ࡱ> *'()( / 0DTimes New Roman(0(B 0 DArialNew Roman(0(B 0 " DMonotype Sorts(0(B 0 0DTimespe Sorts(0(B 0 @DWingdingsorts(0(B 0 PDNew Yorkorts(0(B 0 `DArial Unicode MS0(B 0 " B  .  @n?" dd@  @@`` D <  yq  b   efghijk#^AUVWXYZ[\^_`abcd8DBinKo  ]C6(!"#$%&')*+,-.0123457:;<=>?@RSTEGLMNCK9PQHI 0AA0 f@8q  g4BdBd@B 0:ppp@ <42d2dlpC 0]Bʚ;2Nʚ;<4ddddl%F 0X2 0___PPT10 pp___PPT9/ 0688050 &STUV3? #O =*Law, Web, Architecture and Risk Management++B0*     Dr Eugene Clark, Prof of Law Dean, Faculty of Law, Business and Arts, Charles Darwin University Eugene.Clark@cdu.edu.au July 2005$C0ANq              Basic Theme   Legal Literacy=part of skill set require of those operating in a web environment Aid cause by Survey of recent legal developments  :6Law: Risk Management & Strategy B   Leave it all to Joe Command and Control Pot Luck: Everything all right so far Call the Fire Department (spend $10 on solving; not $1 on prevention Legal literary as part of designC$  ;8+How prepared is Industry for the E-Frontier,,B +    Only 1/4 of U.S. companies and 1/3 of European co had risk management committees or other structures to identify and monitor technology risk. "C$  Private sector Readiness 2  `Of those companies with such a committee or structure, only half -- 13 %felt it was effective. 8``C$$(_   Private Sector Readiness 3  Only about three in 10 risk managers had reviewed the potential technological risks posed by a merger or acquisition involving their company. http://www.srbi.com/risk_management.html.ZC$4    <9Private Sector Readiness 4B   Nearly all U.S. and European co taken similar steps to protect themselves from technology-related risks, eg installing anti-virus software and firewalls, establishing standard security procedures, and auditing the security of their systems. 6C$$  Private sector readiness 4  eOnly six in 10 companies have implemented employee-training programs to lower their technology risk. "feC$$e  =:Private Sector Readiness 5B   pU.S. and European corporate risk managers' understanding of technology risk is less than adequate, according to the managers themselves. About 4 in 10 risk managers say they have only a "fair" to "poor" understanding of technology risk. Very few (about 10 percent overall) say their understanding is "excellent. 9P9A8  >;Private Sector Readiness 4B    Only 52 % of U.S. corporate risk managers have inventoried and quantified the technology risks companies face, compared to 67 % among European risk managers. Corporate risk managers both in the United States (65%) and Europe (57 %,) defer to their information technology depts 4PCC$B(   Private Sector Readiness 5B   F"The global nature of e-commerce, varying legal systems and the speed with which new innovations are brought to market further complicate the challenges facing companies today, leading many firms into uncharted waters of liability risks as well as those which affect their revenue streams. $#A("   @=Private Sector Readiness 6&B F   NThe "Y2K" issue, which required companies to prepare their computer systems for the rollover to 2000, sensitized many companies to technology risks, but 42 % of U.S. corporations and 38 % of European corporations said the rollover had little impact on their firms' approach to technology risk. ((A'  Regulation of the Internet Debunk the myth of cyberspace as a law-free zone So significant and widespread are its effects = no way that governments, industry and other forms of regulation can be avoided. :1$#$! What regulation is required?While cyberspace is different, the extent, degree and nature of that difference is debatable. Even more debatable is what all this means in terms of regulation. Eg Gutnick 2#$ $0   Forms of Regulation: Lessigno regulation; traditional government regulation, for example by legislation and courts (eg Metro-Goldwin-Mayer Studios v Grokster); international agreements, eg Berne Convention; Industry or self-regulation (ADMA) code regulation: softwareDP!!  LZQ CodeT=the design of software and hardware constituting a network and the communication protocols allowing these elements to interact with each other. The design of the code has a significant influence on human behaviour given architecture is one of the major forces and it influences whether certain activity is easy or hard or even possible. 2TPPS!2 | Code 2Accordingly a code can do much of the work (in terms of control and regulation) that law used to do. Further, law will increasingly be replaced by code and sovereignty will give way to software. 2#$! Code, eg: Cyber-infrastructure  http/www.sdsc.edu/sbe Redesign internet Redesign tradeoffs between identity, accountability, anonymity and freedom of action Design to enhance comprehensibility and usability Choices about recognition or not of national, jurisdictional, institutional boundaries in the designPN       Regulation: conclusionsVarious forms of regulation are required for different online contexts Regulation of the online world must be seen in context and in relation to traditional regulation Nation states should proceed slowly and evolve solutions rather than make radical changes. " BF ` Z Reg conclusions (cont)4. Regulators must build on existing social norms applicable to the majority of participants in the online world. Role of courts, law reform commissions 5. Given that these participants are increasingly international, the dialogue needs to be international * "  Reg conclusions (cont) 6. Code-based changes (in the Lessig sense of the term) changes are emerging as the single most powerful regulatory strategy. Eg software, limit to specific users in specific locations R " }#$<$B Y<  What Law Applies? Jurisdiction*  "Jurisdiction: (Law+Speak), power of a particular government s laws and court system to bind a party or make a judgment in relation to a party or particular matter. Territorial Nexis: can only exercise jurisdiction over own boundaries or on Australian citizens outside of it( 4    \   &US: Limits on Exercise of Jurisdiction&  Can only exercise jurisdiction if it is fair and reasonable to do so Minimum contacts with the jurisdiction Cause of action arose out of the contacts To exercise jurisdiction is reasonable@D      ]  B5Jurisdiction: US*B   US Zippo: sliding scale (active vs passive); moving to  target test Young v New Haven Advocate, 315 F3d 256 (4th Cir 2002) allow jurisdiction if manifested intent to aim the website to that jurisdiction<pC$K$[C$4     Australian Case: Gutnick*4    Gutnick v Dow Jones Inc In November of 2000 Joseph Gutnick (P) a well known Melbourne identity filed defamation action in Victorian Supreme Court against Dow Jones & Co (D), a Delaware Corporation. D is the publisher of the print and online editions of Barrons Magazine. \ -       Gutnick 2(   The defamation related to various statements made about the plaintiff in the 30 October 2000 issue of Barrons. D argued 1) the Victorian court had no jurisdiction; 2) there was improper service of process; and 3) the US and not Victoria was the most convenient and appropriate forum. It was undisputed that an article is published when it becomes capable of being comprehended by a readerP4f     Gutnick 3*(   P argued proceedings should not be brought in the US state of New Jersey where the defendant's operations and web server were situated and where the material was uploaded onto Defendant's server. P argued that the article was published where P downloaded it in Victoria to readers.   Gutnick 4*(   Justice Hedigan concluded that the article was published in Victoria. Publication for the purposes of defamation occurs where the material is manifest and comprehended. There was no reason to suggest that this longstanding line of authority should be any different via the Internet. Of relevance was the fact that the publication was not available on the web generally, but only available upon a payment of a fee.4     Gutnick 5(   4For purpose of libel, the publication in this instance was published in both places, since the moment of uploading from the web server and its arrival at its intended destination in Victoria were virtually instantaneous. D argued that there were formal defects in the service of process. This was rejected.4   Gutnick 6(   DP could have filed the case in one of two bases: tort (libel) occurred in Victoria (place of publication) or it was committed in NJ but that damage was caused in Victoria. D also contended that Victoria was an inconvenient venue. The Victorian Court disagreed, holding that Victoria was the most appropriate venue because:D   Gutnick 7(   *The alleged defamatory matter was published in Victoria P is domiciled in Victoria P's business is in Victoria The alleged defamatory matter was published in Victoria P sought to vindicate his reputation in the place where his reputation is most well known has his business headquarters in Victoria++*  Australia/UK: B0  Gutnick v Dow Jones (2002) 194 ALR 433: no  sui generis scheme. If changed, it was for Parliament to do, not courts EU: Brussels Regulation(uC$C$(   UK/EU  Dow Jones & Co v Yousef Abdul Latif Jameel [2005] EWCA cv 75, English High Court Like Australia:Key is where publication is downloaded or perceived. Whether there is a substantial tort or manifested intent to target is irrelevant. >PPC$h        Europe (Intro)*  Jurisdiction in the EU is governed by the Brussels Convention. Official Journal C 027, 26/01/1998 p 0001-0027. Persons domiciled in a state of the EU may be sued in the courts of that state (Art 2)q  Europe Intro (cont)*  In contract matters, a party may be sued in the courts of the place of the performance of the obligation in question. (Art 5) In relation to tort, a party may be sued in the courts of the place where the harmful event occurred (Art 5)q  Europe Intro (cont)*  EConsumers may choose between filing an action either in the country where they are domiciled or where the other party is domiciled, while the other party can sue consumers only in the consumer's country of domicile. (Art 13, 14) Forum selection clauses in contracts are enforceable except in relation to consumers. (Art 17) ,EqEE  Europe: Brussels Regulation*  @In December of 2000, the EU issued the Brussels regulation. Note that this is a 'regulation' as opposed to a 'convention' or 'directive'. Regulations are binding in their adopted form in all states. A convention is negotiated between the states and a directive must be implemented individually by each member state. @  Europe 2  <This could lead to differences in the various jurisdictions. The EU sought uniformity on the jurisdiction question and thus the stronger form of 'regulation' was adopted. The regulation broadens the Brussels Convention so that a broader scope of activity can be the basis for personal jurisdiction over defendants.<   Europe 3*    Under the regulation the courts of the consumer's home country will have jurisdiction over a defendant who "pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means directs such activities to that Member State& and the contract falls within the scope of such activities. D   Europe 4*    The phrase 'by any means' was intended to cover e-commerce and to give consumers the ability to bring a lawsuit relating to any contracts executed over the Internet in their own country or domicile.    Europe 5*    The language is so broad even a mere advertisement could subject you to the court's jurisdiction if the legal claim relates to the advertisement. The Brussels regulation (effective March 2002) leaves unchanged existing rule of the Brussels Convention that a forum selection clause providing for a forum other than the consumer's home country is null and void unless entered into after dispute has arisen. P   Europe 6*    The policy argument is that a consumer's access to their own courts in their own country is a necessary pre-condition to gaining the confidence in the Internet environment. However, smaller companies may find it extremely risky and costly.   Europe 7*   The Brussels regulation applies officially only to the EU. However, the regulation will be generally incorporated into conflict of laws statutes of individual states or generally applied by member states.    Europe 8*   US and Australian companies from March 22 2002 may be sued in a consumer's home court no matter how or where a consumer purchased the product as long as advertising for the product was accessible in the forum country.  Europe 9   European Commission, Explanatory Memorandum to the Proposal for a Council Regulation on Jurisdiction, COM (199) 348 of 14 July 1999, http://www.europa.eu.int/comm/justice_home/pdf/com1999-348-en.pdf             Summary: Four major issues  Place the publication is uploaded Place where downloaded Whether real or substantial tort in place of publication Where the manifested intention to aim the website is.   "Towards International cooperation*"    <While acknowledging the difficulty of achieving international agreement, until this is achieved, legal clouds will remain over the future of e-business. Hague Convention on Jurisdiction and the Recognition and enforcement of Foreign Judgments in Civil and Commercial Mattershttp://www.hcch.net/e/workprog/judgm.htmlD!y)!    r           Legal Infrastructure1:E-gov(   Electronic Transactions Act For information in writing; To provide a signature; To produce a document; To record information; and To retain a document b0 " dd|$z#$"|  Legal Infrastructure 2  _Digital Rights protection Public Key Infra, Fed Link E-procurements Electronic Record keeping 6`0 dd_$$_ Legal Infrastructure:B2B ( Contract Competition Intellectual property Rules of governance/equity structure Tax consequences Privacy Issues are not once-off R0dd0" ddc$(    B2C: Spam" $   national legislation (the Spam Act 2003 and the Spam (Consequential Amendments) Act 2003); international cooperation; information and awareness-raising; industry codes of practice; and technical solutions. ! ! !(!!!  #! ! !  ' $$$$  E-Marketing Code of Practice  &Registered by Australian Communications Authority on 18 March 2005 Establishes rules for sending of  commercial communications Provides framework for industry self regulation and monitoring industry compliance ACA can enforce compliance if indiv or organ is subject to code.P4    Types of communication  Regulates commercial electronic messages as per Spam Act, ie those with an Australian link and inc email, messaging service, or mobile wireless but not voice telephony or facsimile.4:  y  Who code applies to  Activity to market, promote or advertise one s own goods and services and where commercial commun=sole or principal means. Also applies to those who market this way on behalf of a 3rd party. Not apply to: underlying carriage service or web based facility for storage or transmission where supplier has no control over message content$N4[    :Def: principal means of promo  oProjected customer reach compared to other forms of marketing employed. Will consider total marketing activity o  Other aspects of code  Extends Privacy Act, can use  personal info wo consent collected for any primary purpose, but Code requires reasonable steps to confirm from 3rd party collecting info that it has express consent; must provide contact information that allows recipient to obtain: full name, registered or legal address, ABN, postal address, email, fixed line phone and contract details for complaints.P4-  Q  !Other provisions e-marketing code!  Must have internal provisions for dealing with complaints Must have functional  unsubsribe equivalent to means message was received Must act on it wi 5 days of receiving the unsubscribe notificationNO  8  0  Other Provisions  Can only send e-marketing targeted by location (GPS tech) if express consent New rules re age sensitive content and times at which mobile wireless technology commercial communications can be sent (eg text messages)   Legal Infrastructure: privacy   Privacy Amendment (Private Sector) Act 2000 Act, ext to Private Sector, NPPs, IPPs, State Legislation(ACT, NT, NSW, Vic, Tas ASIC (protect investor), health Clarification of guidelines Bundled consent >0 ddLH'M 2Privacy other Legislation  Negligence Workplace Listening devices/surveillance legis Admin arrangements TPA Corporations Law, CW Electoral Act Telecommunications Ombusdsman, Aust Communications Authority and ABA can investigate complaints re privacy *PP4  N  Privacy Policy issues B @  Neutral as to medium? Application to specific areas, eg health, genetic info Cost of compliance Need for uniformity (State, CW, Code EU Compliance? Balance A  Legal Infrastructure  cConsumer: TPA, Spam etc Access to Info: FOI, Ombud International agreements Cybercrime legislation Zc0 " dd " $[$ Z  Online Credit Card  Credit cards most used Online Credit Card Fraud Against Small Business (24 Feb) Federal Minister for Justice and Customswww.aic.gov.au/publications/rpp/60/index.html 1/3 of online traders have been victims but only 35% reported in 2001 and only 21% in 02 VP0 " ddZ  Y g Legal Infrastructure: IP  Madrid Protocol Domain names vs Trade marks (no decision in Australia, but in UK see: British Telecommunications plc v One-in-a Million Ltd (1998) 42 IPR 189 held cybersquatting=passing off and trade mark infringementN    (   IP (cont)   LE-business method patents Indigenous IP issues Moral rights New Designs Act ,LLL  Free Trade Agreement   Art 16: no duties, fees or charges on importation of digital products, either electronically or fixed medium, eg CD-Rom, Equal treatment Must maintain legislation to permit electronic transactions Cross recog of digital certificates Paperless trading, via customs etc P 4  ;  Free Trade Agreement: IP  Ch 17: duration of copyright extended from 50-70 yrs ISPs to comply with take-down notices New measures preventing use, manufacture, import and sale of circumvention devices May make US better market for Australia and attract US investment hereP  Recent US Case  Metro-Goldwyn-Mayer Studios lnc v Grokster Ltd (No 04-480) Supporting Balance of tension between: creative pursuits via copyright protection vs Promotion of innovation by limiting liability .h    d  1  Held  hJustice David Souter:  one who distributes a device with the object of promoting its use to infringe copyright& is liable for the resulting acts of infringement by third parties. 4    Facts  Grokster and SteamCast distributed their software which allowed peer to peer copying MGM stats showed 90% of files were copyrighted material G and S argued that non-infringing uses were significant if infrequent Relied on Sony Corp v Universal Studios casePB      Evidence of intent  G&S clearly voiced objective of facilitating copyright infringement Introduced itself to advertisers as similar to Napster Intended to be there to capture Napster s prior users Allowed users to search for  top 40 songs Internal emails No effort at filteringP  Sony  Sony held you can t presume intent to cause infringement solely by the design or distribution of a product capable of being used to infringe. But Ct can t ignore evidence of intent that went beyond product characteristics to active promotion of infringement  Legal Infrastructure 3  Evidence Acts Court rules and procedures E-courts,eg Small Claims UK, domain name disputes Corporations Law, Tax Telecommunications, infra Legis guidelines accuracy and reliability: Audit Act, etc <0 " ddD2U4 Electronic DiscoveryB   Email messages can easily add up to millions of documents Greatest exposure to the organisations Especially on laptops, palm devices etc  HRB   Computer use by employees=employer liable: defamation, harassment;fraud; contract; privacy; crime Computer use policies Testing; surveillance IP Creation; protection; km Disability Law (Sydney Olympics) A  Legal Risk Management Standards B     Emergence of standards: AS 3806 Positive commitment to compliance Board and CEO Level Positive promotion of compliance by all managers Continual monitoring and improvement of compliance program PC$    Draft Australian StandardB   Corporate Governance of information and communication technology Part of set of standards headed by: AS 8000-2003 Corporate Governance Draws on AS/NS 4360 Framework for Project Governance of ICT For Operations Governance of ICT*AAA  Builds on other standardsB   DBuilds on other standards in existence AS/NZS 17799: 2001 Code of Practice for Information Security Management HB 240: 2000: Guidelines for managing risk in outsourcing using the AS/NZS 4360 process AS/NZS ISO/IEC Standard 12207: 1997: information technology  Software life cycle processes#P#A"  Legal Infrastructure 4  Standards, eg ISO 9000, Standards Australia AS 4390 on Records Management; ISO/CD15489 on Records Management, OECD Guidelines on Security of Information Systems/Networks*0 " dd$ Online Contracts  Perhaps the most significant trend in contract law is the impact of the information age and electronic contracting, especially over the Internet 0#$!  Questions of Enforceability  A click-wrap agreement is one where the entire contract is online and the consumer has the option of agreeing or disagreeing. A browse-wrap contract is where the user is directed via hyperlink to a licence agreement or a separate webpage.(#$$  Shrinkwrap license(    DCt noted ProCD Inc v Zeidenberg 86 F3d 1447 (7th Cir 1996) which considered a software license agreement  encoded on the CD ROM disks as well as printed in the manual and which appears on user s screen every time the program runs. Absence of terms on the outside of the box did not matter because every box has language that states that the software comes with restrictions stated in an enclosed license. Court noted:2. sN       ProCD   A vendor, as master of the offer, may invite acceptance by conduct, and may propose limitations on the kind of conduct that constitutes acceptance. A buyer may accept by performing the acts the vendor proposes to treat as acceptance. And that is what happened. "$   ProCD cont(   zProCD proposed a contract that a buyer would accept by using the software after having the opportunity to read the license at leisure. This Z did. He had no choice, because the software splashed the license on the screen and would not let him proceed without indicating acceptance. See also Hill v Gateway 2000 Inc, 105 F3d 1147 (7th Cir 1997), cert denied , 522 U?A 808 (1997)j{P$$ ( ,( u   Clickwrap   LPresents the user with a message on screen requiring user to manifest assent to terms by clicking icon. Product cannot be obtained or used without clicking. For example in case of N Communicator, when you click to download, the full license appears plus a box that says: Do you accept the terms of the preceding license agreement? If so click  yes button. If you select  no , setup will close and download is terminated.  Click agreement (cont)  LUnless user clicks  yes indicating assent to license terms, you cannot obtain the software. Few cases considering such click agreements have found them to be valid.  %Specht v Netscape Communications Corp(   150 F.Sup 2d 585 (SDNY 2001) Netscape= provider of computer software programs that enable and facilitate use of Internet N offers  SmartDownload software free of charge to those who visit the site and click on a box indicating they wish to download it4  k  Browse-wrap agreements  JPollstar v Gigmania Ltd, No CIV-F-00-5671, 2000 WL 33266437 (ED Cal, Oct 17, 2000). Site offered P s proprietary info. Notice of a license agreement appears on the website. When you click on the notice you are then brought to another page containing the license agreement. Not required to click assent. Court called this  browse-wrap license. Expressing concern about its enforceability, Court did not rule on that issue.PB     Practical Tips  Make sure the terms are clear and that users have easy automatic access to them Put the agreement at the top and prominently displayed. Make sure there is an opportunity to say Yes and NO Make sure you minimise the risk of accidental clicking 6P#  Online Contracting 3  +Make sure terms are not contradicted elsewhere, eg in advertising materials. This is what happened in Scott v Bell Atlantic (NY App Div No 3466 5/10/01) in which the telephone company sought to enforce user agreement disclaimers that were contradicted by the phone company's advertising materials.:,Pg###+  Online Contracting 4  ~Make sure the layout is clear Use Plain English. Have language for example that states "These terms are a legal contract that will bind us both as soon as you click the following assent button". Have the button at the end so that you would have at least had to have navigated past the terms. Make sure they can't get past the 'I Agree" button and deep link and avoid consenting.,~#~  Online Contract 5  Make sure it is clear who is eligible to use the site Include a jurisdiction and choice of venue and law clause Include a privacy statement Include a dispute resolution forum If you are limiting liability make it clear and make sure it complies with the Trade Practices Act.*P!  Online Contract 6  YUser must be able to print the agreement. Electronic Signatures in Global and National Commerce Act, 15 USC s7001, s101(d)(1)(B) provides that an electronic record must be available to all persons entitled to access. Section 8 of the UETA provides that an electronic record must be capable of retention by the recipient at the time of receipt.@ZP+!:!!Y  Online Contract 7  Use software eg Tower Technology's WebCapture, that provides a date and time-stamped replay of each screen of any online business transaction between customer and a company or government agency. This will eliminate any uncertainty about who did what and at what time. Handle returns: reverse logistics Keep your electronic records/storage. Note that in the EU they are looking at a six-year retention requirement for e-mail transmissions.P#4#    Online Contract 8  5There is also a need to keep abreast of the many international developments in the area of electronic commerce. Examples, include: the UNCITRAL Model Law on Electronic Commerce , the European Union Privacy Directive and the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. 655!A4    WS(Consumer: OECD Guidelines for Online B2C))B (  Protection: e-commerce same protection as traditional commerce Identification: right to know with whom you are dealing, eg name, address, co number, industry affiliationA  XT!Clear & comprehensive information""B !  >Seller s legal identity and location Total price including deliv and other $ Postage, taxes etc Credit card comply with credit laws Monetary exchange rate usedA4;  _  YU!Clear & Comprehensive info (cont)""B !  Any restrictions, limitations, conditions on purchase Details of cooling off period Delivery arrangements Refund arrangements and costs Length and validity of offer How and where complaints Parental approval requirements for minorC  ZVGuidelines contB   Clear contract terms simple language Confirmed meaningful consent from consumer that: consumer is interested in buying, full price, terms and conditions, agreement to purchase Payment information clearA  'Corporate governance: Trends in CLERP 9((B 'From rule-based to principle-based standards (comply or explain why not) Mandatory/self regulation to co-regulation Narrow to broad models and dimensions of governance (not just structures, process and compliance From conformance to performanceACorp Gov trends (cont)B From hard measures (structures) to soft: board skills mix, board interactions and activities Shareholder to stakeholder accountability Single line accountability to triple bottom lineA Need to have an alignment of:B zLeadership, culture, strategies, tactics, relationships,networks, structures, processes, principles, rules, values, ethics{{Az 83 Conclusion B    \Legal Framework as competitive advantage Regionalisation Convergence: in knowledge business (\]C$\   Conclusion 2   New Services, challenges to legal system More regulation as Internet has greater impact: law takers More international cooperation, eg Paperless Trading Digital Divide 0A(   Commodification of Information(   Swain v Waverley Municipal Council [2005] HCA 4 (9 February 2005) reinstated a jury award of just under $4 million to a man who was paralysed when he dived into surf that was located between the  safe swimming flags on Bondi beach. L"!!!     Swain 2  In the past, Australian law had limited liability on those who give incorrect advice only to situations where there was a  relationship between the parties, such as doctor-patient, accountant-client, and other specific context. $!   Swain 3  This was extended somewhat to also make manufacturers liable for defective labelling of products. This latest case suggests that publication of information  invites reliance and that this invitation is enough to establish a relationship between the entity or person supplying the information and the person relying upon it. >GF!% F$F  Commodification 3(   Uarguably has major significance for such areas as e-health and other online expert systems. 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(2 Dean, Faculty of Law,     ! .-@"Arial-. $2 Business and Arts, w     .-@"Arial-. -2 /Charles Darwin Universityd   !!  !  .-@"Arial-. 2 _ Eugene.Clark@n -.-@"Arial-.  2 _cdu.-@"Arial-.  2 _. .-@"Arial-.  2 _edu.-@"Arial-.  2 _X.au .-@"Arial-. 2  July 2005  .-{՜.+,0     $  On-screen ShowSouthern Cross University l: tTimes New RomanArialMonotype SortsTimes Wingdings New YorkArial Unicode MS eugeneclark+Law, Web, Architecture and Risk Management Basic Theme Law: Risk Management & Strategy,How prepared is Industry for the E-FrontierPrivate sector Readiness 2Private Sector Readiness 3Private Sector Readiness 4Private sector readiness 4Private Sector Readiness 5Private Sector Readiness 4Private Sector Readiness 5Private Sector Readiness 6Regulation of the InternetWhat regulation is required?Forms of Regulation: LessigCodeCode 2Code, eg: Cyber-infrastructureRegulation: conclusionsReg conclusions (cont)Reg conclusions (cont) What Law Applies? Jurisdiction*'US: Limits on Exercise of JurisdictionJurisdiction: US*Australian Case: Gutnick* Gutnick 2 Gutnick 3* Gutnick 4* Gutnick 5 Gutnick 6 Gutnick 7Australia/UK: UK/EUEurope (Intro)*Europe Intro (cont)*Europe Intro (cont)*Europe: Brussels Regulation* Europe 2 Europe 3* Europe 4* Europe 5* Europe 6* Europe 7* Europe 8* Europe 9Summary: Four major issues#Towards International cooperation*Legal Infrastructure1:E-govLegal Infrastructure 2Legal Infrastructure:B2B B2C: SpamE-Marketing Code of PracticeTypes of communicationWho code applies toDef:principal means of promoOther aspects of code"Other provisions e-marketing codeOther ProvisionsLegal Infrastructure: privacy Privacyother LegislationPrivacy Policy issuesLegal InfrastructureOnline Credit CardLegal Infrastructure: IP IP (cont)Free Trade AgreementFree Trade Agreement: IPRecent US CaseHeldFactsEvidence of intentSonyLegal Infrastructure 3Electronic DiscoveryHR Legal Risk Management StandardsDraft Australian StandardBuilds on other standardsLegal Infrastructure 4Online ContractsQuestions of EnforceabilityShrinkwrap licenseProCD ProCD cont ClickwrapClick agreement (cont)&Specht v Netscape Communications CorpBrowse-wrap agreementsPractical TipsOnline Contracting 3Online Contracting 4Online Contract 5Online Contract 6Online Contract 7Online Contract 8)Consumer: OECD Guidelines for Online B2C"Clear & comprehensive information"Clear & Comprehensive info (cont)Guidelines cont(Corporate governance: Trends in CLERP 9Corp Gov trends (cont)Need to have an alignment of: Conclusion Conclusion 2Commodification of InformationSwain 2Swain 3Commodification 3  Fonts UsedDesign Template Slide Titlesl._ Information TechnologyInformation Technology  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~      !"#$%&+Root EntrydO)Current UserSummaryInformation(PowerPoint Document( DocumentSummaryInformation8