Showing papers in "Computer Law & Security Review in 2000"

TL;DR: The author concludes with some reflections on the contractual process on the Government’s handling of IT projects following a catalogue of disasters and poor results.

TL;DR: Rule 4 of the 1995 EC Directive on data protection constitutes the first and only set of rules in an international data protection instrument to deal specifically with the determination of applicable law and could have a significant impact on the activities of E-commerce operators, including those operators established outside the EU/EEA.

TL;DR: In this article, the authors explore the anticipated liability standard and conclude that the right to freedom of speech and fair competition on the Internet has been ignored, and that the expected liability standard for online intermediaries has not been considered.

TL;DR: In this article, the authors look at the effect of open source licences on commercial software development and present a survey of the literature on open source software licensing and its effect on software development.

TL;DR: A point-by-point critique of two prominent prior published critiques of a still earlier proposal along the lines championed here, by the former Director of the U.S. National Institutes of Health, Harold Varmus, to establish a free archive for the biomedical literature called "E-Biomed".

TL;DR: Changes made to the Singapore Copyright Act 1987 by the amendments of 1999 designed to protect copyright in works disseminated on the Internet are explored and comparisons with US law are drawn.

TL;DR: The dilemma facing governments which, on the one hand, want to protect their own communications, whilst simultaneously seeking access to the communications of others is discussed.

TL;DR: This paper focuses on dynamic internet-based start-ups and how established companies are trying to clone these new models to their competitive advantage, but in the rush to do so, many organizations are making quite fundamental strategic mistakes.

TL;DR: Christopher Millard discusses what he sees to be the main challenges facing Internet and E-commerce lawyers.

TL;DR: In this paper, the authors consider the legal dispute of Internet-related facts and circumstances and give rise to a number of interesting themes in the context of electronic trade, for instance by applying traditional principles of contract law.

TL;DR: Peter Csonka reviews the proposed Council of Europe Draft Convention on Cyber-crime which is currently going through its stages towards implementation.

TL;DR: The European Commission has recently promulgated two documents intended to become EC legislation that will impact upon transnational E-commerce: the Proposed EC Regulation on jurisdiction and the recognition and enforcement of judgements (COM (1999) 348 final) (the Regulation), and the Amended Proposal EC Directive on electronic commerce (COM(1999) 427 final)(the Directive).

TL;DR: In this paper, the authors examined the provisions of the new UK Electronic Communications Act 2000 and concluded that there has been a missed opportunity to support the reality of E-business development in the UK.

TL;DR: In this article, the authors consider three such attempts (the UK, Malaysia and Singapore) and compare the laws, the powers of investigation and the penalty levels, as well as the amount of use to which these laws are put once enacted and suggest that these criminal laws have more to do with political and economic competition than with any genuine attempt to curtail intrusive and destructive activities directed at computers.

TL;DR: Whether the trend toward more rigorous identification and authentication has a justifiable legal basis, and if so whether enforcement of such procedures ought to take precedence over concerns for personal privacy, is considered.

TL;DR: In previous articles as mentioned in this paper, we have commented on the new United Kingdom Data Protection Act 1998, on the protection and confidentiality of data on the Internet, particularly in relation to data flows to the United States and on the possible control/censorship of online material.

TL;DR: The issues involved in patentability extended to computer programs as such are explored and there would be benefit in a system which rewards equal merit equally rather than offering a monopoly to the first past the post.

TL;DR: The Pre-Action Protocol (PAP) as mentioned in this paper is an initiative of the Y2K Lawyers' Association that is destined to provide valuable additional options to those involved in Y2k disputes and ought to facilitate the resolution of disputes outside of litigation.

TL;DR: In this paper, the main legal issues involved in the formulation of E-commerce related contracts under English law are considered, together with the practical issue of jurisdiction and the potential governing law.

TL;DR: In this paper, the implications of the recent passage of the RIP Bill in the UK and consider where things go from here, where things are likely to get worse and where things may get worse.

TL;DR: This column is updated for each edition of this journal to reflect those developments on a European level which are considered important for practioners, students and academics in a wide range of information technology, E-commerce, telecommunications and intellectual property areas.

TL;DR: The potential difficulties arising when contracting for the supply of telecommunications services are examined and guidance as to how to tackle such problems when they arise is provided.

TL;DR: It is concluded that the emerging administrative regime falls short of what is needed to place domain names on a par with trademarks and that nothing short of a comprehensive international treaty is required if future problems are to be overcome.

TL;DR: The outcome suggests that, if ICT law wants to grow up, governments should structurally incorporate the perspective of internationalization and jurisdiction in all policy-making in the area of ICTlaw.

TL;DR: Clive Seddon looks at IT projects with some personal reflections on advising in such matters as well as looking at IT law and policy issues in general.

TL;DR: In this article, the authors examined recent proposals by the European Commission to extend the consumer protection provisions set forth in the Brussels Convention to all business-consumer electronic transactions concluded over the Internet.

TL;DR: This article in two parts looks in detail at the new dispute resolution arrangements governing domain names as introduced by the Internet Corporation for Assigned Names and Numbers (ICANN).

TL;DR: In this paper, Clifford May looks at the special problems involved in the identification and recovery of computer-based evidence in a form that can be successfully presented to court, and discusses the challenges involved in finding and presenting such evidence to the court.

TL;DR: These guidelines set forth recommendations on how to introduce the paper-less office in public administration and private businesses, for example by scanning and shredding paper documents.

TL;DR: In this paper, the authors explore proposals for a new regulatory framework in telecoms that arise from the 1999 Communications Review by the European Commission, and propose a new taxonomy for telecoms.