This document discusses several issues relating to international internet law, including governance and jurisdiction, international trademarks and copyright, global contracts and securities, privacy, and cybercrime. It notes that jurisdiction is complex across borders and examines preference for national enforcement. The EU is presented as a model for internet jurisdiction based on defendant's domicile. However, self-regulation is likely to be the norm globally due to the role of technology. International treaties and organizations address issues such as trademarks, copyright, and the flow of capital. However, differing privacy standards and cybercrimes present ongoing challenges for global internet governance.

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?