4 5 May 2002

News:

ICANN, the organisation responsible for the management of the internet’s naming and address allocation systems, is set to vote on major reforms at its next Board meeting on 24-28 June 2002 and to implement the new structure by the end of 2002.

US Federal District Judge Florence-Marie Cooper stayed on May 15 a court order which would have required digital video recorder manufacturer SonicBlue to track the viewing habits of individual users. SonicBlue and its Replay 4000 DVR are at the centre of a legal battle with Paramount Pictures and a number of TV and film studios.

The US Court of Appeals, Third Circuit backed the FBI seizure of $1,324,156 of funds from a New Jersey firm that was acting as an intermediary for a UK registered company that accepted bets from the Unites States.

Features:

The old retail mantra, location, location, location, has gained a new currency with the web.

Competitive advantage can be lost or found through the choice of the right jurisdiction. Sometimes these advantages are almost accidental. For example, AOL in the UK has not had to charge VAT to consumers from its launch as a result of its service being supplied from the US. Meanwhile UK-based competitors such as Freeserve have had to charge VAT from their very inception for providing an identical service.

As of today, the law does not single out SMS for much regulation. The Data Protection Act 1998 and the Telecommunications (Data Protection and Privacy) Regulations 1999 have to be considered but there is not much else. However the Electronic Commerce Directive will soon become law in the UK and the draft Electronic Communications Directive is expected to be finalised in the near future. These will add a considerable regulatory burden to commercial organisations using SMS.

The UK Government’s Communications Bill implements the radical plans contained in their White Paper A New Future for Communications. This article looks at the new regulator, the treatment of internet content under the Bill and the new regulatory regime for the networks that power the internet.

The internet provides an unprecedented opportunity for individuals to share information and air their views. However, the ability for information to reach a large number of people and organisations all over the world with ease brings with it the potential risk that such information could be illegal or infringing of the rights of others. Could those who host websites be liable for such information even though they do not and cannot easily control its content?

On 12 February 2002, the Council of Ministers of the European Union informally adopted a proposed directive which, if formally adopted, would amend Article 9 of the Sixth Council Directive 77/388/EEC by including provisions governing radio and television broadcasting services and electronically supplied services. This article considers the provisions relating to electronically supplied services only and in particular in relation to Internet Service Providers.

A new regime designed to promote the use of e-money came into force in the UK on 27 April. But with stringent compliance rules for issuers and a range of alternative digital payment systems grabbing the headlines, will e-money catch on?

Since the terrorist attacks of September 11, the world insurance market has been dramatically affected by the vast number of claims which were subsequently made. The catastrophic losses, estimated at over $48 billion, are being shared by insurers around the world and are inevitably restricting available cover and driving premiums upwards.