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Digital Business Lawyer

Volume: 1 Issue: 11
(November 1999)


News

Last month domain name registrations in the UK continued to soar with 106,298 new .uk registrations with Nominet UK, the .uk registrar. / read more

A Privacy Code of Conduct is set to be launched by the International Commerce Exchange (ICX) at a meeting attended by Data Protection Commissioners from several European countries on December 15 in the Hague in the Netherlands. / read more

A ruling which has already created unease amongst European e-businesses is a decision by the California State Court to grant an injunction to eToys.com. the leading US online toy retailer against the use of the domain name etoy.com, by a long established art web site based in Zurich Switzerland. etoy.com was launched in 1994 some years before eToys.com. / read more

The EU Council of Ministers has agreed a common position on the e-commerce directive despite fears that disagreements would delay a decision. / read more


Features

The concept of e-commerce is simple, the application is not. Successful .com businesses are built on a web of relationships, between content providers, technology companies. Internet Service Providers, Applications Service Providers, suppliers of physical or digitised product and of course the consumer. / read more

The Chief Executive of UBS, Europe's third largest bank has called for the development "of a truly pan-European financial regulatory landscape" to enable European banks to take full advantage of e-commerce. / read more

The New York State Court of Appeal in its most significant internet ruling so far decided last week (December 2) that an Internet Service Provider’s (ISP) role in transmitting e-mails ‘is akin to that of a telephone company …in this respect an ISP like a telephone company is just a conduit.’ / read more

The argument over country of origin law applying to consumer e-commerce has become too heated. The opposing camps are taking entrenched positions on a subject which in the vast majority of cases will be of little relevance. Thereby they threaten not only the single market, but the development within the community of consumer e-commerce transactions. / read more

Legislation is often blamed for not keeping pace with technological developments. However, both Conservative and Labour Governments have attempted to overcome this problem by taking steps towards passing legislation aimed at providing legal certainty for e-businesses. Unfortunately, although the text of the future Electronic Communications Act 2000 has now hit the House of Commons, its content is the result of frantic lobbying which has reduced much of its original and ambitious scope. / read more

Successful .com businesses are built on a web of relationships, between content providers, technology companies, Internet Service Providers, Applications Service Providers, suppliers of physical or digitised product and of course the consumer. In this article we examine the relationship of web site owners and content providers. / read more

Digital Rights Management (“DRM”) generally refers to the use of technical means to ensure that digital information is used only in accordance with electronic agreements among users and rightsholders. This brief note explains certain capabilities of leading edge DRM technology now in the marketplace that seem most relevant to those practicing law. In discussing DRM features, I will use InterTrust’s (www.intertrust.com) DRM software as the example since I am most familiar with their offerings, having been until recently a senior officer of that company. / read more

On 26 November, the Government published Electronic Commerce: The UK’s Taxation Agenda (available on www.inlandrevenue.gov.uk). It is an excellent summary of the difficulties facing governments, but a little short on solutions. This is not surprising. / read more

New privacy laws which come into force in March 2000 look set to have a significant effect on the collection and use of certain types of information. Companies have become increasingly interested in collecting and analysing information on customers and potential customers. This has become increasingly important in the context of e-commerce where the collection and analysis of customer information is viewed as an extremely valuable commodity. Much of the value in new e-commerce companies is in the data which they hold and may use and sell on for marketing purposes. However, the new laws may affect the way in which companies collect and use personal information. / read more

E-Commerce Law & Policy, the e-commerce newsletter for lawyers launched in February this year, gives you:

• The latest regulatory and legislative developments.

• Interpretation and analysis of the latest Judgments.

• Incisive analysis of the legal problems -and their solutions - in conducting e-commerce, by top legal experts from private practice and in-house counsel. / read more

A flurry of Net litigation has seen net companies pitted against one another in a range of patent and copyright disputes. Topping the bill was an injunction gained by Amazon.com against competitor bn.-com, Barnes & Nobke’s site over the use of its “1-click” technology for Web purchasing. / read more

"Co-regulation" of the internet is the theme of the European Union's Telecommunications Commissioner Ekki Likanen. :"We should have regulation where it's necessary and where it's not necessary we can trust self regulation", said Likanen. / read more

The Department of Trade and Industry has published a set of draft regulations to implement the 1997 EU Directive on distance selling (see http://www.dti.gov.uk). The proposed regulations are the first attempt to regulate unsolicited commercial e-mails (also known as “spam”) in the UK, although they will also affect overseas senders of marketing e-mails targeting UK consumers. / read more


About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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