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Showing papers in "International Review of Law, Computers & Technology in 2007"


Journal ArticleDOI
TL;DR: This article focuses on the evaluation of legal problems raised by this novel form of advertising and it is assumed that a technological design will ensure that the benefits of mobile advertising and the consumer willingness to accept mobile advertising will increase.
Abstract: The emergence of the wired Internet and mobile telecommunication networks is creating new opportunities for advertisers to generate new revenue streams through mobile users. As consumer adoption of mobile technology continues to increase, it is only a question of time when mobile advertising becomes an important part of marketing strategies. The development of mobile advertising, however, will be dependent on acceptance and usability issues in order to ensure permission-based advertising. Growing concerns about the protection of the users' privacy have been raised since mobile advertising may become extremely intrusive practices in an intimate personal space. This article focuses on the evaluation of legal problems raised by this novel form of advertising. It is assumed that a technological design, which is in line with the legal framework, will ensure that the benefits of mobile advertising and the consumer willingness to accept mobile advertising will increase.

65 citations


Journal ArticleDOI
TL;DR: In this paper, the authors discuss the impact of online dispute resolution on how law will evolve in cyberspace and in how ODR technology can be employed in offline disputes, and discuss the potential of ODR to be used in online mediation and arbitration.
Abstract: While courts and legislatures have been struggling to design legal rules that have authority in cyberspace, there have been a range of successful efforts in Online Dispute Resolution (ODR). Online dispute resolution uses the communication of information and the processing of information to negotiate, mediate and arbitrate online. These systems are important not only for resolving conflicts but for fostering environments in which agreed upon rules and standards can emerge. The article discusses the impact of ODR on how law will evolve in cyberspace and in how ODR technology can be employed in offline disputes.

25 citations


Journal ArticleDOI
TL;DR: A review of recent literature on emotions and ODR to discuss controversial issues such as the capacity of ODR techniques to deal with emotions and the advantages and disadvantages of computer-mediated communication versus face-to-face communication in terms of expressions of emotions is presented in this article.
Abstract: For years, the emotions of individuals involved in the areas of negotiation and conflict resolution have been widely researched. Standard methods of negotiation have dealt with the individuals' arousal and expression of a vast array of emotional states. If we consider ODR as a communicative process involving a group of individuals engaged in an interactive decision-making task, we will need to admit that emotions are an essential component in any online disputing process. This paper proposes a review of recent literature on emotions and ODR to discuss controversial issues such as the capacity of ODR techniques to deal with emotions and the advantages and disadvantages of computer-mediated communication versus face-to-face communication in terms of expressions of emotions.

23 citations


Journal ArticleDOI
TL;DR: In this paper, the authors explored why so few people resort to online dispute resolution and what are the implications of low uptake for consumer confidence in cross-border e-commerce, and concluded with considering the implications for EU ODR policy in the short, medium and long term.
Abstract: Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet, studies of online dispute resolution (ODR) show, on the whole, poor uptake of ODR by the public. This paper is based on a research project carried out by the authors (funded by the European Parliament) which explored why so few people resort to ODR and what are the implications of low uptake for consumer confidence in cross-border e-commerce. The authors expand the traditional definition of ODR and introduce a distinction between what they term 'hard' or traditional ODR processes and the more novel 'soft' ODR processes. The low uptake of 'hard' ODR is critically considered, as are the theoretical advantages and disadvantages of 'hard' and 'soft' ODR. Successful examples of one 'hard' and one 'soft' ODR mechanism are reviewed. The authors conclude with considering the implications for EU ODR policy in the short, medium and long term.

22 citations


Journal ArticleDOI
TL;DR: The compatibility of whistleblowing requirements contained in the US Sarbanes-Oxley Act with German data protection, employment and constitutional law is examined, and the roots of the historical unease with and the stigma attached to whistleblowing schemes in Germany are analyzed.
Abstract: The Sarbanes-Oxley Act requires listed US companies as well as non-US companies listed on a US stock exchange to establish procedures for dealing with confidential, anonymous employee submissions regarding questionable accounting or auditing matters. Companies failing to comply with these 'whistleblowing' requirements are subject to heavy sanctions. This paper examines the compatibility of whistleblowing requirements contained in the US Sarbanes-Oxley Act with German data protection, employment and constitutional law, and analyses the roots of the historical unease with and the stigma attached to whistleblowing schemes in Germany which result from its experiences with denunciation during the Third Reich and in the former GDR.

10 citations


Journal ArticleDOI
TL;DR: The Fraud Act 2006 came into force on 15th January 2007 as mentioned in this paper, which is intended to provide scope to ensure that technologically focused crime can be targeted, however, it is argued that there are a number of deficiencies in the new Act, which could lead to considerable problems.
Abstract: After a considerable gestation period, the Fraud Act 2006 came into force on 15th January 2007. The introduction of general offences is intended to provide scope to ensure that technologically focused crime can be targeted. However, whilst the sentiments behind the new Act are to be welcomed, it is argued that there are a number of deficiencies in the new Act, which could lead to considerable problems. First, although the Act shifts focus away from deception problems (notably that deception of a machine or computer is not legally possible) it moves towards the concept of dishonesty, which is problematic in itself as there already exists a number of criticisms relating to this concept. Second, there are problems with a failure of the Act to provide for specific definitions of key concepts, such as 'fraud', 'false' or 'abuse'. Third, and arguably most importantly, under the new Act the liability-threshold for fraud shifts; fraud is no longer a result crime, but a conduct crime. This has the advantage of the law stepping in at an early stage to prevent further criminality; although at the same time potentially provides a completely new concept of the criminal act of fraud.

8 citations


Journal ArticleDOI
TL;DR: This paper will categorise cyberspace as a microcosm of Darwinistic evolution, tracing the organic growth that has resulted in the increasingly tangled web of rules that today stretches throughout the on-line world.
Abstract: This paper will categorise cyberspace as a microcosm of Darwinistic evolution, tracing the organic growth that has resulted in the increasingly tangled web of rules that today stretches throughout the on-line world. This evolution has produced a complementarity and interdependence between private and state regulation in a manner that will probably long affect current and future trends in the governance of cyberspace. The paper concludes that, while rule systems will continue to converge, the driving force will remain the perennial search to provide remedies to the needs of clients. The latter drive for real-time remedies for real problems will probably produce workable rule-systems faster because they are pushed by the needs of millions of customers operating within the context of on-line market economics. This is in direct contrast to the development of formal rules for Internet governance by states. Lawyers need practical solutions for their clients and this paper identifies a number of private international law problems that will increasingly dominate public law issues in cyberlaw.

8 citations


Journal ArticleDOI
TL;DR: In this paper, the authors examine the strength of different arguments in favour of establishing a global community standard for the Internet, and in particular analyse this in the context of sovereignty of states, free expression rights, and the rights children already enjoy in the offline world but unfortunately not so much in the online world.
Abstract: One of the major factors that render it difficult to regulate content on the Internet is its borderless nature. The concept of 'contemporary community standards' was initially seen as unworkable in the Internet context. While the line of argument that if a publisher chooses to send its material into a particular community, it is the publisher's responsibility to abide by that community's standards was the accepted norm in the traditional forms of media, this was considered too harsh an approach to be applied for the Internet. There has been a shift in this rigid position over the years, which was reflected in the US Supreme Court decision in Ashcroft v. ACLU when the court held that reliance on community standards to identify material that is harmful to minors does not by itself render the statute substantially overbroad for purposes of the First Amendment. Protection of children is at the core of all arguments for regulating content, so there has been no dearth for analogies drawn to the considerable uniform standard already achieved in other areas such as child pornography. The article will examine the strength of different arguments in favour of establishing a global community standard for the Internet, and in particular will analyse this in the context of sovereignty of states, free expression rights, and the rights children already enjoy in the offline world but unfortunately not so much in the online world. It is argued that while a global standard is difficult to achieve, it is not impossible and there are factors that are worthy of consideration that should prompt us to look towards this direction.

8 citations


Journal ArticleDOI
TL;DR: This paper reports on a project of which the ultimate goal is to create a generic Computer Assisted Dispute Resolution (CADR) system by analysing the structure of conflict and the role of information exchange in it.
Abstract: Online dispute resolution (ODR) may be described as an attempt to use the internet to mainstream alternative dispute resolution (ADR). The question how conflict resolution and information technology interact at a fundamental level has received little attention. Improving information exchange about the substantive issues in a conflict prevents escalation of conflict and assists in resolution. Dispute resolution always involves separation of substantive and emotional issues. This is achieved by means of the process and/or by the involvement of the neutral. Creating ODR systems thus involves the question how this 'separation' may be automated. This paper reports on a project of which the ultimate goal is to create a generic Computer Assisted Dispute Resolution (CADR) system by analysing the structure of conflict and the role of information exchange in it.

8 citations


Journal ArticleDOI
TL;DR: An experiment in peer review with a legal education journal The Law Teacher is described, and ways in which the process can be improved for the future are described.
Abstract: We all accept that peer review is an essential part of journal publication in all disciplines, but almost everyone is agreed that it could be improved. This article describes an experiment in peer review with a legal education journal The Law Teacher. It reports on the process, and describes ways in which the process can be improved for the future.

8 citations


Journal ArticleDOI
TL;DR: This paper will present the current developments at European level for the regulation of the issue of data protection in the third pillar and the main principles that should be applied in order to ensure a coherent data protection framework will pay due respect to the fundamental rights of citizens.
Abstract: The data protection directive regulated the issue of processing of personal data, excluding from its field of application activities that relate to police and judicial cooperation in criminal matters. The terrorist attacks of 2001 and the bombings in Madrid and London have given a new impulse to political interest in police cooperation throughout the European Union and its regulation in order to ensure greater efficiency. As a response, the European Commission presented in October 2005 a Draft Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. Numerous drafts have been prepared thereafter, but no consensus has been yet reached (August 2007). In our paper we will present the current developments at European level for the regulation of the issue of data protection in the third pillar and we will analyse the main principles that should be applied in order to ensure a coherent data protection framework, which will pay due respect to the fundamental rights of the citizens, and especially the right to privacy and data protection on one hand, and the safeguards for an effective law enforcement system on the other.

Journal ArticleDOI
TL;DR: In this paper, the authors identify the habitual application of a state frame of reference, by which scholars and politicians address accountability issues regarding the domain name system, as the source of this debate and show that a market model is more appropriate to assess ICANN's accountability mechanisms and its role among other domain name services providers.
Abstract: One of the most persistent debates regarding Internet governance concerns ICANN's accountability deficit. This paper identifies the habitual application of a state frame of reference, by which scholars and politicians address accountability issues regarding the domain name system, as the source of this debate. Re-examination of the assumptions underlying two exemplary solutions for the deficit, direct elections and intergovernmental supervision, shows that the state frame of reference informing this debate ultimately breaks down. The availability of alternative services renders the call for a state-based model by which to judge and design ICANN's accountability provisions superfluous. The latter part of the paper shows that a market model is more appropriate to assess ICANN's accountability mechanisms and its role among other domain name services providers. In addition, a market frame of reference enables us to understand ICANN's hybrid organisational structure better.

Journal ArticleDOI
TL;DR: The game "Paper Scissors Stone" was chosen as the guiding title of this year's BILETA conference as mentioned in this paper, which is a game where an arbitrary set of rules has predetermined either a draw or more often a victory between unrelated items.
Abstract: The choice of the game 'Paper Scissors Stone' as the guiding title of this year's BILETA conference was an interesting one. Particularly, when connected to the consideration of politics, business law and changing modes of commerce. The game is one where an arbitrary set of rules has predetermined either a draw or more often a victory between otherwise unrelated items. Why should 'paper covers stone' result in the triumph of paper? Similarly if we follow this line of thought into the arena of virtual communities why should the increasingly commercial atmosphere of the Internet alter the formation and maintenance of online communities? Thus, we must be wary of assumptions imbedded in the language we use to describe and discuss phenomena, after all Chomsky has taught us that our thought processes are constrained by our language; that our conceptualisations are limited to those that we have the language to express.1

Journal ArticleDOI
TL;DR: The extent to which the Internet can act as a medium for non-governmental organisations and pressure groups to bring about changes in corporate behaviour where the law or law enforcement has proved to be ineffective in curbing corporate abuses is examined.
Abstract: Companies are taking advantage of the opportunities offered by globalisation to reach new markets and to lower their costs. It is common for large companies to establish overseas subsidiaries. The different legal regimes and law enforcement policies that exist in many developing economies and the current weaknesses of international regulation means that it can be difficult to hold international companies to account when they transgress. However, this may be changing to some extent as a result of the Internet. This paper proposes to examine the extent to which the Internet can act as a medium for non-governmental organisations and pressure groups to bring about changes in corporate behaviour where the law or law enforcement has proved to be ineffective in curbing corporate abuses. New developments on the web (and particularly the rise of the 'blog') have been strengthening the persuasive power of pressure groups and the NGOs with regards to companies. However, this state of affairs may not last as companies seek new ways to limit the impact of these groups on their corporate strategies. This paper shall examine how companies are currently dealing with the threat to their corporate reputations from the Internet and shall consider whether companies can succeed in keeping effective regulation of their international commercial activities in the global market place at bay.

Journal ArticleDOI
TL;DR: In this paper, the authors examined the current UK policy approach to regulating the illegal flow of personal information, and the lead taken by the UK Information Commissioner, arguing that a greater emphasis needs to be placed on the assessment of privacy risks posed, in particular, by the expansion and proposed merger of government databases.
Abstract: In May 2006, the UK Information Commissioner's Office (ICO) presented a report to Parliament entitled What Price Privacy? The report highlighted the extent of the illegal trade in personal data. Arguing that the risk of security breaches had increased largely as a result of the rise of the 'data-based society', the ICO called for a change in the legislation to permit jail sentences of up to 2 years. In February 2007, the UK government stated its intention to adopt that recommendation. This paper examines the current UK policy approach to regulating the illegal flow of personal information, and the lead taken by the UK Information Commissioner. Reference is made to the 'privacy toolbox', where data protection legislation is combined with measures such as codes of practice and privacy impact assessments (PIAs). Comparisons are made with the work of overseas regulators. In addition, the current regulatory framework regarding section 55 offences is examined, with the author attending an ICO prosecution hearing in December 2006. The paper concludes by arguing that a greater emphasis needs to be placed on the assessment of privacy risks posed, in particular, by the expansion and proposed merger of government databases. Adoption of PIAs could help achieve this.

Journal ArticleDOI
TL;DR: This article concludes that at present, enforceability of outcome is the weakest point of OADR procedures and it is important to recognise that in the modernisation of the ADR procedures in the form of OADS, one must take care not to diminish its legality.
Abstract: Electronic commerce is important, and perhaps, inevitable Thus to consider the legal implications of enforcement, recognition and compliance with online alternative dispute resolution (OADR) is essential However, in analysing enforcement, recognition and compliance with OADR, one must contemplate primarily the value of fair process which OADR solutions are subject to, and the value of efficiency which OADR solutions are seen to achieve without which the OADR outcome(s) will be cast in doubt Clearly, there is no point in discussing applicable remedies to internet disputes without promoting at the same time appropriate enforcement mechanisms From this perspective, OADR could be viewed as an exercise in futility if there is no efficient mechanism in place to enforce the outcome(s) Indeed, access to justice is only meaningful where the outcome(s) of the OADR proceedings can be enforced Enforcement of OADR outcome(s) poses no problem when it is in the interest of both parties to fulfil their agreement However, the enforcement difficulties associated with global networks may suggest that enforcement can be best achieved through technological measures In fact, where small amounts of money are involved, as it is the case in most internet disputes, and where an e-business, most probably, will have no assets within the jurisdictional reach of the internet user, providing some other means to minimise the problem of enforceability, such as technological measures, becomes pressing In advancing this issue, this article will find out whether the internet itself, without governmental back up effort, can be viewed as an effective enforcement tool in cyberspace However, accountability in OADR may be based around institutional arrangements and not the medium, ie, the internet Consequently, where appropriate, this article will proceed to discuss the governmental role in OADR enforcement through its court system, since enforcement in OADR schemes might depend on having a contract or award that would be recognised by a court of law This article concludes that at present, enforceability of outcome(s) is the weakest point of OADR procedures Thus, it is important to recognise that in the modernisation of the ADR procedures in the form of OADR, one must take care not to diminish its legality

Journal ArticleDOI
TL;DR: Chan Nai-Ming et al. as discussed by the authors concluded that a byproduct of the digital age is the increasing criminalisation of copyright law, and pointed out that criminal liability for copyright infringement is a worldwide trend.
Abstract: A study of the plight of the unfortunate3 Mr Chan Nai-Ming of Hong Kong leads the authors to conclude that a by-product of the digital age is the increasing criminalisation of copyright law. Increasingly, there is a worldwide trend to impose criminal liability for copyright infringement. For instance, in Australia broad ranging amendments to the Copyright Act, which (in part) implement obligations under the Australia-US Free Trade Agreement (AUSFTA) were introduced into parliament on 19 October 2006.4 This is part of a growing trend that originated in the United States with the introduction of harsh criminal laws to prohibit the infringement of copyrighted works to prevent piracy.5 However, according to the Law Society's intellectual property working group an EU directive intended to target organized crime could see innocent victims face criminal proceedings for intellectual property infringement.6 Significantly, it would appear that few have considered the absurd 'full-on' ramifications of this attempt to impose criminal sanctions on those who commit minor infringements of copyrighted works.

Journal ArticleDOI
TL;DR: It is concluded that the ongoing battle between file sharers and their opponents has led to the loss of sight of the true goal of regulation: the protection of copyright holders from suffering de facto harm that is at least above a relatively negligible standard.
Abstract: The ongoing problem of digital file sharing technology evolving at a speed far greater than the law can keep up with is demonstrable with litigation upheld against the producers of peer-to-peer networks such as Grokster1 towards the ends of their natural useful lives As file sharers and, with them, copyright infringers, move onto more efficient networks such as BitTorrent, the story is repeated but with the new problem of the client software being open source This has led to avenues alternative to litigating against makers of peer-to-peer network clients being explored Perspectives on what constitutes "to affect prejudicially the owner of the copyright" as laid out in the CDPA 1988 are considered in light of the Hong Kong case of HKSAR v Chan Nai-Ming It is argued that the highly strict and surprisingly low level at which the test for prejudicial effect is set is counter-intuitive to the goals of curbing the problems piracy poses It is concluded that the ongoing battle between file sharers and their opponents has led to the loss of sight of the true goal of regulation: the protection of copyright holders from suffering de facto harm that is at least above a relatively negligible standard

Journal ArticleDOI
TL;DR: The agreement provides limited assistance to the ongoing discussion and resolution on Internet Governance, and furthermore that unless the key players—particularly the USA—alter their stance, the Internet is in danger of fragmentation and gridlock, which is a genuine possibility unless the governance of the Internet moves to an International level away from exclusive US control.
Abstract: The second stage of the World Summit on the Information Society (WSIS) in Tunisia in November 2005 saw the long-standing debate over who should govern the Internet reach an apparent culmination. The vast majority of parties involved (over 10,000 people from over 170 countries) announced their acquiescence to the final agreement, which allowed ICANN to maintain responsibility for domain name allocation, while introducing a non-binding multi-stakeholder Internet Governance Forum (IGF) to be set up alongside.1 However, this current paper will show that the agreement provides limited assistance to the ongoing discussion and resolution on Internet Governance, and furthermore that unless the key players-particularly the USA-alter their stance, the Internet is in danger of fragmentation and gridlock, which is a genuine possibility unless the governance of the Internet moves to an International level away from exclusive US control. The conclusions made in Tunisia are not fully representative and the perception of US control has not been removed. Until this is revisited and altered, the Internet remains in considerable threat of break-up and potential gridlock.

Journal ArticleDOI
TL;DR: The 22nd annual BILETA Conference as mentioned in this paper was held at the University of Hertfordshire and organised by the School of Law and the Law Society of the British and Irish Law, Ireland.
Abstract: This special edition intends to provide a flavour of the 22nd Annual BILETA Conference held at the University of Hertfordshire and organised by the School of Law. BILETA (British and Irish Law, Edu...

Journal ArticleDOI
TL;DR: The development and marketing of computer software by market leaders such as Microsoft has a latent potential to 'lock-out' competitors and thus raises regulatory concerns for antitrust and competition law authorities.
Abstract: The development and marketing of computer software by market leaders such as Microsoft has a latent potential to 'lock-out' competitors and thus raises regulatory concerns for antitrust and competition law authorities. Within Europe the announcement of 'Vista' generated complaints from competitors, and other interested parties, to the competition directorate of the European Commission. The complaints alleged that aspects of Vista seemed to be likely to breach Article 82 EC (abuse of a dominant position).

Journal ArticleDOI
TL;DR: In this article, the authors argue that CCTV surveillance is perhaps best regarded as a hybrid-neither automatic but not entirely manual either, and that this is a compromise that does not seem to fit easily under the legislative scheme with potential implications for data subjects.
Abstract: The Data Protection Act 1998 was not created for the purpose of regulating CCTV surveillance of public places yet, judging by the CCTV Code of Practice issued by the Information Commissioner, provides a detailed legal framework applicable to CCTV and encompasses all aspects of the surveillance process. Nevertheless, the 1998 Act was introduced principally to extend the remit of data protection to include paper records as well as computer records, yet maintaining a distinction between the two on the basis of whether data is processed by automatic or manual means. Exploring the nature of CCTV surveillance, involving interaction between human and machine, this article argues that CCTV surveillance is perhaps best regarded as a hybrid-neither automatic but not entirely manual either. Consequently, it is argued that this is a compromise that does not seem to fit easily under the legislative scheme with potential implications for data subjects.

Journal ArticleDOI
TL;DR: The current issue of The International Review of Law, Computers, & Technology brings together two recurring themes in law, computers, and technology as discussed by the authors, one of which is one that is almost as old as compu...
Abstract: The current issue of The International Review of Law, Computers, & Technology brings together two recurring themes in law, computers, and technology. The first is one that is almost as old as compu...

Journal ArticleDOI
TL;DR: In this article, the authors suggest that an angel or two to back an innovative online service would be well advised to ensure that their business plan is liberally sprinkled with the term "Web 2.0" and includes knowing...
Abstract: Anyone looking for an angel or two to back an innovative online service would be well advised to ensure that their business plan is liberally sprinkled with the term ‘Web 2.0’ and includes knowing ...