Science and Technology Law Articles

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




The Impact of Constitutional Protections on E-Discovery

The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.

Regulatory Challenges Related to Mobile Gaming - Malta

Until a few years ago, a mobile phone consisted of a handheld device which enabled a subscriber to make and receive voice calls whilst mobile, as opposed to accessing the public telephony network from a fixed location. As technology progressed, however, both in terms of the handheld device, and in terms of the transmission capabilities on mobile networks, the mobile phone became a ‘smarter’ device, combining voice services with e-mail, fax and/or Internet access.

EU’s Smart Specialization Strategies Platform - Smart Growth in Europe 2020

In the European Commission’s Communication regarding the contribution of the regional policy in the area of smart growth in the Europe 2020 strategy, the central role of European regions in this process is primarily recognized.

Going Mobile: A Quick Guide to Legal Issues When Monetizing (Non-Music) Content

You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.

China's Seed Industry

  By MMLC Group
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.

Cyber Security Bill: Panacea for Cyber Crimes and Related Practices? - Nigeria

Stakeholders in Information and Communication sector recently reiterated their commitment to the passage of the anti-cyber crime bill into law.

Electronic Evidence Meets Right to Privacy in Texas Divorce Cases

There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.

An Introduction to Turkish Electronic Evidence in Civil Proceedings

Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.

Easy Steps to Protect Your Website from Being Copied

Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone.

The Computer Is a Crime Machine

Computer crimes and prosecutions on the rise: cyber espionage, theft of corporate trade secrets and identity fraud continue to increase.

Self-Incrimination in Your Pocket

California Supreme Court allows search of data stored on mobile phone without warrant.

New Law on Data Protection in Ukraine

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

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

  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

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

Why the debate is anything but neutral and why you should care.

A Recipe for Disaster

Why a magazine is in hot water over a half-baked response to alleged copyright infringement.

How to Protect Your Business against Internet Defamation

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

The author gives 5 important examples in Terms of Services.

ISP Liability for Internet Defamation

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

Why are they important to have on your website?

Domain Name Registering and Domain Name Squatting

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

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

An article about Internet Privacy, "Do not track" list, and privacy legislation.

Privacy Policies: Why Your Website Needs One

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?

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

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

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

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

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

Summarize your business plans, goals, and time frames in order to become a successful internet marketer.

What is Net Neutrality?

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

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

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

The author describes the 10 things you should know to market in Internet.

FTC and Online Advertising/Marketing

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

There is no specific regulation allowing or prohibiting online arbitration in Ukraine at the time.

Is My Domain Name a Trademark?

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"

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

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

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

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

  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?

  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...’

  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

  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

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?

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?

  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

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

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

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

  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

  By CHL Firm
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)

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

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?

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

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?

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

Please Note: This work is licensed under a Creative Commons Attribution—Non-Commercial-No Derivative Works 3.0 Greece License.

Non-Competition Clauses in Israel

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

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?

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

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

Monitoring of employee’s data messages at the workplace: What about the employee’s right to privacy?

Countering Espionage - A Modern Threat

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

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

History of the .Info Domain Name

History of .BIZ Domain Name

History of .BIZ Domain Name

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

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

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

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

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

  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

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

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

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

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

  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

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

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

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

  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

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

Cosmetic companies need to act now!

Software Protection- India's Adoption of the International Instruments

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

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.


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