IBLS INTERNET LAW - NEWS PORTAL

Internet Law - Does the US CAN-SPAM Act Preempt Spam-Related State Regulations?

Wed, 6 Feb 2007 16:33:00 GMT

Decisions in several United States ("US") federal cases suggest that the US CAN-SPAM Act does not preempt spam-related state regulations. State universities and other government institutions across the US have implemented anti-spam policies and adopted spam-blocking systems. Spam-blocking systems are commercial or specifically-designed software developed to block unsolicited commercial e-mails. Blocking spam has not been considered a violation of the Freedom of Speech under the US Constitution. Further, some private networks, following their in-house IT policies, may inadvertently provide differential treatment when blocking unsolicited e-mails. This differential treatment of spam has not been considered a violation of the Equal Protection clause. These three issues, the preemption clause of the CAN-SPAM Act, the First Amendment Freedom of Speech, and the Equal Protection Clause, have been considered in the context of state anti-spam actions. [More..]

Internet Law - IBLS Graduate Fellowships for E-Commerce Masters in Law

Wed, 6 Feb 2007 16:33:00 GMT

Internet Business Law Services (IBLS), www.IBLS.com, has established Graduate Fellowships for E-Commerce law specialization in Masters in Law in International Tax and Financial Services offered by Thomas Jefferson School of Law, http://llmprogram.tjsl.edu/. Started in 1998, the LLM Program remains the first and only one to offer graduate law degrees through an entirely online course of study at an American Bar Association (ABA) accredited law school. The student body adds an interdisciplinary element to the educational experience. Although individuals with law degrees make up roughly half of the student body, the other half is drawn from the fields of accounting, finance, economics and other business disciplines. [More..]

Internet Law - Do Internet Licenses Constitute a 'Possession' under Art. 1 of the EU Convention on Human Rights?

Wed, 6 Feb 2007 16:33:00 GMT

Yes, according to a recent decision by the European Court on Human Rights, Internet licenses constitute 'a possession' under the meaning of article 1 of the European Union ("EU") Convention on Human Rights. This decision was rendered on April 8th, 2008, when the Government of Moldova arbitrarily invalidated 2 Internet licenses held by a Moldovan company- supposedly the biggest Internet company in that country. After being defeated in the national courts, the Moldovan company filed a complaint before the European Court on Human Rights alleging violation of art. 1 of the Convention on Human Rights; and this Court has finally ruled on its favor. Following, there is a brief recount on this interesting EU/internet related case. [More..]

Internet Law - Copyrighted Material v. University-Provided Digital Copies.

Wed, 6 Feb 2007 16:33:00 GMT

This could be one of those IP-IT (Intellectual Property- Information Technology) land-marking cases in the United States ("US"): Oxford University Press, Cambridge University Press, and SAGE Publications, supported by the Association of American Publishers (hereafter "the Publishers"), have sued Georgia State University ("GSU") for copyright infringement. The Publishers claim GSU is infringing upon their copyrights by providing digital copies of the Publishers' courses to GSU students. [More..]

Internet Law - VALUATION AND TAXATION OF SOFTWARE

Wed, 6 Feb 2007 16:33:00 GMT

Valuation of software serves various purposes, including those related to taxation. The manner of valuing canned software, customized canned software and embedded software differs. The seller or licensor of the software is obligated to collect tax from the purchaser or licensee of the software and remit the same to the taxing authority. This includes software purchased or licensed and delivered online. [More..]

Internet Law - ELECTRONIC SIGNATURES UNDER U.S. LAW

Wed, 6 Feb 2007 16:33:00 GMT

U.S. legislation makes it clear that properly accepted electronic signatures do not obstruct the validity of a contract. [More..]

Internet Law - PROCESSING PERSONAL DATA UNDER THE LAW OF LITHUANIA – PART ONE

Wed, 6 Feb 2007 16:33:00 GMT

In Lithuania, the processing of personal data is regulated by the Law on Legal Protection of Personal Data, adopted on June 11, 1996, as amended (the “Personal Data Protection Act.”) The principles set forth in this Act derive from fundamental rights enshrined in the Constitution, which was adopted on October 25, 1992, including in particular Article 22, which concerns the right to privacy and the protection related to the collection of personal data. [More..]

Internet Law - SITPRO (UNITED KINGDOM)

Wed, 6 Feb 2007 16:33:00 GMT

The SITPRO has had a central role in trade facilitation and has become impact by changing trade practices in the United Kingdom. Its different policies groups have had an enormous impact on the adoption of different policies and rules governing electronic business. [More..]