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On 31 October 2003 the Copyright and Related Rights Regulations 2003 1 (“the Regulations”), which implement EC Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright in the Information Society (“the Directive”), came into force. They extensively, and yet further, amend the Copyright Designs and Patents Act 1988 (“the Act”), the increasingly ragged patchwork of a statute...
Charging is frequently perceived by most lawyers to be something of a black art, an area best left to accountants and consultants. This article provides a brief overview of some of the payment mechanisms that may be appropriate in respect of a large scale IT project. It also highlights some of the key advantages and disadvantages of certain ways of structuring payments.
In the first part of this paper, 1 the underlying privacy concerns of multi-application smart card schemes were identified. In relation to the use of global unique identifiers, the regulatory framework for the smart card manufacturer was assessed. To demonstrate that multi-application smart card technology can be reconciled with the principles of data protection legislation, in particular...
This article explains that not only the arsenal of identity instruments, but also our identity verification methods have to change if we are to meet the challenge of identity fraud in the future. Existing identity policies are not up to the task of guaranteeing our security and privacy in an information society. Because of the prevailing legal-administrative approach, more vigorous procedures and...
Part I of this Article dealt with the general conditions of entitlement (the “General Conditions”) published as part of the authorisation regime introduced to regulate electronic communications networks and services (“ECNS”) under the Communications Act 2003 (the “Act”) as at 1 September 2003. This Part II will cover the other changes to the regulation of electronic communications that the Act introduces...
This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the...
Proposals, to allow law enforcement agencies to obtain access to encryption keys, raise interesting questions in regard to the subterfuge that a criminal organisation might employ to safeguard secret data. The situation has common ground with methods used for the plausible deniability of the presence of secret files. This article considers the potential for decoding encrypted data in two ways; one...
This article explores the current state of play in the attempts by the European Commission to secure the passage of the proposed directive on computer implemented inventions
This fourth and final article in a series on the legal challenges of ecommerce oriented software agents summarises issues analysed in previous articles and puts current agent research in context: the semantic web and web services, multi agent systems and open markets. The authors comment on these technologies from a legal perspective especially in relation to establishing trust in agent based commerce...
This article reviews how the UK proposes to implement the Distance Marketing Directive (2002/65/EC) into UK law so far as financial services are concerned.
Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider's (ISP) network. The Carnivore software system is used together with a tap on the ISP's network to “intercept, filter, seize and decipher digital communications on the Internet”. The system is described as a “specialized...
In the aftermath of the events of 11 September 2001, decisions have been taken unilaterally by US authorities requiring air line companies to provide direct access or transfer of data concerning passengers and cabin crews flying to, from or within the US to certain US administrations. These decisions have been challenged by EU authorities insofar they constitute a violation of EU privacy and personal...
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