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Digital Business Lawyer

Volume: 10 Issue: 11
(November 2008)


The EU Telecoms Council adopted measures designed to force internet service providers (ISPs) to monitor internet traffic, identify copyright offenders and disconnect repeat offenders, in a unanimous decision following a 27 November meeting on the EU's Telecoms Reform package. The measures, known as the 'graduated response' model, were proposed by the French government. / read more

While anticipated spend per head on Christmas gifts, food and socialising in the UK is down from £662 in 2007 to £655 in 2008, total online spending is expected to increase from £4.2 billion in 2007 to £4.7 billion in 2008 according to Deloitte's Retail Review 2008 Christmas Retail Survey, released on 18 November. / read more

The US National Association of Broadcasters (NAB) is concerned over a lack of consultation by the Federal Communications Commission (FCC) on its decision to open the 'white spaces' within the TV spectrum for use by wireless internet devices. / read more


While the EU Telecoms Council's proposals for amendments to the EU's Telecoms Package are well intentioned, the requirement that ISPs should be required to police their networks against illegal content is sure to be a topic for much debate before the European Parliament vote on the Package in April 2009. / read more

UK consults on EU consumer law overhaul
EU Commission issues amended Directive on communication services
Dates for your diary / read more

The European Commission has published its view of challenges that the digital economy will face in the near future and its proposed plan to tackle these challenges through encouraging deployment of faster broadband networks. Rob Bratby and Nick Root, of Olswang, examine the recommendations that the Commission makes for handling the rise of the Internet of Things. / read more

The Federal Communications Commission has issued rules on the opening of unused 'white spaces' within the television spectrum for use by wireless internet devices. Marc Martin and Christine Goepp Towberman, of K&L Gates, examine the arguments for opening the spectrum and the concerns of existing users about interference to their signals. / read more

China's State Administration of Taxation recently announced a tax levy on individual income made through virtual currency transactions, despite a February 2007 ban on the trading of virtual currency. Ping Chu, an Attorney at Sheppard Mullin Richter & Hampton, discusses the use of virtual currency in China, the State concerns that led to the 2007 ban and issues that the September tax has raised. / read more

While there is no precise definition of net neutrality, it is commonly understood to relate to non-discriminatory access for content providers to the internet. As technology develops, the opportunities for increased discrimination also grow. Rhys Williams and Carolyn Burbridge, at Bird & Bird, look at the particular effects that deep packet inspection technology may have on net neutrality. / read more

A new Bill tackling cyber crime in California will come into effect on 1 January 2009. Under Assembly Bill 86, California's current law pertaining to bullying has now been expanded to encompass bullying by electronic means. Assembly Member Ted W. Lieu, author of the Bill, details why it was necessary. / read more

President Bush has recently signed into law the Webcaster Settlement Act (WSA), which allows webcasters to avoid oppressive rates set by the Copyright Royalty Board for sound recordings used in webcasts by negotiating directly with SoundExchange, which represents the interests of copyright holders. Candidus Dougherty, an Adjunct Professor with Rutgers School of Law, details the history of regulations setting the royalty rates for sound recordings used in webcasts, and the implications that the WSA will have for webcasting. / read more

Copyright: 'Io Group, Inc. v Veoh Networks, Inc.'
Software patents: 'Symbian Ltd v Comptroller General of Patents'
Copyright: 'Cartoon Network LP v CSC Holdings, Inc (Cablevision II)' / 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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