Copyright (c) 2009 All rights reserved. http://works.bepress.com/dan_svantesson Recent documents in Dan Svantesson en-us Fri, 25 Sep 2009 23:50:13 PDT 3600 http://works.bepress.com/dan_svantesson/26 http://works.bepress.com/dan_svantesson/26 Thu, 24 Sep 2009 21:49:51 PDT Recent developments indicate that Australia may be ready to recognise an action for interference with privacy. Similar progress can be seen in some other countries. When such an action is recognised, whether in the form of a new tort or in the form of a statutory action, it will doubtlessly give rise to conflict of laws questions. A person in one state will perceive that her/his right to privacy has been violated by a person or organisation in another state, and questions as to where she/he can sue the other party, and which law will be applicable, will become relevant. Such scenarios are particularly likely to occur in the Internet context. This article examines those, and related, questions. In doing so, focus is placed on Australian law and particular emphasis is placed on the action's application in relation to Internet conduct. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/25 http://works.bepress.com/dan_svantesson/25 Thu, 24 Sep 2009 21:49:49 PDT Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to, any website that can be accessed from a computer located in its territory. The response would perhaps be outrage from some. Others would point to the ineffective nature of such a rule, and yet others would perhaps view the model as infeasible. Indeed, when the Advocate-General's office of Minnesota in the mid 90's issued a statement that: '[p]ersons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of state criminal and civil laws', it was met with strong criticism. Against this background, persons unfamiliar with private international law (or as the discipline is referred to in common law systems, conflict of laws) might be surprised to find that many, not to say most, states' private international law rules do in fact provide for jurisdictional claims over any website that can be accessed in its territory, in relation to a wide range of legal matters. Similarly, many, not to say most, states' private international law rules do provide for the court to apply the law of the state where the court is located in many situations where jurisdiction is being exercised over a foreign website. This article examines the issues associated with the application of private international law to online activities. In doing so, the four interconnected elements of private international law; jurisdiction, choice of law, the courts' option of declining jurisdiction and recognition and enforcement are examined. Examples and experiences are primarily drawn from Australia, and particular focus is placed on the Internet defamation dispute between US publishing giant, Dow Jones & Company Inc, and Victorian businessman, Joseph Gutnick. However, non-Australian materials, particularly from the European Union (i.e. community instruments), the People's Republic of China and the United States of America, are relied upon. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/24 http://works.bepress.com/dan_svantesson/24 Mon, 10 Aug 2009 21:55:21 PDT For a period of time, the Internet has been seen as a virtually borderless communications medium, making it possible to think of a world not divided by geographical, political, cultural or even linguistic borders. However, the Internet is changing rapidly, continuously and substantially. The Internet of today is radically different to the Internet of five, ten or twenty years ago. Indeed, today, it is getting difficult to view the Internet as borderless. So-called geo-location technologies - technologies making it possible for Internet actors to identify the geographical location of those they come into contact with - challenge the Internet's borderless nature. Drawing upon examples taken from the interaction between the law and geo-location technologies, this paper examines the challenges associated with the regulation of rapidly developing technologies. More specifically, focus is placed on such challenges in the context of Internet regulation. Dan Jerker Borje Svantesson http://works.bepress.com/dan_svantesson/23 http://works.bepress.com/dan_svantesson/23 Mon, 10 Aug 2009 21:55:20 PDT Geo-location technologies allow website operators to identify the geographical location of those who visit their websites. Having knowledge of an access-seeker's geographical location means that they can provide content targeted to that location. This has several uses. For example, it enables the website operator to: I. Provide advertisements relevant for the access-seeker's particular location; II. Restrict access to content that may be unlawful in certain jurisdictions; III. Restrict access to content that the website operator is licensed to provide only in a limited geographical area; and IV. Avoid entering into transactions with people from locations known to be "fraud hot-spots". The accuracy of geo-location technologies is obviously of fundamental importance for all these uses. However, the consequences of providing advertisements aimed at the wrong location may be far less serious than, for example, failing to restrict access to content that the website operator is licensed to provide only in a limited geographical area. In situations where a website operator seeks to rely on the use of a geo-location technology to argue that it has met its legal obligations, the accuracy levels of the geo-location technology used may indeed be determinative. Having provided a brief overview of how geo-location technologies work, this paper examines how accurate they are. As part of that discussion, recommendations are made for how courts ought to approach the use of geo-location technologies. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/22 http://works.bepress.com/dan_svantesson/22 Mon, 10 Aug 2009 21:55:19 PDT Internet and E-Commerce Law provides a concise yet comprehensive introduction to the laws of e-commerce and the Internet. It starts with an introduction to the Internet, e-commerce and the legal system, and progresses logically through relevant areas of law, ranging from commercial issues, such as contract formation and consumer protection, to intellectual property, policy and regulatory issues, such as copyright, spam and computer crime. The text is written in a friendly, easily digestible style, with a focus on the overriding principles of the law. This approach makes it suitable for a broad range of students, including those with limited background knowledge of the law. With suggestions for further reading in each chapter, and an online resource centre providing sample questions and references to more supplementary reading, the text is equally useful as a springboard for deeper study of specific topics. Internet and E-Commerce Law is an essential text for business, law and information technology students studying this subject. Jay Forder http://works.bepress.com/dan_svantesson/21 http://works.bepress.com/dan_svantesson/21 Thu, 14 May 2009 18:18:25 PDT This article illustrates how borders currently are being placed within the Internet through a combination of jurisdictional claims and technical developments. It makes clear that these borders are transforming the Internet from an open, and virtually global, communications network, into something that more resembles our physical world divided by borders of different kinds. It submits that, in light of the threat of such an undesirable development, we must re-examine the possibility of treating the Internet as a separate space. Such a space must be approached in a context-specific manner. In other words, we must deal with each legal issue separately. Furthermore, if states ever are to be inclined to give up their claims to regulating the Internet, alternative forms of regulation must be put in place; relying on self-regulation is not an option today. In addition, an appropriate judiciary must be put in place, and effective enforcement must be ensured.Focusing on Internet defamation, the article highlights how a well-recognized regulatory framework is already in place through the International Covenant on Civil and Political Rights, and that an adjudicative body exists in the United Nation's Human Rights Committee. Drawing upon these existing mechanisms, a Convention Model to regulate cross-border Internet defamation arising out of mass-communication is presented. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/19 http://works.bepress.com/dan_svantesson/19 Thu, 14 May 2009 18:18:24 PDT When people wish to take legal action in relation to damage suffered due to medical procedures carried out overseas, they are faced with complex issues. First, in which country can they sue? Second, which country's laws will govern the dispute? And third, where can a potential favourable judgment be enforced? This article examines these private international law issues in the context of medical tourism. In doing so, particular emphasis is placed on investigating the private international law issues that would arise if an Australian citizen wanted to take action against a foreign provider of medical services, in relation to services rendered overseas. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/20 http://works.bepress.com/dan_svantesson/20 Thu, 14 May 2009 18:18:24 PDT Introduction:Imagine trying to access you favourite website, and when doing so, being greeted by a message along the lines of: "We know you are in Sydney (Australia). This website is only intended for the people of Norway."While having gained little attention so far, technologies making such a scenario possible already exist, are already in use, and the spread of their use is rapidly increasing. Although the so-called geo-location technologies that make this kind of geographical 'borders' possible can be circumvented, we are doubtlessly witnessing the Internet undergoing a remarkable change - from the world's first and only 'borderless' communications medium to something that much more resembles our physical world divided by borders of different kinds. This has enormous consequences as we are losing one of the greatest benefits of the Internet, its ability to allow people to communicate across borders.This article examines how, and to what extent, these technologies work. Further, the legal implications of these technologies are discussed, and a few observations are made as to the likely effect these technologies will have on the future structure of the Internet. Dan Jerker B Svantesson http://works.bepress.com/dan_svantesson/18 http://works.bepress.com/dan_svantesson/18 Thu, 14 May 2009 18:18:23 PDT Extract: The masses of materials currently making up the Australian law may cause those applying it to feel uncertain as to whether they have consulted all relevant materials. Further, the law is difficult to teach and it is certainly outside the reach of the lay persons. Looking at these issues through the lens of contract law, * this article argues that Australian law, and ultimately the Australian people, would benefit considerably from the codification of a range of areas of law. * See footnoteš in the Introduction. Dan Jerker B. Svantesson http://works.bepress.com/dan_svantesson/17 http://works.bepress.com/dan_svantesson/17 Thu, 19 Feb 2009 10:44:35 PST In determining the questions of jurisdiction and choice of law in defamation cases, Australian law focuses on the location of 'publication'. Such an approach is associated with the risk of an unsuitably wide reach of Australian jurisdiction and laws.Through the application of a six-step model, outlining the sequence of events potentially resulting in harm in cases of defamation, this article examines the possibility of focusing on some other location. Advantages and disadvantages of each identified step are discussed. The conclusion reached is that, despite the problems associated with the Australian approach, no better focal point exists. However, the article also concludes that there is a range of avenues for addressing and minimising the problems associated with the Australian approach. Dan J B Svantesson