SLS Cyberlaw Section Program 2014

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The SLS Annual Conference Cyberlaw Section will meet at the East Midlands Conference Centre (adjacent to the Orchard Hotel) at the University of Nottingham this year. Here is the SLS Cyberlaw Section 2014 Program (Updated 9 September 2014). For general conference information, please visit http://conference.legalscholars.ac.uk/nottingham/2014-programme.pdf.

SLS Special Journal Edition in IPF 2014

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SLS Cyberlaw Section 2013 Special Edition, (March 2014) Journal of Intellectual Property Forum (IPSANZ) Issue 96, p.6-7; and p.18-69.

Faye Fangfei Wang, SLS Cyberlaw Section Editorial (2013): TechLaw Principles and Implementation Editorial Download

Graham Smith, Are TechLaw Principles Ascendency?

Sean Thomas, Sale of Goods and Intellectual Property: Problems with Ownership

Giacomo Pailli, Can Europe Learn from US E-discovery?

Andreas Rühmkorf, Ratemylegalrisk.com – The Legality of Online Rating Sites Relating to Individuals in Data Protection Law

Call for Papers 2014

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SLS Cyberlaw Section Call for Papers 2014
Thursday, 11 September – Friday, 12 September 2014
University of Nottingham, UK

This is a call for papers for the Cyberlaw section of the 2014 Society of Legal Scholars (SLS) Annual Conference to be held at the University of Nottingham. The SLS conference runs from 9th – 12th September 2014. The Cyberlaw Section is in Group B, being held on 11th and 12th September.

Papers in every discipline of law are welcome, including those reflecting the main conference theme ‘Judging in the 21st Century’. Topics include but not limited to: Electronic Contracts, Data Privacy Protection, New Tech Regulations, Online Dispute Resolution, Internet Jurisdiction and Applicable Law and Digital Intellectual Property Rights.

If you are interested in presenting a paper, please e-mail a proposed title and short abstract (Max 500 words) to me (faye.wang@brunel.ac.uk) by 31st March 2014 (please note that speakers have to register and pay the appropriate fees for the conference).

At last I am pleased to let you know that the third special journal edition of the SLS Cyberlaw Section will be published by the Journal of Intellectual Property Forum (IPSANZ) on 1st March 2014.

Official Source: http://sections.legalscholars.ac.uk/call-for-papers/call.cfm?id=30.

SLS Cyberlaw Section Abstracts and Papers 2013

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Abstracts and draft papers for the SLS Cyberlaw Section 2013 are now available at http://sections.legalscholars.ac.uk/section_homepage.cfm?id=30 until January 2014 when information is archived.

The general SLS conference program can be found at http://conference.legalscholars.ac.uk/edinburgh/programme.cfm.

The SLS Cyberlaw Section meets at St Trinneans in the St Leonard’s Hall St Leonard's Hall which is associated with the University of Edinburgh Pollock Halls of Residence. St Leonard’s Hall was designed in 1870 by architect John Lessels for the publisher Thomas Nelson. It is a rich example of the Scottish Baronial style.

SLS Cyberlaw Section Annual Conference Program 2013

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The Society of Legal Scholars (SLS) Cyberlaw Section Annual Conference Program 2013 is now available at
SLS Cyberlaw Section Schedule 2013 (Final Version)

The SLS conference registration is now open at http://conference.legalscholars.ac.uk/edinburgh/index.cfm via ‘Book Online’.

The conference rate can be found at http://conference.legalscholars.ac.uk/edinburgh/conference-packages.cfm.

Pre-conference Online Discussion 2013 (SLS Cyberlaw Section)

The SLS Cyberlaw Section Pre-conference Online Forum is open on the 15th March 2013. This forum is for scholars, practitioners and general public to share current development, new ideas and cutting-edge advances in the field of cyberlaw in preparation of the SLS Annual Conference Cyberlaw Section to be held at the University of Edinburgh on the 5th and 6th September 2013.

Graham Smith (Partner, Bird & Bird), one of the pioneer IT law practitioners will deliver a keynote on Are tech law principles in the ascendancy?.

‘Tech lawyers, from the earliest days of legislating for electronic transactions, have been advocates of technological neutrality and functional equivalence between online and offline. Are these principles now gaining wider acceptance? Graham Smith will discuss, with particular reference to recent decisions such as the Canadian Supreme Court Copyright Pentalogy, UsedSoft v Oracle in the CJEU and the UK Supreme Court in Meltwater.’

- Graham Smith, Bird & Bird, UK

Comments from any angle and discipline will be welcome. Please enter your views by ‘leaving a comment’.

Category 1: Digital IP Rights and Sale of Goods

‘In the current digital era, questions concerning the interrelationship of sale of goods law and intellectual property law have become particularly problematic. The English law of sale is still stuck in the age of the horse, and not the age of Amazon. The effect of potential growth in embedded and nano-technologies, as well as the impact of IPR pirates, trolls, and tyrants should therefore be analysed.’

- Sean Thomas, University of Leicester, UK

Category 2: Data Privacy Protection, Internet Regulation and ISP Liability

‘Big data (XL) is not just another incremental technological development. It is not just more of the same, but a new informational paradigm. Such new technological paradigm requires more than technical adjustments as the fuzziness of privacy theory renders this task a challenging one.’ Paper Download

- Michael Birnhack, Tel-Aviv University, Israel

Category 3: Online Dispute Resolution and Internet-related Disputes

‘The Irish Mediation Bill 2012 does not exclude the possibility of court referred or court ordered online mediation. This will require those who engage in online mediation to assess the mechanisms used as part of the process.’

- Lorraine Lally, The Bar Council of Ireland, Ireland

A full program will be available in due course.

News Update (March 2013)

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1.Court of Appeal decision on Tamiz v Google defamation case on 14 February 2013

‘The allegedly defamatory comments were posted between 28 and 30 April, soon after the initial blog of 27 April. By the very nature of a blog, they will have been followed by numerous other comments in the chain and, whilst still accessible, will have receded into history. As I have indicated, the earliest point at which Google Inc could have become liable in respect of the comments would be some time after notification of the complaint in respect of them. But it is highly improbable that any significant number of readers will have accessed the comments after that time and prior to removal of the entire blog. It follows, as the judge clearly had in mind, that any damage to the appellant’s reputation arising out of continued publication of the comments during that period will have been trivial; and in those circumstances the judge was right to consider that “the game would not be worth the candle”. I do not accept Mr Busuttil’s submission that various other features of the claim, including the fact that the appellant’s name is relatively uncommon and distinctive in this jurisdiction, undermined the judge’s conclusion.’

More information is available at http://www.bailii.org/ew/cases/EWCA/Civ/2013/68.html.

2. Cracking the Electronic Communications Code (UK)

‘On 28 February 2013 the Law Commission is recommending reforms that will bring the Electronic Communications Code (1984) up to date with modern technology while continuing to balance the rights of landowners and the public demand for modern communications services. The Code governs the legal relationship between network providers and landowners.’

The Commission’s report is available on http://www.lawcom.gov.uk.

More information is available at http://lawcommission.justice.gov.uk/.

3. Commission fines Microsoft for non-compliance with browser choice commitments

‘In March 2013 the European Commission has imposed a €561 million fine on Microsoft for failing to comply with its commitments to offer users a browser choice screen enabling them to easily choose their preferred web browser. In 2009, the Commission had made these commitments legally binding on Microsoft until 2014 (see IP/09/1941). In today’s decision, the Commission finds that Microsoft failed to roll out the browser choice screen with its Windows 7 Service Pack 1 from May 2011 until July 2012. 15 million Windows users in the EU therefore did not see the choice screen during this period. Microsoft has acknowledged that the choice screen was not displayed during that time.’

More information is available at http://europa.eu/rapid/press-release_IP-13-196_en.htm.

4. The New Legislation on Alternative Dispute Resolution and Online Dispute Resolution in the EU

‘On 12 March 2013, the European Parliament voted to support the new legislation on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR).’

More information is available at http://ec.europa.eu/consumers/redress_cons/adr_policy_work_en.htm.

5. The Submission for the Amendment to the Crime and Courts Bill in the UK

More information is available at http://www.publications.parliament.uk/pa/bills/lbill/2012-2013/0090/2013090.8-14.html.

Current Update – Response to the EC Public Consultation on Notice & Takedown Procedure 2012

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Response to Public Consultation on EU Notice & Takedown Procedure 2012 by Faye Fangfei Wang

Wang, F. (2012), Response to Public Consultation on Procedures for Notifying and Acting on Illegal Content hosted by Online Intermediaries (December 2012), Intellectual Property Forum, Issue 91, p.93-98. Paper Download

Abstract: The “notice and takedown” (NTD) system has been considered as indispensable measures to protect users’ rights against illegal content on online platforms. Such procedure places a considerable level of responsibilities on online intermediaries. This paper responses to the European Commission consultation in 2012 and discusses possible solutions to the challenges of the NTD procedures in the EU with some reference to the current practice in the US.

You are welcome to share your experience and insights with us by leaving a comment.

SLS Cyberlaw Special Journal Editions in IRLCT 2010 and 2012

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Wang, F. (2012), Special Issue – Current Developments in Cyberlaw (SLS Cyberlaw Section 2011), July – November 2012, Vol. 26, No. 2-3 International Review of Law, Computers and Technology, p.109-274; Editorial: – Current Developments in Cyberlaw (SLS Cyberlaw Section 2011), p. 109-111.

Contributors include: Faye Fangfei Wang, Jan Oster, W. Kuan Hon, Julia Hörnle, Christopher Millard, Sean Thomas, Uta Kohl, Christopher T. Marsden, Rebecca Wong, Marion Oswald and Michael Landau.

About: While technological innovation leads to improved accessibility, higher speed and capacity as well as added functions in computing, the deployment of new technologies unavoidably complicates existing legal issues. This special edition addresses key legal challenges in the cyber environment faced by business and individuals today and provides insights into the establishment of greater legal certainty with reference to the current practice in the EU and US. The edition is divided into two parts – “Papers” and “Reflection and Analysis” – that intend to strike the balance between academic debates and practical implications. It covers a wide range of topics such as data privacy protection, online defamation and electronic commercial transactions, which refer to different areas of law such as private international law, tort law and contract law. (More information is in the editorial.)

Wang, F. (2010), Special Issue – Cybercrime and Privacy (SLS Cyberlaw Section 2009), July 2010, Vol. 24, No. 2 International Review of Law, Computers and Technology, p.143-203; Editorial: Culture and trust in privacy information protection, p.143-144.

Contributors include: Faye Fangfei Wang, Nathan Griffiths, Adrian Bannon, Nicola Lugaresi, Audrey Guinchard, Moe Alramahi and Paulius Jurčys.

Call for Papers 2013

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SLS Cyberlaw Section Call for Papers 2013
Tuesday, 3 September – Friday, 6 September 2013
University of Edinburgh, Scotland, UK

(Issue date: 6 February 2013)

The Cyberlaw Section at the Society of Legal Scholars (SLS) is issuing a call for original research papers to be presented at the 2013 SLS Annual Conference. The conference will be held at the University of Edinburgh, Scotland, UK. The conference will run from 3rd to 6th September 2013 and the Cyber Section is in Group B, being held on 5th and 6th September. There will be an annual dinner on the 4th September 2013.

Papers in every discipline of law are welcome, including those reflecting the main conference theme, “Britain and Ireland in Europe, Europe in Britain and Ireland.” Topics include but not limited to: Electronic Contracts, Data Privacy Protection, Internet Statistics and Regulation, Cloud Computing, Service-oriented Computing and Beaming, Online Dispute Resolution, Internet Jurisdiction and Applicable law and Digital Intellectual Property Rights.

Papers and abstracts for the conference should be submitted to the following email address: faye.wang@brunel.ac.uk for the attention of

Dr Faye Fangfei Wang (SLS Cyberlaw Section Convenor), Senior Lecturer, Brunel Law School, Brunel University, London.

Review Procedure and Timeline
Abstracts submission deadline: Friday 15 March 2013 (within 300 words)
Abstracts acceptance notification: Friday 29 March 2013
Papers submission deadline (after the acceptance of abstracts): Wednesday 31 July 2013 (within 10,000 words) to be submitted to paper bank and subsequently the accepted papers will be considered in the Best Paper Prize competition. Authors are also welcome to indicate their interest in their papers being considered for publication in the International Review of Law, Computers and Technology or the Journal of Intellectual Property Forum (IPSANZ).

More information can be found at http://sections.legalscholars.ac.uk/section_homepage.cfm?id=30.

Please note that speakers have to register and pay the appropriate fees for the conference.

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