9 1 January 2007

News:

Court action will be initiated by the Norwegian Ombudsman if Apple does not implement changes to its controversial 'FairPlay' Digital Rights Management (DRM) technology by September.

US Senators Byron Dorgan (Democrat, North Dakota) and Olympia Snowe (Republican, Maine) introduced the Internet Freedom Preservation Act (S.215) on 9 January.

HM Treasury will consider taxing income earned in virtual world currencies, if it is transferred into real world goods.

Features:

Picture an internet world where rather than using a browser to go online, you log into the virtual world of your choice, meet with virtual friends, share favourite music and visual shows, visit some virtual shops, ordering goods to be delivered to your real world home.

Waste Electrical and Electronic Equipment Directive come into force
CDMS survey concludes businesses still breach email privacy laws
Online advertisers benefit from increase in online multiplayer games
European Commission delays new rules on copyright levies
Transport for London and Barclaycard agree new smart card
Dates for Your Diary

A recent court decision in Brazil highlighted difficulties with removing user-generated content, even when web 2.0 companies attempt to comply with court orders for removal. Kiran Sandford, partner and head of IT group at Mishcon de Reya, highlights the jurisdictional and practical challenges for web 2.0 companies in policing user-generated content generated across national boundaries.

The Computer Misuse Act was not originally designed to deal with Denial of Service attacks and recent case law has exposed its frailties in dealing with them. New legislative provisions under the Police and Justice Act 2006 are designed to ensure that the CMA is equipped to deal with DoS attacks. John Worthy and Martin Fanning, of Denton Wilde Sapte, examine the key changes under the PJA and the impact that they are likely to have.

On 29 December, European Union measures designed to tackle cross-jurisdictional fraud, the Consumer Protection Co-operation Regulations, came into force. Samantha Thomas, a solicitor with ASB Law, examines how the regulations will be implemented across member states and the added protection that they will give to consumers and business.

Senate Bill 215, which contains conditions on carriage neutrality not present in the Federal Communications Commission's policy statement on Net Neutrality, has been introduced. Marc S. Martin, Henry L. Judy and Benjamin J. Oxley, all attorneys with K&L Gates, discuss aspects of the Bill, its likelihood of being signed into law, and examine precautions that companies could take ahead of possible legislation.

Second Life recently created its first millionaire and has attracted ABN Amro and Wells Fargo to open virtual outlets. The financial capital invested by users in some virtual worlds is comparable with the GNP of some countries. In October, the Joint Economic Committee of the US Congress announced it would examine taxation and its application to virtual economies. David Birch, director, Consult Hyperion, examines the regulatory issues.

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.

Privacy: Niema Ash & another v Loreena McKennitt and et al
Data Security: UK High Court [2006] EWCH 245 (Comm)
Copyright: Jerry Leiber, et al., v Consumer Empowerment BV, et al