general internet news - 28 May

[David Goldstein <goldstein_david@yahoo.com.au>]

Hi all

At the end there are some academic article relating to the
'general internet news'.

Cheers
David

***********************
CENSORSHIP & REGULATION
***********************
us: The Hill's Sex Diarist Reveals All (Well, Some) 
Sen. Mike DeWine (R-Ohio) on Friday fired a young staffer
for "unacceptable use of Senate computers" after she posted
her sex diaries on the Internet and raised a hubbub of
speculation last week: Who is this wicked woman that calls
herself "Washingtonienne"? Was she really bedding six
different men or making it all up? And who is the married,
high-level federal employee she claims paid her $400 for a
lunch-hour tryst?

http://www.washingtonpost.com/wp-dyn/articles/A48909-2004May22.html

us: Idaho justices reject free-speech challenge to
child-porn law
In a case decided late last week, the Idaho Supreme Court
rejected arguments that the state's ban on child
pornography violated the First Amendment guarantee to free
expression.
 http://www.firstamendmentcenter.org/news.aspx?id=13398

China to vet online games
Stepping up a public morality campaign aimed at Chinese
youths, the government will require official approval of
all online and mobile game products before they are sold,
state media reported Tuesday.
 http://afr.com/articles/2004/05/27/1085461869297.html
 http://www.bizreport.com/article.php?art_id=7262

Webmaster Finds Gaps in China's Net
When Wu Wei's Web site was shut down for the 23rd time,
police in the western Chinese city of Chengdu replaced it
with one of their own. For a few days last summer, people
trying to reach his Democracy and Freedom discussion forum
instead found an odd message in large red characters on
their computer screens.
 http://www.bizreport.com/article.php?art_id=7254
 http://www.washingtonpost.com/ac2/wp-dyn/A50496-2004May23

vn: Net Dissident Ends Hunger Strike
Activist Nguyen Vu Binh agrees to end his three-week hunger
strike after a Vietnamese court agrees to hear his appeal.
He was sentenced to seven years in prison for publishing
essays on the Net and e-mailing Congress.
 http://www.wired.com/news/politics/0,1283,63599,00.html

ie: PC porn remains an issue for Irish firms
Some 40 percent of companies in Ireland have had to deal
with the issue of employees downloading or viewing
pornography on computers at work.
 http://www.electricnews.net/frontpage/news-9413546.html

us: Cyberporn Cops "Probably Won’t" Be Fired: Report
Two law enforcement officers who appeared in a Web porn
video are not likely to lose their jobs over their off-duty
performing but they may end up off the street for the time
being.

http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=105513

****************************
ONLINE CRIME & ILLEGAL CONTENT
****************************
au: Aust police to gain access to stored messages
The federal Attorney General, Philip Ruddock, has
introduced amendments to federal parliament that would ease
police access to stored voice-mails, e-mails and text
messages.

http://www.zdnet.com.au/news/security/0,2000061744,39148885,00.htm

http://australianit.news.com.au/articles/0,7204,9673367%5e16123%5e%5enbv%5e,00.html

au: Eastern mobsters target Australians online
Australians are being targeted by Eastern European
organised crime families using the Internet to extort and
steal far from home.

http://www.zdnet.com.au/news/security/0,2000061744,39148772,00.htm

http://theage.com.au/articles/2004/05/26/1085461818627.html

au: Porn dumpers move offshore
AUSTRALIAN internet users are still getting huge bills for
phone calls to exotic overseas locations, as providers of
internet pornography move internet dialing services
offshore.

http://australianit.news.com.au/articles/0,7204,9653582%5e16123%5e%5enbv%5e,00.html

China Finds Freedom Behind Great Firewall
Part One in a series of three articles about China's
Internet activity on the tenth anniversary of the country
going online.

http://news.yahoo.com/news?tmpl=story&u=/pcworld/20040527/tc_pcworld/116278

uk: Regulator fines Net sex firm
An Internet sex company has been fined £10,000 after more
than 370 punters complained that it had installed software
on their PCs that connected them to a premium-rate phone
line.
 http://www.theregister.co.uk/2004/05/26/icstis_fines/

uk: 'More legislation' needed against cybercrime
The government needs to do more to protect companies
operating online, with increasingly sophisticated threats
costing the UK millions of pounds, say experts.
 http://www.vnunet.com/news/1155424

eu: Police go back to class to catch Internet crooks
Police are heading back to the classroom as a new breed of
criminals turns to the Internet to prey on unsuspecting
victims. Across Europe and beyond, cyber investigators are
being trained in computer forensics -- a crimefighting
technique that is part science, part sleuthing.

http://www.sabcnews.com/sci_tech/internet/0,2172,80570,00.html

http://reuters.co.uk/newsArticle.jhtml?type=technologyNews&storyID=5261016

et: Telecommunications Corporation Issues Disclaimer On
Inflated Bills Caused By Porno Sites
Ethiopian Telecommunications Corporation (ETC) issued a
disclaimer that explains the result of inflated telephone
bills caused by accessing pornographic websites.
 http://allafrica.com/stories/200405250150.html

us: Study: Online Crime Costs Rising
Online criminals are attacking corporate and government
networks more frequently, costing businesses an estimated
$666 million in 2003, according to a survey of computer
security executives released today.

http://www.washingtonpost.com/wp-dyn/articles/A53042-2004May24.html

us: State Senate Expected to OK E-Mail Bill
E-mail service providers would not be allowed to glean
details from people's electronic messages to compile
dossiers useful for marketing under a bill expected to pass
the state Senate today.

http://www.latimes.com/technology/la-fi-googlelaw27may27,1,7885195.story

Phishing rocks the e-commerce boat
The number of phishing attempts grew almost 180 per cent
last month, and the attacks are becoming increasingly
sophisticated, according to a report from the Anti Phishing
Working Group (APWG).
 http://www.vnunet.com/news/1155377

Italy cracks down on internet piracy
The Italian parliament has passed a law to fight internet
piracy, with punishments as stiff as three years in prison,
making Italy's crackdown one of the toughest around the
world, observers said.
 http://afr.com/articles/2004/05/26/1085461790224.html
 http://www.dmeurope.com/default.asp?ArticleID=1870

us: Govt Computer Surveillance Rings Alarm Bells
Nine months after Congress shut down a controversial
Pentagon computer-surveillance program, the U.S. government
continues to comb private records to sniff out suspicious
activity, according to a congressional report obtained by
Reuters.

http://reuters.co.uk/newsArticle.jhtml?type=technologyNews&storyID=5268720

ua: Two online journalists imprisoned
Reporters Without Borders has objected to police methods in
the arrests of two online journalists and cast doubt on the
official reasons for their detention.
 http://www.rsf.org/article.php3?id_article=10454

Internet drug sales may cause Canada pain
Task force studying whether on-line retailing will cause
shortages of prescription medicines here.

http://www.globetechnology.com/servlet/story/RTGAM.20040526.gtrinphar26/BNStory/Technology/

CONFERENCE: IV World Congress of Computer Law 
"Policies and regulatory framework for everyone's
information society" - from 11 to 15 October 2004 in Cuzco,
Peru. Conference information is available en Español, em
Portugues, en Français & in Italiano.
 http://www.alfa-redi.org/congreso/ivmundiali.asp

*****
SPAM
*****
Singapore mulls fines for local spammers
Singapore is thinking of charging spammers for every
message they send, in order to deter people on the island
from adding to the congestion online, the Straits Times has
reported.
 http://smh.com.au/articles/2004/05/27/1085461876570.html

http://www.theregister.co.uk/2004/05/26/spam_laws_singapore

http://australianit.news.com.au/articles/0,7204,9666786%5e16123%5e%5enbv%5e,00.html
 http://afr.com/articles/2004/05/26/1085461799684.html

us: Porn spammers ignore new labelling rule
Senders of pornographic spam are failing to comply with a
new US rules that requires a warning in the subject line.

http://news.zdnet.co.uk/internet/security/0,39020375,39155965,00.htm

http://www.usatoday.com/tech/news/techpolicy/2004-05-26-spam-bill-fl_x.htm

us: Porn spam is dead
The amount of spam featuring pornography has fallen
dramatically as spammers turn to more profitable products
to flog and email less likely to meet with resistance from
filters.

http://hardware.silicon.com/storage/0,39024649,39120943,00.htm

Spam messages on the increase
Junk mail now accounts for nearly 70% of e-mails worldwide,
according to filtering firm MessageLabs.
 http://news.bbc.co.uk/2/hi/technology/3746023.stm

Combined anti-spam standard proposed
The backers of two anti-spam proposals say they will work
together to provide a single standard that will make it
easier for Internet providers to block unwanted junk
e-mail.

http://www.reuters.co.uk/newsPackageArticle.jhtml?type=internetNews&storyID=5252911

Junk email: No relief in sight for the spammed
The average number of spam emails continued to increase in
April, with one company finding that 99.8 percent of all
incoming emails were spam.
 http://news.zdnet.co.uk/0,39020330,39155638,00.htm

Studie: Spam und Viren beeinträchtigen Internet-Nutzung
Mittlerweile fühlen sich über 40 Prozent der
Internet-Nutzer durch Spam-Mails in hohem Maße gestört.
78,4 Prozent der Surfer empfangen wöchentlich fünf oder
mehr unerwünschte Werbebotschaften. Diese bremsen die Lust
am Surfen deutlich. Zu diesem Ergebnis zumindest kommt die
18. W3B-Erhebung des Martkforschungsinstituts Fittkau &
Maaß, bei der über 120.000 deutschsprachige Internet-Nutzer
stichprobenartig über einen Zeitraum von fünf Wochen online
befragt wurden.
 http://www.heise.de/newsticker/meldung/47708

****************
CHILD PROTECTION
****************
eu: Child porn raid nets hundreds of suspects
A concerted raid by Nordic police on Tuesday resulted in
charges being filed against at least 351 people for
possession or trafficking in child pornography. In Norway
153 people had been charged and Tromsø police were
beginning to investigate the possibility that some of the
porn had been produced locally.
 http://www.aftenposten.no/english/local/article796598.ece

http://www.norwaypost.no/content.asp?folder_id=1&cluster_id=25419
 http://ww2.yle.fi/pls/show/page?id=249052
 http://www.nzherald.co.nz/storydisplay.cfm?storyID=3568807

http://news.com.au/common/story_page/0,4057,9670961%255E401,00.html

http://www.reuters.co.uk/newsPackageArticle.jhtml?type=worldNews&storyID=517432
Importante operación policial contra la pedofilia con 350
detenciones en el norte de Europa

http://delitosinformaticos.com/noticias/10855660122898.shtml

au: Child porn guilty plea
A THIRROUL man arrested after child pornography raids in 10
countries has admitted downloading hundreds of images
showing naked young girls in suggestive poses.

http://www.illawarramercury.com/articles/2004/05/26/1085461794908.html

ca: Child porn suspect worked with kids for years
A Toronto nurse who is facing child pornography charges has
worked closely with young people for more than 10 years,
police said Tuesday.

http://www.cbc.ca/stories/2004/05/25/canada/faichine_040525

http://news.yahoo.com/news?tmpl=story&u=/cpress/20040525/ca_pr_on_na/crime_nurse_pornography_2

ie: Impeachment move stalled as judge says: I'm innocent
THE Circuit Court judge under threat of impeachment arising
from a child pornography case has denied any impropriety.
The sensational development came in correspondence to
Taoiseach Bertie Ahern from solicitors for Judge Brian
Curtin, who was acquitted at Tralee Circuit Court over a
month ago.

http://www.unison.ie/irish_independent/stories.php3?ca=9&si=1187431&issue_id=10913

ie: Most child porn users are 'thrill seekers'
MEN who download child pornography from the internet are
usually married, well-educated and with above average
intelligence.

http://www.irishexaminer.com/pport/web/Full_Story/did-sgKIu-Lm27iNwsgdq-nXlDAyFE.asp

uk: Child porn browser spared jail
A man who downloaded images of child pornography from the
internet did it because he was addicted to surfing the
internet.

http://www.thisislocallondon.co.uk/display.var.492706.0.child_porn_browser_spared_jail.php

us: Spanky the clown arrested in child pornography raid
A clown by the name of Spanky, who worked for the renowned
Ringling Brothers and Barnum and Bailey Circus, has been
arrested in an investigation into child pornography.

http://news.independent.co.uk/world/americas/story.jsp?story=525270

http://www.guardian.co.uk/worldlatest/story/0,1280,-4136876,00.html

http://www.usatoday.com/news/nation/2004-05-26-clown-arrested_x.htm

http://www.theaustralian.news.com.au/common/story_page/0,5744,9671064%255E1702,00.html

us: Florida Child Porn Convictions Rarely Lead To Jail Time
Eyewitness News discovered that people caught with child
pornography often never go to prison. It's part of Florida
law that has even prosecutors demanding a change.
 http://www.wftv.com/news/3345552/detail.html

Couple police cyberspace for child predators
Kenny Tipton pecks at his computer, scanning Internet chat
rooms. "OK, here we go," he says, entering an America
Online chat room and scrolling through the messages. "Look
at that. It's full of porn, every line."

http://www.fortwayne.com/mld/newssentinel/living/8754044.htm

us: Child Porn Probe Nicks Border Patrol Agent
The lengthening arms of U.S. child porn hunting have
stretched to the U.S. Border Patrol, where an El Centro
sector agent's personal computer and files have been seized
amidst a worldwide crackdown.

http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=96781

us: Aurora man appears in court on child pornography charge
An Aurora man charged with manufacturing child pornography
appeared in Hamilton County Court on Tuesday and was bound
over to district court.

http://www.theindependent.com/stories/052604/new_harlan26.shtml

us: Ky. couple sentenced on 99 counts of child pornography
A man convicted of downloading child pornography was
sentenced Monday to nearly 76 years in prison after
officials agreed he posed enough of a danger to go beyond
federal sentencing guidelines.
 http://www.courttv.com/news/2004/0525/couple_ap.html

us: Ex-teacher guilty in child porn case
A former Avon elementary school teacher pleaded guilty
today to two counts of possessing child pornography and
agreed to accept an 18-month prison sentence.
 http://www.indystar.com/articles/0/149904-2450-093.html

us: Sentencing For Couple Convicted Of Child Pornography
A Jessamine County couple convicted on 100 counts of child
pornography face sentencing Monday.
 http://www.wkyt.com/Global/story.asp?S=1890791

us: Gonzales man, school volunteer charged with trafficking
in child porn
A Gonzales businessman who volunteered at Galvez Middle
School was picked up last week on a federal criminal
complaint alleging he was trafficking in child pornography.

http://www.ascensioncitizen.com/articles/2004/05/26/news/news2.txt

us: Sting nets child pornography arrest in S.J.
San Jose police have arrested a Castro Valley man after he
allegedly attempted to lure an undercover officer posing as
a 12-year-old girl via the Internet.

http://www.mercurynews.com/mld/mercurynews/news/local/8764915.htm?1c

us: Supreme Court upholds former professor's child porn
conviction
A former Yale University professor's conviction on child
pornography charges was upheld Monday by the state Supreme
Court.

http://www.wfsb.com/Global/story.asp?S=1891359&nav=1VGmNNAH

us: Michigan priest held in net sex sting
A priest was arrested in an internet sex sting after
allegedly arranging to meet someone he thought was a
14-year-old girl.
 http://smh.com.au/articles/2004/05/26/1085461798257.html

************
INTERNET USE
************
Finally a Good Internet Safety Site for Teens
I’ve been writing about Internet safety for kids since 1994
when the National Center for Missing and Exploited Children
commissioned me to write “Child Safety on the Information
Highway.”  A few years later I wrote a teen version called,
“Teen Safety on the Information Highway.”
 http://safekids.pcanswer.com/safeteens/webcrackers.htm

European Commission launches new dynamic interactive youth
portal (Europa)
A portal specifically devoted to catering for the needs of
young people is launched by the European Commission on 26th
May 2004 with access to more than 10.000 websites in the 20
EU languages. The portal has been developed by young
Europeans for young Europeans and contains everything you
need and want to know about Europe which is relevant to
young people from travel, to study to working in another EU
country.
 http://www.europa.eu.int/youth/news/index_103_en.html

us: Will Providers Provide Equally?
Among the many things the Internet does with incredible
efficiency is breed conspiracy theories. So as the great
network has evolved, concerns about whether the companies
that control the Internet's pipes might one day
discriminate among what Web sites you could see, or whose
movies you could download, have often been dismissed as
silly, impossible or both.

http://www.washingtonpost.com/wp-dyn/articles/A58685-2004May26.html

************
ONLINE MUSIC
************
Downloads 'fuel music recovery'
The beleaguered global music industry says it expects to
see an increase in music sales next year.
 http://news.bbc.co.uk/2/hi/entertainment/3743849.stm

us: Minnesota woman caught in crackdown on music
downloaders
A Minnesota woman who says she doesn't even know how to use
her home computer has been caught up in the music
industry's crackdown on people who download copyrighted
music illegally.

http://www.usatoday.com/tech/webguide/music/2004-05-26-riaa-vs-minnesotan_x.htm

us: 'Pirate Act' raises civil rights concerns
File swappers concerned about getting in trouble with
record labels over illegal downloads may soon have a major
new worry: the U.S. Department of Justice.
 http://news.com.com/2100-1027_3-5220480.html

Europe's Net file-swappers unfazed by lawsuits
The threat of lawsuits has failed to deter Europeans from
using the Internet to hoard free music, movies and video
games, a technology firm that measures Internet traffic
says.

http://reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=5235608

Legal music sites break 100 mark
The number of legal online music services breaks the 100
barrier, the music industry announces.
 http://news.bbc.co.uk/2/hi/entertainment/3753279.stm

New Spin on the Music Business
Rather than modify the current, failing copyright system to
save the entertainment industry, one legal scholar is
proposing radical plans for a system that he claims will
pay artists fairly and bring more digital media to the
people who crave it. But convincing the music and movie
industries to embrace the idea seems unlikely, at least in
the near future.

http://www.cbeji.com.br/br/novidades/artigos/index.asp?id=2882
 http://www.wired.com/news/digiwood/0,1412,63474,00.html

************************
MICROSOFT & DEVELOPMENTS
************************
Wi-fi lifeline for Nepal's farmers
Yak farmers in the mountains of Nepal are using wireless
internet technology to keep in touch with their families.
 http://news.bbc.co.uk/2/hi/technology/3744075.stm

Yahoo joins spyware fight with toolbar upgrade
Yahoo is beta-testing an application that allows users to
scan their PCs for spyware through its toolbar.

http://news.zdnet.co.uk/internet/security/0,39020375,39155957,00.htm
Yahoo testet Toolbar mit Spyware-Schutz
 http://www.heise.de/newsticker/meldung/47735

Australians told to ignore SCO's letters
An industry group is suggesting that Australian companies
and individuals should not make any response to SCO's
demands for Linux licences.

http://news.zdnet.co.uk/business/legal/0,39020651,39155844,00.htm

http://star-techcentral.com/tech/story.asp?file=/2004/5/27/technology/8084023&sec=technology

us: Law less likely to block Gmail
A Californian senator has toned down a bill that would have
effectively made Gmail's operation impossible.

http://news.zdnet.co.uk/business/legal/0,39020651,39155841,00.htm
 http://news.com.com/2100-1025_3-5220492.html

Study questions Google's long-term dominance
When it comes to search engines, people overwhelmingly
prefer Google--but increasing competition from a number of
rivals could eventually threaten the company's top spot, a
study has shown.

http://www.zdnet.com.au/news/business/0,39023166,39148751,00.htm

http://networks.silicon.com/webwatch/0,39024667,39120917,00.htm

us: GoConnect gets naked
THE Naked News program will be available globally via
mobile phones following a deal with the Canadian strip-news
program and Australian media and communications company
GoConnect.

http://australianit.news.com.au/articles/0,7204,9671472%5e16123%5e%5enbv%5e,00.html
 http://smh.com.au/articles/2004/05/27/1085461872384.html

************************
ACADEMIC ARTICLES
************************
Regulations & Internet Use in Developing Countries
 http://www.cbeji.com.br/br/downloads/secao/Third
Country.pdf	

The Layers Principle: Internet Architecture & The Law
 http://www.cbeji.com.br/br/img/bt_down.gif

The Need for Revisions to the Law of Wiretapping and
Interception of Email by Robert A. Pikowsky
 http://www.mttlr.org/volten/pikowskyTYPE1-27.pdf

The Cyber-front in the War on Terrorism: Curbing Terrorist
Use of the Internet by Todd M. Hinnen
Abstract: As an affordable, anonymous, secure,
geographically unbounded, and largely unregulated medium
for commerce and communication, the Internet provides users
with an unprecedented global marketplace in which to
conduct financial transactions and exchange ideas. These
same characteristics, however, render the Internet an
inviting environment for vast fraud schemes, money
laundering, and communication among criminal
coconspirators. It has become increasingly clear that
terrorist organizations avail themselves of the
opportunities afforded by the Internet to recruit and train
adherents and foot soldiers, to raise and move funds, and
to plan and execute attacks. This Article explores law
enforcement's ability to combat terrorist organizations'
use of the Internet to raise and move funds, communicate,
and orchestrate acts of terror. First, the Article examines
the online mechanisms through which terrorist organizations
raise funds online, citing examples in which terrorists
have raised money by soliciting funds directly over the
Internet, exploiting facially-legitimate online charities,
or garnering the proceeds of Internet crimes. Second, the
Article explores the online commercial applications through
which terrorist organizations transfer resources from these
fund-raising sources to their operational corps. Third, the
Article investigates the online means by which terrorist
organizations communicate to recruit and indoctrinate
supporters, to orchestrate fund-raising and disbursement
efforts, and to devise and implement violent operations.
With regard to each of these topics, the Article discusses
the challenges posed to the United States government's
efforts to prevent, investigate, and prosecute such conduct
under United States law.
 http://www.stlr.org/cite.cgi?volume=5&article=5

Spam: An Examination of Private and Legislative Responses
to Unsolicited Electronic Mail in Australia and the United
States by Shirley Quo
This paper will propose a definition of spam and discuss
the problems caused by spam. Both private and legislative
approaches, which have been used to address the spam
problem will be reviewed, that is, technical measures,
regulatory and self-regulatory strategies, litigation under
existing legislation and common law theories. Anti-spam
legislation in the United States ("US") that specifically
targets spam will also be examined.
 http://www.murdoch.edu.au/elaw/issues/v11n1/quo111.html

Xavier Beltran, WHAT A LOCAL INTERNET COMPANY CAN DO ABOUT
LEGAL UNCERTAINTY IN CYBERSPACE: A Policy Proposal on How
To Deal with the International Jurisdictional, Judgment
Enforcement, and Conflict of Law Problems Posed By the
Internet (2001)
Jurisdictional quandaries over what laws govern
international Internet transactions and/or interactions and
which can/should be effectively enforced remain uncertain.
While some legal certainty in Internet business
transactions is available through internationally
enforceable forum-selection and choice of law agreements
between contracting parties, there is no such certainty
when international disputes arise outside of a contractual
context. This paper first focuses specifically on what
domestic internet companies should know about jurisdiction,
enforcement of judgments, and conflict of law issues in
cyberspace when a dispute arises outside of the contractual
sphere. Second, it will suggest a way to think about law
and cyberspace that may be better suited for the task of
overcoming the legal uncertainty in cyberspace created by
its current jurisdictional, conflict of law, and
enforcement of judgments problems. Next, this presentation
will brainstorm on how such a theory of approaching
governance in cyberspace would work. Then, in section five,
this presentation will suggest a policy proposal on how
such an approach could be brought down to earth and made a
reality. Lastly, in section six, the proposed policy will
be applied to a hypothetical example (dealing with content
regulation) in which the merits of the proposal’s ability
to overcome the jurisdictional, enforcement of judgments,
and conflict of law problems posed by the Internet today
will be assessed.

http://www.bc.edu/bc_org/avp/law/st_org/iptf/articles/content/2001112701.html

Ready to join the EU Information Society? Implementation of
E-commerce Directive 2000/31/EC in the EU acceding
countries - the example of Poland by Katarzyna Kryczka

http://www3.oup.co.uk/inttec/hdb/Volume_12/Issue_01/120055.sgm.abs.html

http://www3.oup.co.uk/inttec/hdb/Volume_12/Issue_01/pdf/120055.pdf

Book Review: Michael Geist: Internet Law in Canada (3rd
Ed.)

http://www3.oup.co.uk/inttec/hdb/Volume_12/Issue_01/120153.sgm.abs.html

http://www3.oup.co.uk/inttec/hdb/Volume_12/Issue_01/pdf/120153.pdf

Consumer Privacy, On-Line Business and the Internet:
Looking for Privacy in all the Wrong Places by Lilian
Edwards
Consumer choice and power is enhanced by the Internet but
simultaneously consumer privacy is threatened. Privacy can
be protected or 'regulated' online, as Lessig theorises, by
the market, norms, law or 'code'. This article argues that
although none of the first three modes of protection are
satisfactory, this does not mean 'code' solutions such as
P3P should be embraced uncritically. The true answer may be
that consumers are simply prepared to sacrifice privacy
on-line to embrace the correlative advantages but this
choice is uninformed and does not prevent fears about
privacy impacting on consumer confidence in e-commerce. A
new effort must be made not to abandon law as unenforceable
in dealing with problems such as spam and privacy, but to
explore how it can be amended and globally harmonised to
provide sanction and backing to self regulatory and
technical solutions.

http://www3.oup.co.uk/inttec/hdb/Volume_11/Issue_03/110226.sgm.abs.html

http://www3.oup.co.uk/inttec/hdb/Volume_11/Issue_03/pdf/110226.pdf

Raising 'Cyber-Borders': The Interaction Between Law and
Technology by Andreas Manolopoulos1
The aim of this paper is to examine the formation of
'cyber-borders'. Our analysis will entail examination of
the following questions: the courts of which country (or
countries) can assert jurisdiction over a transnational
Internet dispute? How and to what extent is it possible to
define 'Internet borders' of a mixed legal and
technological nature? Our analysis will be conducted in the
light of a recent case in the US and France and its
implications in the field of 'cyber-borders'. In this case
involving Yahoo!, a US and a French court asserted
jurisdiction over the same web site dispute. The French
court exercised jurisdiction on the basis of a mixed legal
and technological test. By contrast, the US court did not
use any technological mechanism to assess the
jurisdictional problem. These differences of approach will
be examined in order to illustrate the increasing role of
national courts in raising 'cyber-borders' and the
importance of technology in assessing Internet jurisdiction
disputes.

http://www3.oup.co.uk/inttec/hdb/Volume_11/Issue_01/110040.sgm.abs.html

http://www3.oup.co.uk/inttec/hdb/Volume_11/Issue_01/pdf/110040.pdf
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(c) David Goldstein 2004



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