Articles

Recent developments in private international law applicable to the internet, Journal of Internet Law (2011)

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The law is often criticized as being too slow to adapt to new technologies. Such...

 

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'Sexting' and the law - 15 minutes of fame, and a lifetime of shame, Masaryk University Journal of Law and Technology (2011)

Sexting - the electronic communication of non-professional images or videos portraying one or more persons...

 

The Emperor's new legal education theory, Alternative Law Journal (2011)

This article argues that good law teaching does not require a solid understanding of education...

 

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What is Contract Law?, The National Legal Eagle (2011)

Imagine a world without legally enforceable contracts. Could such a world function? Well, even if...

 

The regulation of cross-border data flows, International Data Privacy Law (2011)

The regulation of cross-border data flows represents one of the greatest challenges currently facing data...

 

A legal method for solving issues of Internet regulation, International Journal of Law and Information Technology (2011)

This article presents a legal method that can be used to find solutions to the...

 

Pammer and Hotel Alpenhof - ECJ decision creates further uncertainty about when e-businesses 'direct activities' to a consumer's state under the Brussels I Regulation, Computer Law and Security Report (2011)

The European Court of Justice's recent judgement in the joined cases C-585/08 and C-144/09 will...

 

'Unconscionability' in consumer ecommerce, Commercial Law Quarterly (2011)

This article examines Australia's regulation of unconscionable conduct, in the setting of consumer ecommerce. Both...

 

A call for judicial activism: Rapid technological developments and slow legal developments, Alternative Law Journal (2011)

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In most regards, the recent judgment in Gammasonics Institute for Medical Research Pty Ltd v...

 

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Fundamental policy considerations for the regulation of Internet cross-border privacy issues, Policy & Internet (2011)

We are currently witnessing major changes to the regulation of privacy, both in Europe and...

 

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Truisms about the Australian publishing climate for law journal articles, and some strategies to cope; or 'A Feminist perspective on the human rights of vegetarian child-soldiers in outerspace', Canberra Law Review (online) (2011)

The Australian Research Council's now abolished ranking of journals provided a tool to decide where...

 

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An overview and analysis of the National Unfair Contract Terms Provisions (with Loren Holly), Commerce law quarterly (2010)

The Commonwealth Parliament has recently introduced the Australian Consumer Law, a legislative regime for a...

 

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Privacy and consumer risks in cloud computing (with Roger Clarke), Computer law and security review (2010)

While vaguely defined, and wide in scope, so-called ‘cloud computing’ has gained considerable attention in...

 

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A best practice model for e-consumer protection (with Roger Clarke), E-commerce, E-consumer protection, ePrivacy, dispute resolution, consumer contracts (2010)

This article outlines a set of criteria for assessing the value of e-consumer protection schemes....

 

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Privacy, the Internet and transborder data flows - An Australian perspective, Masaryk University journal of law and technology (2010)

Cross-border transfer of personal information is now more common than ever before. Indeed, modern technologies...

 

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'Sexting' and the law - How Australia regulates electronic communication of non-professional sexual content, Bond law review (2010)

Sexting - the electronic communication of non-professional images or videos portraying one or more persons...

 

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Entering an era of research ranking: Will innovation and diversity survive? (with Paul White), Bond law review (2009)

There is something fundamentally absurd about the idea of ranking research. At the same time,...

 

International ranking of law journals: Can it be done and at what cost?, Legal studies (2009)

This paper discusses issues associated with international ranking of law journals. Some catalysts for the...

 

The choice of courts convention: How will it work in relation to the Internet and e-commerce?, Journal of private international law (2009)

The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005, and...

 

The right of reputation in the Internet era., International review of law, computers & technology (2009)

Protecting one's reputation has arguably become harder in this time of YouTube, 'blogs' and mobile...

 

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Cross-border telemedicine: New area, same legal challenges?, Masaryk University journal of law and technology (2009)

The availabililty of medical services and products online (telemedicine) creates serious regulatory challenges. Those challenges...

 

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Codifying Australia's Contract Law - Time for a Stocktake in the Common Law Factory, Bond Law Review (2008)

It has been noted that: ‘the law of England has swollen to an unmanageable bulk....

 

From the airport to the surgery to the courtroom: Private international law and medical tourism, Law papers (2008)

When people wish to take legal action in relation to damage suffered due to medical...

 

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How does the accuracy of geo-location technologies affect the law?, Law papers (2008)

Geo-location technologies allow website operators to identify the geographical location of those who visit their...

 

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The times they are a-changin' (every six months)-- The challenges of regulating developing technologies, Law papers (2008)

For a period of time, the Internet has been seen as a virtually borderless communications...

 

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E‐Commerce Tax: How The Taxman Brought Geography To The ‘Borderless’ Internet, Revenue Law Journal (2007)

Website operators engaged in cross-border e-commerce need to know the geographical location of those who...

 

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Protecting Privacy on the 'Borderless' Internet - Some Thoughts on Extraterritoriality and Transborder Data Flow, Bond Law Review (2007)

Extract Providing adequate protection of privacy is not easy in a society dominated by highly...

 

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Some observations on the regulation of misleading or deceptive conduct, The National Legal Eagle (2007)

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If one were to select the single most important statutory provision in Australian...

 

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“Imagine there’s no countries...” – Geo-identification, the law and the not so borderless Internet, Law papers (2007)

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Imagine trying to access you favourite website, and when doing so, being greeted by...

 

Privacy law: Australia: Conflict of laws issues associated with an action for interference with privacy, Law papers (2007)

Recent developments indicate that Australia may be ready to recognise an action for interference with...

 

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The not so 'borderless' internet: Does it still give rise to private international law issues?, Law papers (2006)

Since its ‘birth’ approximately 15 years ago, the World Wide Web (WWW) has been viewed...

 

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Borders on, or border around – the future of the Internet, Law papers (2006)

This article illustrates how borders currently are being placed within the Internet through a combination...

 

The legal implications of geo-identification, Law papers (2006)

Location may determine whether a person falls within the jurisdiction of a particular state, it...

 

The relation between public international law and private international law in the internet context, Law papers (2006)

The relation between private international law and public international law has gained little attention. Indeed,...

 

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Amlink Technologies Pty Ltd and Australian Trade Commission [2005] AATA 359 – Software finally recognised as “goods”, Law papers (2005)

[Excerpt] Up until recently, Australian courts have avoided deciding whether software can appropriately be classed...

 

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‘Place Of Wrong’ in the Tort of Defamation - Behind the Scenes of a Legal Fiction, Bond Law Review (2005)

In determining the questions of jurisdiction and choice of law in defamation cases, Australian law...

 

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Who’s fingerprints, and with what flavour, would you like today?, Law papers (2005)

The spread of the use of biometrics has been explosive. Fingerprints, for example, are being...

 

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Geo-identification: – Now They Know Where You Live, Law papers (2005)

Imagine if website operators could know where you are located as you access their websites....

 

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An Update on the proposed Hague Convention on Exclusive Choice of Court Agreements, Law papers (2005)

This article discusses the background to, and main features of, the Convention on Exclusive Choice...

 

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In Defence of the Doctrine of Forum Non Conveniens, Law papers (2005)

This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia,...

 

The characteristics making Internet communication challenge traditional models of regulation - What every international jurist should know about the Internet, Law papers (2005)

In order to determine why certain forms of Internet communication challenge traditional models of regulation,...

 

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A Bulletin Board is a Bulletin Board (Even if it is Electronic) – Certain Intermediaries are Protected From Liability After All, Bond Law Review (2004)

There is a range of technical possibilities for providing electronic bulletin boards on the Internet,...

 

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A very expensive box- Exactly what do you get when buying computer software "off-the-shelf"?, The National Legal Eagle (2004)

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Imagine that you go to one of the major electronics stores, or perhaps...

 

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Geo-location technologies and other means of placing borders on the ‘borderless’ Internet, Law papers (2004)

Until recently, it was frequently said to be impossible or at least pointless to attach...

 

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An introduction to jurisdictional issues in cyberspace, Law papers (2004)

Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to,...

 

Kanitz v. Rogers Cable Inc - Time to rethink Article 4 of the proposed Hague Convention?, Computer Law & Security Report (2002)

On the 22 February 2002, the Ontario Superior Court of Justice handed down its judgment...

 

At the Crossroads – The proposed Hague Convention and the future of Internet defamation, Computer Law & Security Report (2002)

This article concerns the issue of jurisdiction over Internet defamations de lege ferenda. Article 10...

 

What should Article 7 – Consumer contracts, of the proposed Hague Convention, aim to accomplish in relation to e-commerce?, Computer Law & Security Report (2001)

Currently there is a proposal for a convention regulating jurisdiction and enforcement of international judgments...

 

Books

Svantesson on the law of obligations (2009)

The second edition of Svantesson on the "Law of Obligations" provides an accessible, yet comprehensive,...

 

Internet and e-commerce law (with Jay Forder), Law papers (2008)

Internet and E-Commerce Law provides a concise yet comprehensive introduction to the laws of e-commerce...

 

Contributions to Books

Australia, Consumer protection in international private relationships / La protection des consommateurs dan les relations privees internationales (2010)

Some contemporary phenomena such as generalization of access to internet and mass tourism have strongly...

 

Unpublished Papers

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The Extraterritoriality of EU Data Privacy Law - Its Theoretical Justification and Its Practical Effect on U.S. Businesses, ExpressO (2013)

Due to its extraterritorial effect, the European Union’s trailblazing data privacy law has long been...