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2008.05.09

Wikipedia goes to court to defend defamation immunity

Wikipedia, the free, user-generated online encyclopedia, faces a court battle to protect itself from liability for everything that users post on the site. The company behind the site will argue that it should be granted immunity under US law.

http://www.out-law.com/page-9095

2008.04.15

Czech: E-Signatures

The Czech Arbitration Court has amended its ADR Supplemental Rules to allow for electronic-only .eu ADR Proceedings, using advanced electronic signatures in accordance with Directive 1999/93 EC. Section A5 of the ADR Supplemental Rules reads as follows:

When a Party is obligated to submit a hardcopy to the Provider, this obligation can also be satisfied when the Party uses advanced electronic signatures1 based on a qualified certificate2 and created by a secure signature-creation device (SSCD) for the purposes of signing and filing the respective documents via the on-line platform of the Provider. The Provider may include additional conditions for the use of electronic signatures during ADR Proceedings in Annex C of the ADR Supplemental Rules (Communication Instructions).

http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1232

Special Rights and Privacy under the Sweden Electronic Communications Act

Sweden Electronic Communications Act 2003: 389 entered into force on July 25, 2003, and aimed to ensure that private individuals, legal entities, and public authorities have access to secure and efficient electronic communications in terms of price and quality. The Act specifically mentions its goal to promote competition in the telecommunication sector and to protect the freedom of expression and freedom of information. This article provides a brief description of the subscribers' rights under the Act and the privacy rules incorporated in this Act.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2035

2008.04.11

Freedom of information: a comparative legal survey; second edition revised and updated

The importance of the right to information or the right to know is an increasingly constant refrain in the mouths of development practitioners, civil society, academics, the media and governments. What is this right, is it really a right and how have governments sought to give effect to it? These are some of the questions this book seeks to address, providing an accessible account of the law and practice regarding freedom of information, and an analysis of what is working and why.

http://portal.unesco.org/ci/en/files/26159/12054862803freedom_information_en.pdf/freedom_information_en.pdf

2008.04.10

U.S. Court Decides Emails Equal a Signature for Contracts

Kelly O´connell, IBLS Editor

New York appellate court has ruled that e-mails were signed writings that modify contracts, in a April 1, 2008 ruling. The case was filed in October 1999, and related to the claim of breach-of-contract. The court wrote, "The e-mails from plaintiff constitute "signed writings" within the meaning of the statute of frauds, since plaintiff's name at the end of his e-mail signified his intent to authenticate the contents (see Rosenfeld v Zerneck, 4 Misc 3d 193 [2004]). Similarly, Bloom's name at the end of his e-mail constituted a "signed writing" and satisfied the requirement of § 13(d) of the employment agreement that any modification be signed by all parties."

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2032

Electronic Signature Under Czech Law

Alain Megias, IBLS

The European Directive 1999/93/EC of December 13, 1999 on the Community Framework for Electronic Signatures has been implemented under Czech law by the Act No. 227 of 29 June 2000 on Electronic Signature that came into force as of October 1, 2000 (the “Electronic Signature Act.”) This law provides that electronic signatures have the same probative value as handwritten signature provided that they are secure. These regulations also regulate the activity of Certification Service Providers (“CSPs.”)

The European Directive of December 13, 1999 on Electronic Signature has been implemented in the Czech Republic through the adoption of the Electronic Signature Act. This Law provides for the legal validity and admissibility of electronic signatures. This Act amends Article 40 of the Civil Code and adds to this Article that “if a legal act is carried out by electronic means, it may be signed electronically pursuant to statutory provisions.” The most significant impact of this Act is that contracts may now be concluded without paper and without physical meeting of the parties over the Internet. This should facilitate e-commerce in the Czech Republic, as in many cases under Czech law a contract was not valid unless it was in writing.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=A0C40851-48CD-4886-9A6C-82D44091731B

2008.04.02

EU Debates Cybercrime Law Enforcement

Two groups working separately to boost Europe's defences against online crime will present proposals this week, almost a year after most of the nation of Estonia's links to the Internet were disrupted for days or weeks. At a two-day conference starting today in Strasbourg, France, the Council of Europe will to review implementation of the international Convention on Cybercrime and discuss ways to improve international cooperation. Cyber defence also will be on the agenda when heads of state from NATO's 26 member nations gather in Bucharest tomorrow for three days.

http://www.siliconvalley.com/ci_8759398

2008.04.01

Iranian Internet Law

Kelly O'Connell, IBLS Editorial Department

The country of Iran, with 70 million resident is a place with a strong education history and boasts a notable cultural heritage. This is in stark contrast to recent images of the fundamentalism the religious establishment has imposed since the Shah was toppled in the late 1970's. There is no particular freedom of speech in Iran, and the country is regarded as having one of the most repressive press monitoring bureaus in the world. This essay details the law of the Internet in this oil-rich, mountainous state that was until modern times known as Persia.

These questions will be answered: Is the Internet Legal in Iran?, What Law Governs the Internet in Iran?, What About Opening a Blog & Blogger's Rights?, What Laws or Bodies Govern Internet Crimes in Iran?, and What Punishments are Listed for Breaking the Cyber Crimes Law?

http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=EB50E2B3-69E9-47DB-8CE7-FFD9A259595D

2008.03.31

Newspapers in Slovakia protest media legislation

Slovakia's leading newspapers published identical protests on otherwise blank front pages Thursday to condemn legislation that they said would undermine press freedom. The six main dailies left their front pages empty except for a list of "seven sins" in the legislation, which would require them to print responses by people or institutions to any news article even if the published information were true.

http://iht.com/articles/2008/03/27/business/smedia.php

"Right to information is fundamental for development", experts say

Right to access information held by public bodies and its contribution to transparency, media pluralism, good governance, empowerment and poverty eradication were the focus of debates during the international experts meeting on "Freedom of Information and Sustainable Development, Sealing the Link" held last week at UNESCO Headquarters in Paris.

http://portal.unesco.org/ci/en/ev.php-URL_ID=26322&URL_DO=DO_TOPIC&URL_SECTION=201.html