Science and Technology Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Science and Technology.



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Self-Incrimination in Your Pocket

  March 5, 2011     By John T. Floyd Law Firm
California Supreme Court allows search of data stored on mobile phone without warrant.

New Law on Data Protection in Ukraine

  January 25, 2011     By Frishberg & Partners
After years of paralysis, Ukrainian business-related legislation is undergoing major changes. For instance, a new tax code came into effect in the New Year, and we can already hear the protests associated with the proposed new labor code. Meanwhile, completely undetected, a new law has quietly entered into force on January 1, 2011, entitled the Law of Ukraine No. 2297-VI “On Protection of Personal Data”, dated June 1, 2010 (hereinafter the “PDP Law”).

E-Justice

  January 21, 2011     By Andreas Neocleous & Co LLC
E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.

Legal Issues Associated with Cloud Computing in China

  November 23, 2010     By MMLC Group
This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.

Penny Auctions: Legalities and Realities

  November 21, 2010     By Aaron Kelly Law
Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. The basis of their appeal from the bidders' point of view is the old something for nothing. If all goes right and their bid is the winner, then they've managed to get valuable items for dirt cheap. But it's harder to figure out the attraction from the site owner's perspective.

Net Neutrality

  November 21, 2010     By Aaron Kelly Law
Why the debate is anything but neutral and why you should care.

A Recipe for Disaster

  November 21, 2010     By Aaron Kelly Law
Why a magazine is in hot water over a half-baked response to alleged copyright infringement.

How to Protect Your Business against Internet Defamation

  November 21, 2010     By Aaron Kelly Law
The Internet is, as the cliché goes, "a marketplace of ideas." Whether a person has an opinion on politics, commerce, or even the show they saw on TV last night, there is always a forum to spread their opinion on, and that opinion will be available worldwide.

Crucial Elements of a Terms of Service Agreement

  November 21, 2010     By Aaron Kelly Law
The author gives 5 important examples in Terms of Services.

ISP Liability for Internet Defamation

  November 21, 2010     By Aaron Kelly Law
Defamation is a serious problem on the Internet. For the same reason that the Web has become a great tool for research and mass dissemination of information, it has also become a tool for those who would seek to defame others.

Terms of Service: Why You Need Them on Your Website

  November 21, 2010     By Aaron Kelly Law
Why are they important to have on your website?

Domain Name Registering and Domain Name Squatting

  November 21, 2010     By Aaron Kelly Law
Suppose you have an inside lock on the world's best widgets. Not now, but at some point in the indeterminate future, you intend to create an Internet e-commerce site from which you'll sell them.

Penny Auctions: The Legalities and Realities

  November 21, 2010     By Aaron Kelly Law
Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. You've seen their ubiquitous banner ads, perhaps without knowing what they are: 95% off Apple iPad 64GB! 46 inch flatscreen LED HDTV for less than a hundred dollars! Why pay full price for a SONY Playstation?

Internet Privacy - New Legislation

  November 21, 2010     By Aaron Kelly Law
An article about Internet Privacy, "Do not track" list, and privacy legislation.

Privacy Policies: Why Your Website Needs One

  November 21, 2010     By Aaron Kelly Law
Privacy Policies are an important part to any website. A good privacy policy, drafted by an internet lawyer, seeks to protect against unauthorized access to the site, as well as the collection, use, and disclosure of any information of the end user. Interestingly enough, the right to privacy is nowhere in the United States Constitution. Nonetheless, the right to privacy has been shaped by the Court system as well as the internet.

How Does the FTC Affect Online Business?

  November 21, 2010     By Aaron Kelly Law
Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

Policies and Procedures for Online Businesses

  November 21, 2010     By Aaron Kelly Law
Understanding the online business world can help you build value for your business. From the founding of your company, and every day thereafter, you should be thinking about maintaining a presence online and building relationships that will be of value. Each move you make can make your company more or less valuable. This advice applies to both local businesses and those wishing to operate in the global market.

Putting Your Business Online? Untangle the Legal Web First

  November 21, 2010     By Aaron Kelly Law
The internet has been instrumental in helping businesses grow. Before putting your business on the internet, it is important to make sure you are complying with the law. There is a growing consensus that there is a quasi-relationship between every website owner and its visitor or viewer. Some of these duties are statutory, while others are contractual.

SaaS Law and SaaS Agreements

  November 21, 2010     By Aaron Kelly Law
Software as a Service (SaaS), or sometimes known as cloud computing, has been hailed as the next level of modern software. SaaS offers significant advantages to businesses and consumers alike, both in its cost and ease of use. This article will provide a basic overview of SaaS and SaaS law and why developers and end users alike need to understand the role an SaaS attorney plays in this new software.

FTC Compliance for Bloggers and Internet Marketing

  November 21, 2010     By Aaron Kelly Law
Lately there have been many questions from our clients in the internet marketing and blogging industry about the new Federal Trade Commission Guidelines. Specifically, whether an affiliate marketer or blogger must disclose certain information on their web page, and if so how the disclaimer must be presented. This article will highlight several portions of the new guidelines and offer a framework for clients in how to disclose certain information on their websites.

10 Things Every Internet Marketer Should Know

  November 21, 2010     By Aaron Kelly Law
Summarize your business plans, goals, and time frames in order to become a successful internet marketer.

What is Net Neutrality?

  November 21, 2010     By Aaron Kelly Law
From its inception, the promise of the Internet has been parity. The Internet is fundamentally democratic. It does not discriminate between packets of information. It allows you to access the website of that tiny independent bookstore around the corner just as quickly as you access Amazon.com. It does not filter out access to digital forums where unpopular ideas or opinions are expressed. It does not transmit MSNBC content any more efficiently than it relays content from Fox News.

Section 230 of the CDA and Website Immunity

  November 21, 2010     By Aaron Kelly Law
The Communications Decency Act, found in Section 230 of Title 47 of the US Code, was enacted in 1996 to provide website operators with immunity for third-party content. At the time, Section 230 seemed like the best approach to help the internet grow, as several court cases threatened to put many service providers such as AOL and Prodigy out of business. Yet, Section 230 of the CDA has caused many unintentional problems that, at the time, were probably never contemplated.

Mining Evidence under the California Electronic Discovery Act

  November 17, 2010     By Walzer & Melcher LLP
Now that California has adopted procedures for conducting E-Discovery, requests for electronically stored information (ESI) should be part of a routine discovery plan. Getting ESI in electronic form is better than paper because it contains more information, is easier to use and distribute, and eliminates wasteful printing. This article gives practice tips on conducting E-Discovery in California.

10 Things Every Internet Marketer Should Know

  October 13, 2010     By Aaron Kelly Law
The author describes the 10 things you should know to market in Internet.

FTC and Online Advertising/Marketing

  October 13, 2010     By Aaron Kelly Law
Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

Linguistic Dispute: Perversion of Online Arbitration Concept in Ukraine

  October 12, 2010     By Cai & Lenard
There is no specific regulation allowing or prohibiting online arbitration in Ukraine at the time.

Is My Domain Name a Trademark?

  October 4, 2010     By Jaburg Wilk
Is My Domain Name a Trademark? This is not only a common legal question but also a great question as the answer is - it depends! A domain name simply is an address on the Internet.

What About that Fine Print? Website "Terms of Use" and "Privacy Policy"

  October 4, 2010     By Jaburg Wilk
Whether your business has always been Internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."

Telecomms Regulators to Require SIM Card Registration to Curb Cell Phone-Related Crimes - Nigeria

  September 24, 2010     By Blackfriars LLP
The recent direction by the Ministry of Information and Communications to the effect that all mobile telecoms operators selling new Subscriber Identification Module (SIM) cards must obtain the data of prospective subscribers and that all previously obtained SIM cards must be registered without delay is no doubt a good policy aimed at reducing the incidents of technology related crimes.

Hidden Camera Detectors Take On High-Tech Voyeurs

  June 29, 2010     By North American Investigations
New Yorkers Among Many Across Country Fed Up With The Notion That Someone Could Be Watching

Chemical Burn Injury Treatment

The best way to avoid chemical burn injuries is through prevention. All chemicals should be properly labeled and stored, whether they are in the home or the workplace.

China Clarifies Procedures of Tax Refund and Exemption for Foreign-invested Research and Development Centers

  May 13, 2010     By Guo Lian Law Firm
On 22 March 2010, China’s Ministry of Commerce, Ministry of Finance, General Administration of Customs and the State Administration of Taxation jointly issued Circular on Measures of Qualification Review for Tax Refund and Exemption Granted to Foreign-invested Research and Development Centers concerning Equipment Purchases to clarify the procedures that foreign-invested R&D Centers shall follow when claiming refund or exemption of import taxes imposed on purchase of equipment.

China’s Anti-Monopoly Bureau - Decision to Approve HP’s Acquisition of 3Com

  April 25, 2010     By MMLC Group
HP and 3Com Corporation (3Com) announced in November 2009 that they had entered into a definitive agreement under which HP will purchase 3Com, a leading provider of networking switching, routing and security solutions, at a price of $7.90 per share in cash or an enterprise value of approximately $2.7 billion. The Chinese government approved this transaction in early April 2010.

PCI DSS: Is Your Company Compliant?

  April 7, 2010     By Lorenz
The Payment Card Industry (PCI) Data Security Standards (DSS) is a set of comprehensive requirements for enhancing the data security of customer details from card transactions. Find out why every company that is accepting online debit or credit card payment should be aware of these standards.

‘Dear valued customer, we regret to inform you that your data has been compromised...’

  November 23, 2009     By Lorenz
Paving the way for new standards in data security, on October 26, 2009, the Council of the European Union approved the directive amending Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “Directive”).

An Introduction to China's Biotech Industry

  November 15, 2009     By MMLC Group
China has just seen double-digit growth in its biotechnology industry and has gone from being one of the slowest to one of the fastest nations in the adoption of new biotechnologies. By 2010, the Chinese biotech market is projected to reach US$9 billion. This article gives a snapshot of the industry and major laws.

Telecommunications Law in Cameroon

  September 12, 2009     By Henry, Samuelson & Co.
Telecoms activities in Cameroon is administered by the Ministry of Posts and Telecommunications. But since communications is the knot which ties both the national and international business community together, the government in 1982 set up INTELCAM, a structure with a business outlook. While this state corporation managed international telecommunications activities, ACTEL was created alongside to take care of the internal telecommunications network.

Are Your Cell Phone Conversations Secure?

  September 4, 2009     By Resolution Assurance Group
Eavesdroppers, thieves and hackers are all out there -- but you can prevent them from accessing your secrets.

Belgian Consumers To Pay For Privacy Unfriendly Data Retention Measures?

  August 19, 2009     By Lorenz
Jan Dhont comments on new data retention bill announced by the Belgian Ministry of Justice. “The proposed data retention requirements risk to violate consumer’s privacy and comes with a high cost. Belgian consumers are likely to pay twice for unpopular and privacy-unfriendly measures”, Mr. Dhont says.

U.S. Supreme Court Declines to Review Important Copyright Case Involving Legality of Remote Storage DVR Systems

  August 5, 2009     By Allen M. Lee, Attorney at Law
On the final day of its term, the U.S. Supreme Court declined to review an important copyright case involving the legality of “remote storage digital video recorder” (“RS-DVR”) systems. At issue in the case was whether Cablevision’s RS-DVR system directly infringed on the copyrights owned by plaintiff content providers, which included Hollywood studios and television networks such as Twentieth Century Fox, University City Studios, Paramount Pictures and Disney.

Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files

  July 19, 2009     By Law Office of Roman Amaguin
Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.

Hospital Employee's Misuse of Personal Health Information: a Wake Up Call for Hawaii Employers

  June 24, 2009     By Law Office of Roman Amaguin
Hawaii employers covered by HIPAA should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization.

EU Introduces Information Security Breach Notification Requirements

  June 14, 2009     By Lorenz
With the proposed amendments to the Electronic Communications Privacy Directive 2002/58 (hereinafter: “E-Com Directive”), the European Union is setting its first steps towards introducing information security legislation in Europe.

IP Telephony Vs. Traditional Telecom Systems

  June 11, 2009     By CLF International
A large shift is underway in the telecommunications industry; many customers are transitioning from traditional telephone systems or Analog Communications [1] to Internet packet-based networks or VoIP.

Legal Knowledge Management (A Knowledge Manager’s Perspective)

  May 26, 2009     By Jayadeep Hari & Jamil
In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained natively within documents and individuals’ minds. The term specifically includes the development of standard forms, tools, and templates to streamline the delivery of service. This definition is quoted from the LKM White Paper One entitled: “Legal Knowledge Management A Holistic Model” dated April 2003.

Cyber Crime Top 10 Dos & Don’ts

  May 14, 2009     By Seltzer Law, PA
Cyber crime is on the rise. That may not be a novel or new statement, but what is novel and new is the way that law enforcement, attorneys and judges are dealing with this new area of the law. Unlike the categories of the law that we’re used to, like family or bankruptcy, cyber law isn’t a body of law unto itself, but a collection of laws regulating how people behave when they use computers, networks and the Internet. It frequently also draws on both state and federal law.

Hawaii Employment Law and Litigation Basics: How do I Draft a Litigation Hold Policy and Implement a Plan for Electronic Discovery?

  May 10, 2009     By Law Office of Roman Amaguin
Electronic evidence is quickly evolving into one of the most difficult areas of litigation to navigate. Hawaii businesses, especially human resource managers in employment disputes, must understand that it is extremely important to work closely with counsel to determine the extent of their discovery obligations.

Ten Legal Tips for your Internet Business in Spain

  May 6, 2009     By Bytes and Legal
This article summarizes some of the most important legal tips that every Internet entrepreneur should take into account for their online businesses in Spain, and to help them understand such legal risks, a key point in keeping their business healthy and profitable.

What is Sexting?

  April 29, 2009     By John T. Floyd Law Firm
Sexting Among Children; Criminal Behavior or Brash Sign of the Times

Fencing Copyrighted Content Off in the Digital Age - A Case for Trusted Computing - Greece

  March 21, 2009     By Valmas & Associates
Please Note: This work is licensed under a Creative Commons Attribution—Non-Commercial-No Derivative Works 3.0 Greece License.

Patent Term Extensions and Restoration under Costa Rican Legislation

  March 17, 2009     By Asesores Legales en Propiedad Industrial
This article discusses TRIPS-plus provisions in Costa Rican patent law, granting patent holders the possibility to request term extensions and restoration as a result of delays in the registration process or relating to effective patent term loss due regulatory approval of certain pharmaceutical products.

Non-Competition Clauses in Israel

  March 17, 2009     By Livnat, Mayer & Co.
Employers in the Hi-Tech sector are concerned about “hitting a homerun” before any competitor does so. A significant aspect of that concern is that their own employees could, utilizing knowledge and/or skills acquired in the course of their employment, either join a competitor or start up their own competing business. The “Non-competition Clause” has, therefore, become an integral provision in employment agreements.

Landing Permits for Trans-Continental under Sea Optic Cables in West Africa: Challenges for Telecommunications Outfits

  January 31, 2009     By Blackfriars LLP
There is a paucity of fibre optic capability in the West African telecommunications industry. In addition to widening the digital divide between Africa and the rest of the world, this situation has resulted in slower Internet connections and expensive telecommunications facilities in the sub-region.

Can Law Keep up with Technology?

  January 2, 2009     By Markland Hanley
Science and technology is advancing at a breakneck pace. With each passing day, new technologies and advancements make our world easier, safer and point toward a brighter future. But with each advancement and innovation, legal issues arise.

How to Succeed in Negotiations for Investment in High-tech Companies

  December 10, 2008     By Moshe Kahn Advocates
How to Succeed in Negotiations for Investment in High-tech Companies. Some Helpful Advice for Both the Entrepreneur and the Investor

Monitoring of Employees Electronic Communication

  November 20, 2008     By Couzyn, Hertzog & Horak
Monitoring of employee’s data messages at the workplace: What about the employee’s right to privacy?

Countering Espionage - A Modern Threat

  November 5, 2008     By International Intelligence Limited
Corporate Espionage was once thought of as a risk that only affects the richest of companies in high-risk sectors or emerging markets, the latest trends suggest that this is far from the truth.

Alternative Domain Name Dispute Resolution

  October 28, 2008     By The Law Offices of Michael D. Stewart
The United States Government, in its June 5, 1998 Statement of Policy on the Management of Internet Names and Addresses (the “White Paper”), called for the privatization of the DNS “in a manner that allows for the development of robust competition and that facilitates global participation in the management of Internet names and addresses.”

.Info Domain Name

  October 28, 2008     By The Law Offices of Michael D. Stewart
History of the .Info Domain Name

History of .BIZ Domain Name

  October 28, 2008     By The Law Offices of Michael D. Stewart
History of .BIZ Domain Name

The New Country of Origin Labeling Law (COOL) and How it Will be Applied

  October 25, 2008     By The Law Offices of R. Sebastian Gibson
This article discusses and explains the new Country of Origin Labeling Law (COOL) and describes the impact COOL will have on shoppers, food producers and retailers. The author also unwraps what foods the law covers and what foods and retailers are not regulated by this new law.

Internet Privacy, Internet Hackers and the Law

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
This article looks at internet privacy and recent internet hacking crimes involving public figures. The author provides some safety tips and shows how easy it is for anyone's private information to be obtained by hackers.

An Inside Look At What Biotechnology Can Do For Mankind

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
This article examines what biotechnology is and how it relates to the medical field, agriculture, bio processes, industry and the aquatic field. The author notes that as the planet becomes more polluted and more in need of clean water and food, the field of biotechnology will become even more important.

The Effect on Natural Resources and Oil Drilling in California From The Lifting of the Ban on Offshore Drilling

  October 17, 2008     By The Law Offices of R. Sebastian Gibson
This article examines what will be the effect of the lifting of the ban on offshore drilling in California and shows why the “Drill Now” movement is not likely to produce a single extra barrel of oil from new offshore drilling platforms off the coast of California.

Virtual Property in Greater China

  October 13, 2008     By MMLC Group
This article looks at the legally complex area of virtual property ownership in Greater China. It is the writer’s view that new laws need to be developed to recognize and cope with the virtual property, noting that some regions in Greater China have been willing to do this already.

Software Patents in India

  October 10, 2008     By Aswal Associates
India, like the European Union, does not allow patents for inventions related to software. The relevant provision under the Indian Patents Act dealing with software reads as: Chapter II, Inventions Not Patentable. 3. What are not inventions; the following are not inventions within the meaning of this act, (k) a mathematical or business method or computer program per se or algorithms.

Supreme Court Allows Appeal of Entertainment Network (India) Ltd. “Radio Mirchi” and Refers Matter Back to Copyright Board for Compulsory License

  October 10, 2008     By Aswal Associates
Supreme Court allowed appeal of M/s Entertainment Network (India) owner of FM Radia “Radio Mirchi” Ltd against M/s Super Cassette Industries Ltd owner of “T-Series” brand and referred the matter to Copyright Board for reconsideration on merits.

A Preview of New Technologies that May Be Here in the Future

  October 6, 2008     By The Law Offices of R. Sebastian Gibson
This article discusses some possible new technologies for the future that will face difficult tests but which could be some of what the future holds in store for industry. The article also discusses the changes we may soon see as energy research goes into high gear and how it could help prevent auto accident injuries.

Telecommunication Laws and Regulations - The Cyprus Aspect

  October 1, 2008     By Harris Kyriakides LLC
Following public consultations and public hearings, Cyprus had undertaken all necessary initiatives in order to complete the liberalization process in the telecommunications sector and the harmonization with the acquis communautaire within the period of 2002 and 2003.

Data Protection and Privacy Issues in China

  July 24, 2008     By MMLC Group
Privacy rights have been available to Chinese citizens under the Constitution and other legal regulations since the 1980's. However, due to the size and strength of government, as well as a general reluctance in the past to litigate, the laws have not been tested to a great extent. The legislature is in the process of developing broader privacy rights under a Civil Code.

Control and Inspection of Databases - Argentina

  June 25, 2008     By Canosa Abogados
On June 4th, 2008 the Official Gazette published Disposition Number 5/2008 (the “Disposition”) of the National Direction for the Protection of Personal Data (the “NDPPD”), that sets the rules and proceedings for inspections and controls over registered databases according to those faculties granted by Law N° 25.326 of Protection of Personal Information and its regulatory Decree to the NDPPD.

Electronic Wills - South Africa

  June 13, 2008     By Couzyn, Hertzog & Horak
The new age of technology has exponentially grown and allows for the transmission of various data messages from personal computers to portable devices such as hand held palmtops, cell phones and other electronic peripherals. It has become apparent through the recent years that there has been an increase in private and commercial activity on both the Internet and other telecommunication platforms.

IP/NT Law: Can the Google Adwords System Be Counterfeiting? French Supreme Court Raises Three Questions to the ECJ

  June 10, 2008     By IFL Avocats
French supreme Court raises three questions regarding the existence of counterfeit with the commercial link system. An interesting decision has been rendered by the French civil Supreme Court on the 20th of May 2008 (Commercial chamber n°06-15136) who has raised several questions to the European Court of Justice regarding the existence of a counterfeit by use of a commercial link system such as "Adwords" developed by Googl

Reduce E-mail Spamming

  March 29, 2008     By Hg.org
Most of us have E-mail accounts that get attacked by spammers. These tips will help you reduce the amount of spam in your email.

New Developments in Patent Protection for Medical Uses in Vietnam

  March 13, 2008     By Trung Thuc JSC
It would be of high interest for worldwide patent practitioners and patent right owners that medical uses have recently been subject to rejection for patent protection in Vietnam. This writing is intended to provide readers with brief information concerning this development.

Singapore Implements the ASEAN Cosmetic Directive

  February 19, 2008     By Patrick Mirandah Co.
Cosmetic companies need to act now!

Software Protection- India's Adoption of the International Instruments

  December 26, 2007     By PSA, Legal Counselors
Software is a product of human intellect and can be rightly termed as “intellectual property.” Considering the very vital role it plays in today’s world economy and development, protection of software is a very crucial issue. There has been a demand worldwide for the protection of software.

Realtime Court Reporting Yields Advantage

  December 18, 2007     By Hahn & Bowersock
Time was when court transcripts took weeks to deliver and those involved in legal proceedings had to rely on note taking to capture day-to-day courtroom action. Now judges, attorneys, jurors and litigants are driving demand for reliable court testimony and deposition records -- right at their finger tips, right before their eyes and right away.