PLS 780Week 10

Tonight

• International issues in internet law• Governance, jurisdiction and self-regulation• International trademark• International copyright• Business methods patents and trade secrets in an

international context• International contracts• Global regulation of securities• Global privacy issues• Data security and global internet crime

Who governs global internet activities?

• Jurisdiction in an international context is complex and confusing even without factoring in issues of cyberspace

• Preference for national enforcement (Territoriality principle, nationality principle, effects principle)

• Can there be a global court that governs internet activities? Should there be?

European Union as a Model

• Brussels Convention bases jurisdiction on defendant’s domicile—simple and clear

• Brussels Regulation followed specifically with regards to e-commerce in the EU allows domicile to be extended to any business or organizations business activities (beyond a non-passive website is standard)

Self-Regulation

• Despite the model presented by EU and the Brussels Regulation self-regulation is likely to be the norm for global internet jurisdiction and dispute resolution

• Why? What role does technology play in this?

International Trademark

• Critical to global internet law—Why?• Word Trade Organization and treaty law play an

enormous role here • Includes domain name disputes• Madrid Protocol most important: Establishes a

single international trademark application and registration system managed by WIPO

• Infringement litigated in ICJ/CTM courts; Enforcement of judgments always a barrier

International Copyright

• Berne Convention is the most important international agreement here; Signers agree to enforce copyright of original holder’s and their country’s law regarding protection of literary works

• European Community has enhanced protections via the EC Electronic Commerce Directive which extends liability for copyright infringement to ISPs; Good or bad policy?

Business Methods Patents and Trade Secrets

• Conflicting view of business methods patents outside of the US; Most countries don’t find these enforceable bc they aren’t patentable

• Only remedy is to block importation of goods that infringe on trade patents or violate trade secrets law

Global Contracts

• UNCITRAL model law of e-commerce• Uses general principles in order to create legally

binding online contracts and agreements between international parties

• Limited to commercial agreements only• Set of principles with no substantial enforcement,

liabilities or remedies outlined

Global Securities Law

• Movement of capital online represents substantial challenges

• Mostly self regulated by trade organizations that represent stock markets and securities commissions from home countries

• Is this a business problem or a problem of national interest? Should governments get involved here beyond regulating the flow of capital within their borders? What should the SEC, for example, do?

Global Privacy

• Countries and societies have different standards of what is acceptable; How can these varying degrees of what is an acceptable level of protection/invasion be managed on a global scale? What role should international agreements and law play in making it easier for companies like Google or Yahoo! do business?

Global Cybercrime

• The ICJ tries defendants (mainly governments) who commit human rights violations and global crimes against humanity on a large scale; But what about cybercrimes?

• How should global cyber crimes be handled?