Authors


Jahankhani, Hamid (UK) and George, Carlisle (UK): Challenges of Identity theft in the information society

JOBODWANA, Z NTOZINTLE (South Africa): E-Commerce and Mobile Commerce (M-Commerce) in Africa: Regulatory Challenges

Lambrick, John (Australia): Piracy, File Sharing… And Legal Fig LEAVES

Le Métayer, Daniel (France) and Monteleone, Shara (France): Computer Assisted Consent for Personal Data Processing

Leal-Arcas, Rafael (UK, Spain): Is Lisbon the Answer or the Anathema to Trade Policy?

Leal-Arcas, Rafael (UK, Spain): The EU versus China and Russia: How to Cope with new Powers in Trade Matters

Lehloenya, Michael (South Africa): The Failed SACU-USA Free Trade Agreement in Hindsight: A Lost Opportunity or Disaster Averted?

Li, Grace (China, Australia): Understanding the Modern Chinese Contract Law and its Implications to Trading with China

Lin, Andrew Jen-Guang (Taiwan): The Accountability and Responsibility of Corporations—Examining Taiwan’s Securities Regulatory Reform on Corporate Disclosures

Liu, Yue (China, Norway): Property Rights for Biometric Information- protection measure?

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Challenges of Identity theft in the information society by Hamid Jahankhani and Carlisle George. Middlesex University.

 

 

 

 

 

Dr Hamid Jahankhani is the Head of the Department of Business Information Systems at the School of Computing Science, Middlesex University. He and his colleagues are pioneers in developing the context and frameworks for internationally recognised information security systems and computer forensics. With his own Masters and professional Doctorate in Information Security and Computer Forensics, Dr Jahankhani stresses the importance of education in order to arm and deliver the next generation of future experts to tackle our global security issues. Dr Jahankhani has consulted internationally on global information security issues, and is also the author of several influential articles published on the criminal investigation and forensics analysis of mobile devices. He is the co-Founder of VoICE (Victims of Internet Crime Europe), a non-for-profit organisation. He is the Editor-in-Chief of the International Journal of Electronic Security and Digital Forensics published by Inderscience and general chair of the annual International Conference on Global e-Security (ICGeS), www.icges.org. He also a member of the programme committee of the International Conference on Security, Cryptography Digital Forensics and Incident Analysis. He has edited and contributed to several books and has over 70 conference and journal publications.

 

 

 

 

 

Dr. Carlisle George is a lawyer and computer scientist. He is a Senior Lecturer in the School of Computing Science (Middlesex University, London, UK) and Convenor of the ALERT (Aspects of Law and Ethics Related to Technology) research group at Middlesex. Amongst several qualifications, he holds a masters degree (LLM) in Information Technology & Communications Law from the London School of Economics, and a doctorate (PhD) in Computer Science from the University of London (Goldsmiths). He has also been called to the Bar of England and Wales at Lincoln’s Inn (London) and the Bar of the Eastern Caribbean Supreme Court. His research interests in law and technology include: Digital Rights Management, Intellectual Property Law, Internet Law & Regulation, Ethics and Professionalism, Medical Informatics, and Data Protection. He is the author of many academic publications in information technology law and related areas. He is a member of the editorial board of the International Journal of Electronic Security and Digital Forensics published by Inderscience. He is also a member of several professional bodies including the Honourable Society of Lincoln’s Inn, The Society of Legal Scholars, The Society for Computers and Law, the Higher Education Academy and the International Federation for Information processing (IFIP) Working Group 9.2.

Abstract
Identify theft is a growing criminal phenomenon which presents a major threat to individuals, businesses, governments and society in general. It can greatly affect the privacy, security and financial well-being of its victims. The growth of this criminal activity has been easily facilitated by the increasing reliance on technology and a global information and communications infrastructure. Consequently it is a prevalent form of cybercrime and causes concerns for the continued use of the internet for electronic commerce and social networking. This paper discusses identity theft with a view to assessing its impact, legislative responses to it and challenges that it brings. The paper argues that greater understanding and awareness of identity theft needs to be created, and that Internet usage requires laws and regulatory authorities, which should span across national boundaries and legal systems. Effecting such laws will require international treaties and conventions between nation states, and the active participation of the international digital community to safeguard the Internet worked information society.

 

E-COMMERCE AND MOBILE COMMERCE (M-COMMERCE) IN AFRICA: REGULATORY CHALLENGES by Z NTOZINTLE JOBODWANA, Univerrsity of South Africa.

Z NTOZINTLE JOBODWANA (B.A (Law), University of Fort Hare, Alice, South Africa; M.A Hons. (Law), University of Wollongong, New South Wales, Australia) is presently the Deputy Head of Department, Department of Public, Constitutional and International Law, College of Law, University of South Africa. He is also the founder member of the ANC (South Africa) Constitution Committee, and its first Secretary, founder member of the United Nations Human Rights Education University Network, Sao Paulo, Brazil, founder member of the Centre for African Renaissance Studies (CARS), University of South Africa and   served  as ANC (SA) representative in the United Nations Observer Mission, UN Human Rights Commission, and UN Law of the Sea Conferences.

Abstract
E-commerce refers to all forms of commercial transactions that involve individuals and organizations based on the electronic processing and transaction of data. Mobile commerce (m-commerce), has emerged as a complement or an alternative to e-commerce as originally conceived. M-commerce is the buying and selling of goods and services using mobile telephones or personal digital assistants (PDA). The reforms that are being introduced in the African telecommunications sector now focus on mobile telephony and mobile commerce (m-commerce) will grow and complement e-commerce. Despite advances in e-commerce activities in Africa,  the growth of e-commerce has been slow. Impediments include low levels of internet penetration and limited communication infrastructure. Countries, including the European Union and the United Nations have recognized that differing national provisions relating to electronic commerce can cause partitioning of the market and barriers to entry. To meet this problem, the UN adopted through the UN Commission on International Trade (UNCITRAL), Model Law on E-Commerce. Courts of law in many jurisdictions are grappling with and addressing issues of internet transactions as affecting the whole area of conflict of laws. The jurisprudence is still uncertain but developing. Notable also is that the number of online consumers has grown and, as e-consumers increase in bigger numbers in Africa, so will also be the fears for information privacy to increase. The question of privacy is essential from the business point-of-view. Africa is a continent where least developed countries are in the majority, therefore there is a need for more effective consumer protection laws, harmonized with those of Africa’s international trading partners. This paper discusses the role of e-commerce in Africa and whether m-commerce is an alternative or complementary. Recommendation are suggested as to how to improve the regulatory framework and create an environment conducive to investment and economic development.

 

Piracy, File Sharing… And Legal Fig LEAVES by John Lambrick, RMIT University.

Lehloenya

 

 

 

 

John Lambrick is the General Counsel at RMIT University (formerly known as Royal Melbourne Institute of Technology), Melbourne Australia.  The position involves the provision of a wide range of legal services to the University .  Being a technology-orientated university , John’s practice has a heavy emphasis on information technology law and intellectual property law .RMIT University has a significant interface with industry, and provides a range of services to industry on a commercial basis including information technology services.  Since joining RMIT University, John has been involved in University projects including software development and distribution, technology spin-offs, web site development, information technology policy , on-line course development in respect of RMIT University courses and on-line publishing by RMIT University’s publishing arm.John holds a Bachelor of Arts and Bachelor of Laws from Monash University and holds a Master of Laws from the University of Melbourne.

Abstract

Peer to Peer (P2P) platforms have been very effective in allowing the transmission of large, bandwidth-intensive files (such as music and video) over the internet. Many such platforms are open source, and have been established by various operators as systems for the unauthorised distribution of copyright protected content.

In addition to civil (and often criminal) liability faced by persons establishing P2P platforms for the unlawful distribution of content, an end-user who downloads copyright protected content from an unauthorised site risks civil action by the copyright owner for breach of copyright by making an unauthorised copy of the file.

The paper will look at the significant growth in P2P file sharing and its role as a medium for copyright piracy. The paper will examine:

  • How P2P file sharing facilitates internet piracy.
  • The effect of case law, and legislative changes which have taken place in an attempt to deter illegal distribution of copyright material  through P2P platforms.
  • The effectiveness of strategies adopted by rights holders in an attempt to reduce unauthorised file sharing.
  • Protection measures available both for copyright owners seeking to avoid having their work illegally copied , and also third parties (such as ISPs and content hosts) who may unknowingly become involved in the distribution of such material
Computer Assisted Consent for Personal Data Processing by Daniel Le Métayer and Shara Monteleone. INRIA, France.
 

Daniel Le Métayer is the  Research Director at INRIA (the French National Institute for Research in Computer Science and Control) and head of a new initiative called LICIT for "Legal Issues in Communication and Information Technologies". The main goal of LICIT is to foster interactions between research activities in law and ICT. LICIT has launched several multidisciplinary projects on issues such as privacy and software liability.

Daniel Le Métayer has been involved in various international projects on IT security, software design and analysis, testing, etc. He has also served on programme committees of many IT international conferences (ESOP’2001, IEEE/ACM ICSE’99, IEEE/ACM ICSE’00, ACM FSE’98, SAS’97, etc.) and has been the PC chairman for the European Symposium on Programming (ESOP’2002) and the Second International Conference of Coordination Languages and Models. He was also the editor of special issues of computer science journals such as ACM Transactions on Software Engineering and Theoretical Computer Science.


 

 

 

Shara Monteleone graduated from the Law Faculty of Florence (Italy) and holds a PHD in Law and Technologies of the Media Integration and Communication Centre (MICC) of Florence in 2007. Currently post-doc researcher at INRIA (Grenoble, France) working in the PRIAM project (Privacy Issues in Ambient Intelligence), Shara Monteleone has conducted researches in Information and Media Law, with special attention to Privacy and Data Protection issues. As university lecturer, Shara Monteleone has taken part in several European projects including a project for a “Support to the reform of Serbian media legislation towards UE standards and strengthening of legal and technical skills of media professionals” under the Cards Programme (2004/2005). Other research interests include copyright law and computer forensics. Shara Monteleone has published various articles on these topics and participated as speaker in national and international conferences.

Abstract
The changes imposed by new information technologies, especially pervasive computing and the Internet, require a deep reflection on the fundamental values underlying privacy and the best way to achieve their protection. The explicit consent of the data subject, which is a cornerstone of most data protection regulations, is a typical example of requirement which is difficult to put into practice in the new world of “pervasive computing” where many data communications necessarily occur without the users’ notice. In this paper, we study the legal implications of the use of “Privacy Agents” to make privacy right protection more effective. We consider successively three aspects of consent – its nature, its essential features (qualities and defects) and its formal requirements, and we draw the lessons of this legal analysis for the design of valid Privacy Agents. To conclude, we suggest an implementation of these requirements developed in PRIAM,  a multidisciplinary project involving lawyers and computer scientists.
Is Lisbon the Answer or the Anathema to Trade Policy? by Rafael Leal-Arcas, Queen Mary University of London.

Dr Rafael Leal-Arcas (PhD, MRes (EUI), JSM (Stanford), LLM (Columbia), MPhil (LSE), BA, LLB (Granada)Barrister & Solicitor (Madrid), Senior Lecturer in International Economic Law and EU Law) is Deputy Director of Graduate Studies, Queen Mary University of London. Rafael has acted as a consultant to the World Trade Organization's legal affairs division, has served in the United States Court of International Trade (Chambers of Judge Pogue), and has clerked at the European Court of Justice (Chambers of Advocate-General Kokott) as well as the Court of First Instance of the European Communities (Chambers of Judge Lindh).

Abstract
The Lisbon Treaty tries to improve in efficiency and accountability in trade policy-making. This Article recognizes the validity of the EU Member States’ misgivings about giving too prominent a role to the Commission. Have we now reached after the Lisbon Treaty reforms an adequate institutional balance in EC trade policy?

 

The EU versus China and Russia: How to Cope with new Powers in Trade Matters by Rafael Leal-Arcas, Queen Mary University of London.

Lehloenya

Dr Rafael Leal-Arcas (PhD, MRes (EUI), JSM (Stanford), LLM (Columbia), MPhil (LSE), BA, LLB (Granada)Barrister & Solicitor (Madrid), Senior Lecturer in International Economic Law and EU Law) is Deputy Director of Graduate Studies, Queen Mary University of London. Rafael has acted as a consultant to the World Trade Organization's legal affairs division, has served in the United States Court of International Trade (Chambers of Judge Pogue), and has clerked at the European Court of Justice (Chambers of Advocate-General Kokott) as well as the Court of First Instance of the European Communities (Chambers of Judge Lindh).

Abstract
This paper analyzes the potential of partnerships of the European Union (EU) with China and Russia. The scope of analysis will be the EU vis-à-vis these countries, using three types of trade liberalization: unilateralism, bilateralism/regionalism, and multilateralism. The paper argues that the EU’s objective of engaging with China and Russia is to establish peace, security, and prosperity in the XXI century. The paper concludes that, although the EU does want cooperation with both countries, using trade policy as a “carrot” in a policy centered approach does not have much scope beyond current existing efforts. The European Commission’s Directorate-General for external trade is already very active. So few new initiatives seem possible.

The Failed SACU-USA Free Trade Agreement in Hindsight: A Lost Opportunity or Disaster Averted? by Michael Lehloenya, University of South Africa.

Lehloenya

Mr. Michael Lehloenya is a senior lecturer in corporate law at the University of South Africa, in Pretoria, South Africa. He was previously a lecturer at Rhodes University and the University of the Free State, both in South Africa. He has also worked as a magistrate in Lesotho. Mr. Lehloenya holds an LLM (in international trade law) from the University of Pretoria and is studying toward his LLD with the University of the Free State. He has published number of articles on both international trade law and corporate law.

Abstract

Called off while still under negotiation, the likely impact of the failed SACU-USA Free Trade Agreement (FTA) will probably never be known for sure. Diverse opinions abound regarding the possible benefits and disadvantages of this would-be pioneering pact between a developed country and a group of developing countries. It is argued in this paper that there is no clear-cut answer to this complex question and that the implications of the agreement would depend largely on its specific content and the extent to which it accommodated the interests of all concerned. To determine how the agreement would have affected SACU in particular, several existing FTAs between the USA and other countries, all of which bear striking similarity, are examined. The paper also explores the significance of SACU’s refusal to endorse what it perceived to be an unfavourable agreement and what this means for the future of trade between Africa and the West.

Understanding the Modern Chinese Contract Law and its Implications to Trading with China by Grace Li, University Technology Sydney (UTS).

Grace Li is a lecturer at the Faculty of Law, University Technology Sydney (UTS). Grace graduated from Central South University of Political Science and Law (Hunan, China) with First Class Honours in her LLB. She has completed a Graduate Certificate of Business Administration and an LLM from UTS, and is currently undertaking her PHD in Law. She also published articles in various refereed law journals and presented at a number of national and international conferences.
Abstract
In this essay, I will briefly introduce a recent history of the development of the Chinese contract law to set a context of discussion. I will then analyse various specific elements of the Chinese contract law in detail by comparing with the Law of Contract in the Common law tradition as well as with UNIDROIT 2004. The implications to trading with China are demonstrated in the course of this analysis together with suggestions and possibly resolutions to the practitioners from other jurisdictions. In the end, a conclusion is reached and claims that – one of the most important things in trading with China is to understand what the law is, particularly what the contract law is. However, it might be far more important to know the people who know what the laws are and how the laws work in their own ways.
The Accountability and Responsibility of Corporations—Examining Taiwan’s Securities Regulatory Reform on Corporate Disclosures by Andrew Jen-Guang Lin, National Taiwan University College of Law.

 

 

 

 

 

 

 

Dr. Andrew Jen-Guang Lin, Associate Professor of Law, is currently a full-time faculty of National Taiwan University College of Law. He earned his Bachelor of Law degree (LL.B.) from Soochow University School of Law, Taipei, Taiwan, in 1987; Master of Law in International Banking Law Studies (LL.M. in International Banking Law Studies) from Boston University School of Law, in 1991; Master of Law (LL.M.) from Duke University School of Law, in 1992; Doctor of Juridical Science (S.J.D.) from Duke University School of Law in 1997. Professor Lin was a Special Staff Editor of Duke Journal of Comparative and International Law, and is currently Deputy Chief Editor of NTU Law Review, and Editor of the Asian Journal of Comparative Law (http://www.bepress.com/AsJCL). After returning to Taiwan in 1998, he taught at Shih Hsin University School of Law as a full-time faculty and taught at Soochow University School of Law as an adjunct faculty. He joined National Taiwan University College of Law as a full-time faculty in August 2003. Currently, he is also a director of the Securities and Futures Investors Protection Center, established according to the Securities and Futures Investors Protection Act in January 2003.Professor Lin teaches Corporate Law; Securities Law; Banking Law; Anglo-American Contract Law, Financial Law, Seminar on Comparative Corporate Laws, and Seminar on Enterprise and Financial Laws of Emerging Markets. His recent research focus is related to “corporate governance,” “Corporate Liability,” “Civil Liabilities of Fraudulent and Misleading Financial Reports,” and “Investor Protection Law.”

Abstract
Shareholders and investors make their investment decisions primarily based on corporate disclosures. However, if a corporation makes false disclosures, what kind of remedies can investors pursue and what legal liabilities should be imposed on the corporation and those who involve in the wrongdoings? We have been seeing many corporate scandals involving illegally cooking the accounting books around the world. The issue is whether there have been effective mechanisms to prevent the happening of corporate scandals, particularly making fraudulent disclosures. Many articles relating to corporate governance have emphasized on the enhancement of internal monitoring mechanisms, such as introducing independent directors and audit committees. However, it is equally important to impose adequate legal liabilities when companies publish fraudulent or misleading information and when corporate insiders engage wrongdoings. This article will discuss the securities law reform in Taiwan regarding corporate disclosure in 2006 and examine whether it has imposed adequate liabilities on responsible persons. Issues arising from the securities reform regarding corporate disclosure will also be identified and discussed.
Property Rights for Biometric Information- protection measure? by Yue Liu, University of Oslo.

Yue Liu is a PhD research fellow at the Norwegian Research Center for Computers and Law in University of Oslo. Her Current research focuses on the biometric technology and privacy protection issues. She is also interested in other legal issues related to RFID, smart card, digital evidence, genetic information, and intelligent agent etc. Liu is admitted to the National Bar of China. Her education includes an LLM in technology and Law from Stockholm University and MA in international human rights law from Oslo University with first class honor. She received her LLB from Sichuan University, China. She was a legal consultant for the China National Petroleum Corporation and an attorney in a law firm. She has published several articles on her interested topics in various refereed journals and presented at a number of international conferences and seminars.

 

Abstract
This paper investigates the validity of the argument for using property rights as a protection measure for biometric information. Taking a neutral view, the paper discusses the possible justification, practical value and legal basis for such an approach. Different views from both sides are evaluated and analyzed.  It proposes that the property right approach may find legal basis in both EU and US jurisdictions, however, the practical value for the property right approach varies in different legal regimes, and the enforcement for this approach still needs further research.