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?