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Plss780 week 10

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  • 1. PLS 780 Week 10
  • 2. Tonight • International issues in internet law • Governance, jurisdiction and self-regulation • International trademark • International copyright • Business methods patents and trade secrets in an international context • International contracts • Global regulation of securities • Global privacy issues • Data security and global internet crime
  • 3. Who governs global internet activities? • Jurisdiction in an international context is complex and confusing even without factoring in issues of cyberspace • Preference for national enforcement (Territoriality principle, nationality principle, effects principle) • Can there be a global court that governs internet activities? Should there be?
  • 4. European Union as a Model • Brussels Convention bases jurisdiction on defendant’s domicile—simple and clear • Brussels Regulation followed specifically with regards to e-commerce in the EU allows domicile to be extended to any business or organizations business activities (beyond a non-passive website is standard)
  • 5. Self-Regulation • Despite the model presented by EU and the Brussels Regulation self-regulation is likely to be the norm for global internet jurisdiction and dispute resolution • Why? What role does technology play in this?
  • 6. International Trademark • Critical to global internet law—Why? • Word Trade Organization and treaty law play an enormous role here • Includes domain name disputes • Madrid Protocol most important: Establishes a single international trademark application and registration system managed by WIPO • Infringement litigated in ICJ/CTM courts; Enforcement of judgments always a barrier
  • 7. International Copyright • Berne Convention is the most important international agreement here; Signers agree to enforce copyright of original holder’s and their country’s law regarding protection of literary works • European Community has enhanced protections via the EC Electronic Commerce Directive which extends liability for copyright infringement to ISPs; Good or bad policy?
  • 8. Business Methods Patents and Trade Secrets • Conflicting view of business methods patents outside of the US; Most countries don’t find these enforceable bc they aren’t patentable • Only remedy is to block importation of goods that infringe on trade patents or violate trade secrets law
  • 9. Global Contracts • UNCITRAL model law of e-commerce • Uses general principles in order to create legally binding online contracts and agreements between international parties • Limited to commercial agreements only • Set of principles with no substantial enforcement, liabilities or remedies outlined
  • 10. Global Securities Law • Movement of capital online represents substantial challenges • Mostly self regulated by trade organizations that represent stock markets and securities commissions from home countries • Is this a business problem or a problem of national interest? Should governments get involved here beyond regulating the flow of capital within their borders? What should the SEC, for example, do?
  • 11. Global Privacy • Countries and societies have different standards of what is acceptable; How can these varying degrees of what is an acceptable level of protection/invasion be managed on a global scale? What role should international agreements and law play in making it easier for companies like Google or Yahoo! do business?
  • 12. Global Cybercrime • The ICJ tries defendants (mainly governments) who commit human rights violations and global crimes against humanity on a large scale; But what about cybercrimes? • How should global cyber crimes be handled?