[AfrICANN-discuss] FW: Internet and E-Commerce Law News (10/4/2010)

[Anne-Rachel Inne]

FYI

From: Internet Law Portal [mailto:internet_law_portal at ibls.com]
Sent: Monday, October 04, 2010 7:03 PM
To: Anne-Rachel Inne
Subject: Internet and E-Commerce Law News (10/4/2010)

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IBLS editorial staff and contributors around the world, will keep you informed and updated on the most relevant e-commerce and Internet themes like intellectual property , digital signatures, consumer protection, e-public procurement, cyber crime, privacy and security, e-banking, e-payments, online buys and sells, among others.
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In this issue:

The Latest News from Around the World

>From Legal Correspondents and IBLS Editors
(from legal correspondents and IBLS editors)
For more Internet and E-commerce news from the United States, Canada, Europe, Middle East, Africa, Asia-Pacific and the Caribbean,please select from the drop down list below

Featured IBLS Articles
(articles selected from IBLS Internet law database)

Ask the Expert / Internet Law Blog<http://ibls.com/cs/blogs/default.aspx>
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The Latest News from Around the World
EUROPEAN UNION: Commission to Boost Europe''s Defences against Cyber-Attacks
Sunday, October 03, 2010
The European Commission today unveiled two new measures to ensure that Europe can defend itself from attacks against its key information (IT) systems. A proposal for a Directive to deal with new cyber crimes, such as large-scale cyber attacks, is complemented by a proposal for a Regulation to strengthen and modernise the European Network and Information Security Agency (ENISA).

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1981>

UNITED STATES: At FTC''s Request, Court Permanently Shuts Down Massive Cramming Operation;
Sunday, October 03, 2010
At the request of the Federal Trade Commission, a U.S. district court has permanently shut down the illegal operations of a firm that placed bogus charges on the telephone bills of thousands of small businesses and consumers for Internet-related services they never agreed to buy. The court has barred the defendants from charging consumers'' telephone bills and barred them from telemarketing unless they get prior approval from the FTC and the court. It also ordered third parties through which charges were placed, including local exchange telephone companies, or LECs, to return money in escrow to consumers, and ordered the defendants to pay nearly $38 million in restitution for consumers.

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1980>

INTERNATIONAL: E-Commerce and Tax Law Journal
Wednesday, February 03, 2010
IBLS is pleased to announce its newest law publication: E-Commerce and Tax Law Journal. The Law Journal is a legal publication created and published by the IBLS, the world largest Internet law publisher and Thomas Jefferson School of Law Masters in Law Program. The Law Journal publishes writings by academics, practitioners and policy makers on a variety of topics, including e-commerce, electronic contracting, techno torts, cyber crime, privacy, Internet taxation, international taxation, etc. These are some of the most rapidly developing areas of the law, and the dialogue initiated by the journal will help form the future of these emerging fields.

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1841>

OXFORD/IBLS: Global E-Business Law and Taxation
Sunday, July 12, 2009
IBLS and its global legal network of experts bring you a representative masterpiece of global e-commerce and tax legislation! IBLS presents to you the first book in Internet law series, created in partnership with Oxford University Press: "Global E-Business Law and Taxation" http://www.oup.com/us/catalog/general/subject/Law/Taxation/?view=usa&ci=9780195367218#Product_Details Among the numerous topics related to e-commerce, taxation is the one that still has not established homogeneity among different countries'' legislation and still represents a critical issue to be addressed from both a business and legal perspective. This book intends to provide an overview of the e-commerce and e-commerce taxation laws and principles applied by diverse countries.

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1709>


>From Legal Correspondents and IBLS Editors

How to Find the Contact Information of a Prospective Defendant
Sunday, October 03, 2010
When an online company or a natural person discovers that an online party is violating its rights, sometimes it is not simple to sue that party because its contact information may not be available straightforwardly. Then, how that online company or natural person may find the prospective defendant's address and contact information? Plaintiffs, most of the time, start by checking the prospective defendant"s website, if any, to obtain its contact information. When these parties do not list their contact information, plaintiffs go to the Who Is database. This is a free-of-charge database that posts the information of any website owner. However, even this database may not provide the right contact information of a prospective defendant. So, what is the next step?

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2375>.
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Featured IBLS Articles

Failure to Produce E-Discovery and the Honest Mistake Defense
In the case of R & R Sails, Inc. v. Insurance Company of the State of Pennsylvania, Case No. 07-cv-0998-H (POR) (S.D.Cal., Apr. 18, 2008), the court held that overlooking e-discovery information due to honest mistake may serve to avoid court-imposed sanctions. Though, the court found proper to impose sanctions upon the party claiming to have omitted production due to honest mistake when a reasonable inquiry into the nature of the requested material might have prevented the mistake from occurring.

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=06CD76CB-FC1C-4F2E-A423-6713CDD910CA>.

Personal Jurisdiction for eBay Sellers
Courts faced with the question of personal jurisdiction involving eBay transactions have consistently held that the typical online auction process, in and of itself, is insufficient to confer specific personal jurisdiction over an out-of-state defendant. In some cases, where sellers? eBay postings are part of a broader e-commerce activity, the sellers may be subject to personal jurisdiction.

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=20940C42-D983-4DB2-8CE2-0D7FD64BAE6B>.

New Changes To Federal Rules Of Civil Procedure For Electronic Discovery 2008
The US Congress amended the Federal Rules of Civil Procedure (FRCP) on December 1, 2006, to adapt discovery rules to the proliferation of electronic communications. The new FRCP were completely rewritten and went into effect in December 2007. The purpose for the amendment was to make the rules simpler and add new dictates for electronic evidence, given society's tendency to store records electronically. This article illustrates on the amended FRCP. These questions will be answered to help understand the changes in the FCRP: What do the Federal Rules of Civil Procedure Cover?; What are the Main Changes in the FRCP?; What Does The FRCP Say About Email Requirements?; What About Deleting Emails and the Safe Harbor Provision?

Read more...<http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=C80FE3AE-EB28-4183-90A8-AA7915486DDB>.
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