8 10 October 2006

News:

The ongoing dispute over whether the US government maintains too much influence over the internet has been brought to the fore at a UN internet summit.

The Information Commissioner's Office (ICO) wants jail terms for people that unlawfully access the NHS Care Records Service database, currently being developed by NHS Connecting For Health as part of delivering a NHS National Programme for IT.

Leading online businesses, blue chip companies and their advisors will attend E-Commerce Law & Policy's Special Briefing on Web 2.0: Business Opportunities and Legal Challenges, which is being held in London on 4 December 2006.

Features:

Code on 'Advertising and Marketing Communication Practice' published
US and ICANN agree new contract
Binding Corporate Rules
Distance Selling Guidelines amended
Dates for your diary

The evolution of the internet continues apace. The spread of broadband and the emergence of 'Web 2.0' have made the net the essential thread which holds together the fabric of our lives both professionally and socially.

In 2006, the UK Podcasters Association (UKPA) successfully campaigned for the exclusion of podcasting (and similar internet content) from the revised WIPO Broadcast Treaty, teaming up with the Irish PodRepBod, the German Podcastverband, the Open Rights Group in the UK and the Electronic Frontier Foundation (EFF) in the USA. The reasons for the campaign were many, but in essence, it came down to rights.

Despite the recent deal settling the level of royalties that composers and representatives will receive for digital music downloads over the next three years, the industry still faces commercial challenges from piracy, user-generated content and hardware issues in the UK. John Enser, a partner at Olswang, examines these developments through the results of the recent Digital Music Survey 2006.

A case brought by e360Insight against UK software company Spamhaus, which had listed the Chicago-based bulk e-mailing company as a spammer, raised questions about whether a US court had jurisdiction over an internet site operating in the US, however with no physical presence there. Hubert Best and Martin Soames, of Best & Soames, consider the implications of the case.

The recent 'Hutchison 3G' case, involving the assessment of market power of a mobile operator, is noteworthy for various reasons. First, it explores competition law issues of otherwise dominant suppliers and secondly, more importantly, the decision has direct implications for UK regulator OFCOM and its regulatory role. Simon Muys, a lawyer at Olswang, examines the case.

Australia will shortly revamp its national copyright law, with regulation of technical protection measures being a central focus. Carolyn Dalton and Ishtar Vij of the Sydney office of Minter Ellison Lawyers, examine the Bill's provisions.

Christopher Rees, Head of the Herbert Smith LLP Global TMT group and Dominic Callaghan, senior associate, provide an overview of the latest key developments in IT and eCommerce in the EU.

SPORTS STATISTICS: CBC Distribution v MLB
DEFAMATION Sunderland Housing Company v Baines & others
DATA SECURITY: 'Yahoo BB!' Osaka district court