concerns jurisdiction: which governmental entity shall have the authority to tax a transaction that spans several jurisdictions? This memo explains how the OECD, the EU and the US have tried to achieve the twin goals of a comprehensive e-commerce taxation policy framework: to avoid either double-taxation or non-taxation; and to avoid disparate treatment of off-line versus on-line transactions."
The U.S. Trade Representative is America's chief trade negotiator and the principal trade policy advisor to the President. In this role, the USTR and the Agency's staff are responsible for developing and implementing trade policies which promote world growth, and create new opportunities for American businesses, workers, and agricultural producers.International Social Issues
By Global Internet Policy Initiative (GIPI). "This paper concludes that allegedly libelous statements made online are usually evaluated by the same standards as statements made offline, with some nations adopting by legislation special rules defining the liability of various online service providers."
By CSIS Task Force on Information Warfare & Security. "In today's electronic environment, many haters can become a Saddam Hussein and take on the world's most technologically vulnerable nation. America's most wanted transnational terrorist Osama bin Laden uses laptops with satellite uplinks and heavily encrypted messages to liaise across national borders with his global underground network. There is no shortage of terrorist recipes on the Internet, step-by-step cookbooks for hackers and crackers (criminal hackers) and cyberterrorists."
By Electronic Privacy Information Center (EPIC). Contains information about current internet censorship efforts at the Federal, State, and International levels.
By OECD. "This newly released report includes policy and practical guidance for implementing privacy protection online. It is addressed to OECD member countries, business and other organisations, individual users and consumers."Other International Organizations
The OECD groups 30 member countries sharing a commitment to democratic government and the market economy. With active relationships with some 70 other countries, NGOs and civil society, it has a global reach. Best known for its publications and its statistics, its work covers economic and social issues from macroeconomics, to trade, education, development and science and innovation.
The purposes of the United Nations, as set forth in the Charter, are to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms; and to be a centre for harmonizing the actions of nations in attaining these ends.
ECOSOC is responsible for promoting higher standards of living, full employment, and economic and social progress; identifying solutions to international economic, social and health problems; facilitating international cultural and educational cooperation; and encouraging universal respect for human rights and fundamental freedoms.
The ITU, headquartered in Geneva, Switzerland is an international organization within the United Nations System where governments and the private sector coordinate global telecom networks and services.
The International Court of Justice is the principal judicial organ of the UN. The Court has a dual role: to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
The main objective of UNESCO is to contribute to peace and security in the world by promoting collaboration among nations through education, science, culture and communication in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations.
As the lead U.S. foreign affairs agency, the U.S. Department of State helps to shape a freer, more secure, and more prosperous world through formulating, representing, and implementing the U.S. President's foreign policy. In addition, the U.S. Department of State provides resources for Americans to start businesses abroad.
The World Bank Group is one of the world's largest sources of development assistance. In fiscal year 2002, the institution provided more than US$19.5 billion in loans to its client countries. It works in more than 100 developing economies with the primary focus of helping the poorest people and the poorest countries.
The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.
The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized agencies of the United Nations system of organizations. It administers 23 international treaties dealing with different aspects of intellectual property protection. The Organization counts 179 nations as member states.
