9 11 November 2007

News:

ETNO, the trade body for Europe's national telecoms operators, has warned that proposed European Union telecom reforms, designed to improve competition in the telecommunications and broadband markets, would stifle investment in new highspeed networks.

French President Nicholas Sarkozy has backed plans to sever the broadband access of pirates who repeatedly share copyrighted files over the internet. The Ministry of Culture, content producers and Internet Service Providers (ISPs) signed an 'Accord for the development of the protection of works and cultural programmes on the new networks' on 23 November, at the Elysee Palace.

The Information Commissioner's Office (ICO) has launched a website advising young people on the safe use of social networking websites, after a survey highlighted their lack of awareness of privacy and data security issues.

Features:

The aim of the European Union's Telecoms Reform is to ensure that EU citizens get easier and cheaper access to a variety of better telecoms services, through freedom of choice.

The transitional provisions of the Data Protection Act have lapsed
ICO clears path for Bluetooth spam
Guidance on information sharing could reduce burden on business
Dates for your diary

The world today is changing very rapidly. The explosive growth of computers and electronic means of communication are expanding at such a rate that employers have not kept up with the procedures and policies that they need to adopt in order to ensure that these systems are properly used for the employer and are not abused by the employee.

Norwich Pharmacal orders can be used to force third parties to disclose the identity of a wrongdoer, however only if certain conditions are met. Ashley Hurst of Olswang explains these conditions, and discusses how they were applied in two recent cases involving internet users that had posted potentially libellous comments anonymously on the internet.

As the recent launch of Apple's iPhone illustrates, businesses launching new products and services continue to face threats posed by cybersquatters who register internet domain names based on an entity's brand to divert business, confuse consumers and commit fraud. Paul Garland, head of litigation at Kemp Little LLP, sets out the methods being adopted by cybersquatters to take advantage of brands, such as through the use of online contextual advertising, and the actions businesses can take to tackle the problem.

Derogatory remarks about teachers used to be confined to the playground and the toilet wall, however through sites such as YouTube, Bebo and RateMyTeachers, children have found a way of ensuring that derogatory remarks are available for all to see. Chris Keates, General Secretary of the National Association of Schoolmasters Union of Women Teachers, highlights its findings on the amount of cyberbulling that teachers are subject to, and suggests possible courses of action.

Legislation is currently under review that would create civil and criminal liabilities for US businesses and their employees who cooperate with 'internet restricting countries', such as the People's Republic of China, by storing or processing electronic communications, or 'personally identifiable information', using the internet. Michael Vatis, a partner in the New York office of Steptoe & Johnson LLP, explains that if the legislation is passed, it could raise conflict-of-laws issues for 'United States businesses' ­ a term which is broadly defined in the proposals.

Linden Lab, which operates Second Life, has blanket banned most forms of gambling, including bets on fantasy sports leagues, a form of betting exempt from US prohibitions on internet gambling. However, Linden's ban does not specifically prohibit betting on 'in-world' sporting events. Candidus Dougherty, adjunct professor at Rutgers School of Law in New Jersey, assesses whether such events could fall under the enforcement provisions of the Unlawful Internet Gambling Enforcement Act, and assesses any possible liability of Linden Lab.

Christopher Rees, Head of the Herbert Smith LLP Global TMT group and Dominic Callaghan, senior associate, provide an overview of the latest key developments in IT and eCommerce in the EU.

Domain Names: uwe GmbH v Telepathy, Inc.
Patents: 'Raytheon Company'
Internet Gambling: 'Puntocasino Ltd'