Regulation (EC) No 808/2004 (Directive on IS Statistics) of the European Parliament and the Council established a common framework for the systematic production of EU
statistics on the information society. This Directive on IS Statistics was implemented by Commission Regulation (EC) No 847/2007 of July 18, 2007 (Implementing Directive). The aggregate data required by Annex I to the Implementing Directive must be forwarded to Eurostat by October 5, 2008.
Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008. The law is called “Jeffrey Johnston Stand Up for All Students Act” (Fla. Stat. section 1006.147), named after Jeffrey Johnston, a 15-year-old boy who committed suicide after being the object of
bullying, including Internet bullying, for two years. This new Florida law prohibits bullying and harassment of any public K-12 student or employee, and requires public schools to adopt measures to protect students and employees from the physical and psychological effects of bullying and
harassment.
18 July 2008 - On 17 July 2008, the OECD Council approved the contents of the 2008 Update to the OECD Model Tax Convention . This followed the earlier approval of the update by the Committee on Fiscal Affairs at its meeting of 24-25 June 2008.
Whilst most of the changes included in the update had previously been released for public comments, the update itself was released as a discussion draft in April 2008.
Edition of the Prize to Data Protection best practices in European public services to be awarded during 2008.
The aim of the Prize is to expand the awareness and reproduction of best practices in data protection, currently in use by any Governmental Body or Institution in any of the States Party to the Convention of the Council of Europe of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data.
An X-rated Web operation that paid affiliates who used illegal e-mail to drive customers to its Web sites will pay a $413,000 civil penalty under a settlement reached with the FTC and the Department of Justice. The settlement also bars the illegal marketing practices in the future and requires the operator to monitor its affiliates to ensure that they are complying with the law.
On 4 May 2007, the Turkish Parliament adopted the Turkish law No. 5651, regulating Internet content and listing crimes that can be committed on the Web, known “Regulation of Internet Publications and Combating Crimes Committed through such Publication.” President Ahmet Necdet Sezer signed the law on May 22nd. The first half of the law covers criminal law matters, and the second half regulates civil law aspects. Turkey is a country that switched from Muslim religious rule to a secular state
with laws based upon the Swiss civil code, guided through this phase by the great reformer Ataturk. The Government is very dependent upon the military to keep the balance between the religious hierarchy and the secular state.
The Government of Singapore has devoted significant effort to combating computer crime. It passed legislation in 1993 and periodically amends this legislation as needed. It has created new agencies and given its law enforcement personnel greater powers in its fight against these crimes. This article provides an overview of the Law on Computer Crimes in Singapore.
Competition in the markets in the Fiji Islands is regulated by the Commerce Act n. 50 of 1998 (the Commerce Act.) The Commerce Act is aimed at promoting competition in the markets in the Fiji Islands.
On May 18th, 2008 the Electronic Transactions Law 69/2008 of the Sultanate of Oman was issued by His Majesty?s Royal Decree. This is the first law passed to regulate electronic transactions in Oman. Secretary General of Oman’s National Economy Ministry and Chairman of the Information Technology Authority (ITA) Mohammad Al-Khussaibi said the Electronic Transactions Law “is the start of a new era
in Oman, where a truly e-enabled society evolves in the realization of the digital society in the Sultanate.”
Transaction of computer software is taxable in Washington State. Both custom and customized software products are subject to tax. Software written for one specific customer other than those which are considered canned is not taxed. In Washington custom computer programs are not
subject to sales tax but are subject to Washington business and occupation tax. Installation for canned software is tax exempt for sales tax purposes if it is a separately stated charge.
A former vice president of imaging and printing services at the Hewlett Packard Company (HP) pleaded guilty today to stealing trade secrets, announced Acting Assistant Attorney General Matthew Friedrich of the Criminal Division and U.S. Attorney Joseph P. Russoniello for the Northern District of California. Atul Malhotra, 42, of Santa Barbara, Calif., was charged on June 27, 2007, in a one count information with theft of trade secrets. According to court documents, from Nov. 17, 1997, to April 28, 2006, Malhotra was employed by International Business Machines Corporation (IBM) as director of sales and business development in output management services for IBM Global Services.
The European Data Protection Supervisor (EDPS) adopted an Opinion on the Commission’’s proposal aimed at reviewing the rules on public access to documents held by EU institutions. The Opinion focuses on an amended provision dealing with the relation between public access to documents and the protection of personal data. Although the EDPS welcomes the Commission’s intention to clarify the delicate interaction between public access and data protection, he feels that the substance of
the proposed amendment fails to provide the appropriate answer.
To raise awareness of how companies can better counter corruption, ICC is publishing today? Clean Business Is Good Business: The Business Case against Corruption.
ICC has teamed up with Transparency International, the United Nations Global Compact, and the World Economic Forum Partnering Against Corruption Initiative in the publication of this invaluable guide.
Corruption is not only the biggest obstacle to development and economic growth, but also a major risk to companies, as recent stories in the press have demonstrated.
The Internet Corporation for Assigned Names and Numbers (ICANN) today announced the availability of Arabic, Chinese, and Russian versions of ICANN Policy Issue Briefs in furtherance of ICANN’s internationalization efforts.
ICANN recently developed ICANN Policy Issue Briefs to introduce the broader Internet community to issues currently being addressed by ICANN’’s bottom-up, consensus-based policy development structure.
Hong Kong, one of the first two countries in the world to offer e-stamping for property transfer documents, has now reorganized its electronic stamping bureau after 4 years of effective service. The Inland Revenue Department launched the E-Stamping service for tenancy agreements, sale agreements, and assignments of landed properties. E-Stamping provides a faster, more efficient and
convenient option to the age-old bureaucratic manual stamping service and is also highly reliable. In fact, some countries, such as India have moved into an e-stamping regime to fight against rampant property paper counterfeits. These questions will be answered to better understand the Hong Kong E-Stamp system: For What Type of Agreements are E-Stamps Used?; Are E-Stamps Safe– How is the System Secured?; Do I Have to Use E-Stamps for Hong Kong Property Transactions?; What is the Rate of Stamp Duty?
The US Congress amended the Federal Rules of Civil Procedure (FRCP) on December 1, 2006, to adapt discovery rules to the proliferation of electronic communications. The new FRCP were completely rewritten and went into effect in December 2007. The purpose for the amendment was to make the rules simpler and add new dictates for electronic evidence, given society’s tendency to store records electronically. This article illustrates on the amended FRCP. These questions will be answered to
help understand the changes in the FCRP: What do the Federal Rules of Civil Procedure Cover?; What are the Main Changes in the FRCP?; What Does The FRCP Say About Email Requirements?; What About Deleting Emails and the Safe Harbor Provision?
The South African National Gambling Amendment Bill (the ?NGAB?) legalizes online gambling in South Africa and establishes a licensing and regulatory system for this industry. NGAB curtails the negative socioeconomic effects of an unregulated online gambling industry. The NGAB is still pending signature by the South Africa’s President.
Interpretation of European Community laws and their adaptation by Member States is a complex task when several EU Directives are involved. In January 2008, the European Court of Justice decided a case that involved interpretation of several e-commerce, copyright directives, and some directives regarding the processing of personal data and the question of whether Internet service providers were to provide users’ personal data within copyright proceedings. The facts and holding of the European Court of Justice in this particular case follows.
Massive web retailer Amazon.com, best known for selling books and CD’s online, is suing New York State regarding a new law that demands certain online retailers collect taxes from NY customers and then deliver the tax money to the state revenue branch. In the suit, Amazon claims the law is unconstitutional, as against the Commerce Clause and Due Process. Amazon named New York’s taxation and finance commissioner, Robert Megna, and New York Governor David Paterson as defendants. The Department of Taxation and Finance has 20 to 30 days to respond.
The agreement would provide for trade, political dialogue and cooperation pillars. After establishing this starting point, countries would be given the flexibility of deciding on which of the pillars they would base their entry into the association agreement between the two economic blocs, President Alvaro Uribe explained at the conclusion of a meeting of CAN Presidents
and Foreign Ministers with representatives of the European Union.
(SP) A Framework Agreement will clear the way for more rapid progress toward an association agreement between the Andean Community and the European Union.
Maximizing the economic potential of the Internet and information and communication technologies will require not only investment in infrastructure but also policy reform, Subramaniam Ramadorai, Chair of ICC’’s initiative, Business Action to Support the Information Society (BASIS), said today during an OECD Ministerial Meeting on the future of the Internet economy.
Mr Ramadorai, who is also CEO and Managing Director of Tata Consultancy Services in India, said: “Establishing a pervasive and prosperous Internet culture is as much about creating the right business environment as it is about adopting the right technology, speaking during a round table discussion on the global Internet economy.
The e-Government Strategy for the Western Australian Public Sector (the Strategy) was launched in August 2004 by the then Premier, Geoff Gallop. The Strategy establishes a roadmap for how the Western Australian Public Sector will progress to a transformational model of government service
delivery.
The vision for e-government conveyed in the Strategy is a more efficient public sector that delivers integrated services and improved opportunities for community participation. Following, there is some information about this Australian project.
Virginia consumers and businesses have new safeguards against counterfeit and unsafe products due to successful legislation advanced as part of Attorney General Bob McDonnell”s 2008 legislative agenda. The Attorney General highlighted these new consumer and business protection measures, which will take effect tomorrow, at a press conference in Alexandria with business leaders, consumer advocates, legislators and law enforcement officials from across Virginia and the nation.
The European Union Directive 1999/93/EC sought to strengthen the requirements for electronic signatures and promote e-commercein Europe. Its provisions are incorporated in Romanian through Electronic Signature Law 2001 (’ESL’) that provides for the regulation of electronic signatures by the
Romanian Ministry of Communication and Information Technology (’MICT’). The primary role of the MICT is to monitor certification service providers who provide electronic signatures and secure extended electronic signatures, which require a qualified certificate and potentially carry higher level of liability. MICT may impose sanctions, deregister service providers, and issue regulations relating to electronic signatures.
Under Vietnamese intellectual property law, trademarks, service marks, collective marks and three-dimensional marks may be registered for periods of ten years. Trademark rights allot a registrant the exclusive right to use a mark to designate a particular class of goods or services. Both civil and criminal sanctions are available for parties seeking redress against violators of their trademark rights.
In 2003, the United States and Chile signed the Free Trade Agreement (FTA). In the FTA, both countries commit to promoting a liberalized environment for e-commerce. The FTA recognizes the importance of trade in the digital age by including significant provisions on trade in digital products. Under the FTA, no custom duties are levied on digital products. The FTA ensures that electronic commerce will stay duty free and not be subject to any discriminatory rules.
No surprisingly, a France court just ordered eBay to pay over $61 million to a prestigious fashion company because counterfeited goods were sold on the auction site. France’s courts have consistently ruled against the sale of counterfeited goods in auction sites and online stores. Indeed, France vigilant protection of trademarks is not surprising because this country produces some of the most prestigious goods. France has a civil law system and trademark laws are found in “Le
Code de la Propri?t? Intellectuelle.” France’s trademark laws are considered complex compared to those in other countries.
Internet Business Law Services (IBLS), www.IBLS.com, has established Graduate Fellowships for E-Commerce law specialization in Masters in Law in International Tax and Financial Services offered by Thomas Jefferson School of Law, http://llmprogram.tjsl.edu/.
Started in 1998, the LLM Program remains the first and only one to offer graduate law degrees through an entirely online course of study at an American Bar Association (ABA) accredited law school. The student body adds an interdisciplinary element to the educational experience. Although individuals with law degrees make up roughly half of the student body, the other half is drawn from the fields of accounting, finance, economics and other
business disciplines.