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August' 08

Articles

Domain Names Management and Dispute Resolutions : A Comparative Legal Study in the UK, US and China -- Faye Fangfei Wang

In this era of information technology, companies widely use the Internet to develop their global marketplace and build up their business images. Registering a domain name is a necessary step in an ever-changing information-driven society. Domain names relate to trademarks for the products or services, as well as a way of setting up companies' goodwill or reputation. Following three case studies, this paper examines the registration, usage and protection of domain names in the UK, US and China and provides a comparative table on domain name dispute resolution policies and techniques in these countries.

© 2008 Faye Fangfei Wang. All Rights Reserved.

The Internet Gambling Conundrum : Extraterritorial Impacts of Domestic Regulation --Edward A Morse

The geographical transcendence of the Internet presents challenges for government regulation of activities such as Internet gambling, which are legally proscribed in some jurisdictions and allowed in others. The Unlawful Internet Gambling Enforcement Act (UIGEA) enacted in October 2006 provides one approach to regulate Internet gambling by focusing on financing, rather than the conduct of individual gamblers. Though this approach will generally protect the privacy rights of individuals and preserve free access to the Internet, it will impose costs on the business community. This paper provides an analysis of the UIGEA and its effects on Internet gambling firms and firms that provide transactional services. Financial markets suggest this legislation has reduced Internet gambling in publicly traded firms, even before enabling regulations have been enacted. However, this law may also have the effect of enhancing investment capital flows for online gambling firms, due to clarification of the legal status for firms who are not targeting US residents in violation of UIGEA. The ultimate result may depend on whether other nations follow suit in targeting extraterritorial business with domestic gambling patrons.

© 2007 Edward A Morse. This article was earlier published in Cyberlaw, Security & Privacy, Sylvia Mercado Kierkegaard (Ed.), Ankara Bar Association Press. Reprinted with permission.

Identifying Legal Concerns in the Biometric Context --Yue Liu

This paper aims to contribute to the debate of biometrics and privacy concerns by examining the existing legal and academic debates. Several controversial legal problems in the biometric context will be discussed such as the following: the legal status of biometric data, the storage of biometric data, compulsory and voluntary issues and the necessity of using biometric technology. The study will be based on relevant EU instruments, Norwegian, Swedish and US case law. Critical comments will be made on the various views about biometrics and data protection from a legal perspective.

© 2008 Journal of International Commercial Law and Technology and Yue Liu. This paper was earlier published in the International Commercial Law and Technology, Vol. 3, Issue 1. Reprinted with permission.

Legal Perspectives

Cybersquatting and Trademark Infringement -- Anuradha Nayak and Manish Lakhawat

In the intriguing and anonymous space as cyberspace, the identification which the consumers relate themselves to is brand names. These brand names impart them a guarantee to engage in e-commerce, leading to the much-needed awareness and performance of these brands.

© 2008 The Icfai University Press. All Rights Reserved.

Article Price : Rs.50

Global Executive Summaries

  • The Fraud Act 2006: The E-Crime Prosecutor's Champion or the Creator of a New Inchoate Offence?
    Full text: www.bileta.ac.uk
 
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