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Archive for ‘International issues’

Electronic Chattel Paper – Changing the Medium

A private correspondent writes: “Have you ever heard of any cases on electronic chattel paper that is subsequently printed out (apparently called “papering out” in the biz) and the printed version being considered as an ‘original’?”

Views? What protections are there in law or in practice to avoid duplication of a record that should be unique, or at least have a single authoritative version?

On what basis is electronic chattel paper issued or used in Canada, if at all? UCC Article 9 makes special provision for it, and negotiable electronic records generally, but Canadian e-commerce law has not followed that, . . . [more]

Posted in: International issues, Technology, ulc_ecomm_list

Internet Jurisdiction and the Microsoft Warrants

According to a news report, “Earlier this week 28 technology and media companies, 23 trade associations and advocacy groups and 35 professors of computer science filed legal papers in support of Microsoft’s opposition to US court rulings earlier this year which said that US authorities’ search warrant powers apply to customer information held outside of the US.”

I have had difficulty understanding the legal basis for Microsoft’s objection. Is it not clear that either law enforcement authorities or civil courts can require the production of documents in the custody or control of an enterprise that is located in their . . . [more]

Posted in: International issues, Technology: Internet, ulc_ecomm_list

International Standard for Treating Personal Information in the Cloud

The International Standards Organization (ISO) and the International Electrotechnical Commission (IEC) have adopted a new international standard for the protection of personally identifiable information by public cloud computer service providers.

It is intended to set out best practices for companies operating in this area, such as Amazon Web Services and Google Compute Engine.

Here is a description of the standard by a privacy advice site.

Is this likely to be helpful to your clients, either those having their information stored and treated in the cloud or those who offer cloud services? Will it influence your contracts?

In particular, will it . . . [more]

Posted in: International issues, Technology: Internet, ulc_ecomm_list

Online Dispute Resolution at UNCITRAL – Some Creativity Needed

The UNCITRAL Working Group on Online Dispute Resolution (ODR) meets next month in Vienna to continue discussion of model rules for international ODR. Here are the working documents for the meeting, and past meetings. .

The perspective of the project since its inception in 2010 has been to find a way to resolve high-volume, low-value disputes – not necessarily just consumer disputes, but many would be of this kind.

One of the problems has been to figure out a way to get both buyers and sellers into the ODR system, whatever it is (and there might be many such . . . [more]

Posted in: International issues, Justice Issues, ulc_ecomm_list

Right to Be Forgotten – the EU Justice Commissioner Chimes In

Martine Reicherts, the Justice Commissioner for the EU, has little patience with those who express concern about the ‘right to be forgotten’ as imposed by the EU Court of Justice in May of this year (without actually using the expression itself). Here is her speech and a short but very direct summary at the outset.

As you probably know, the UK House of Lords recently issued a report describing the right as ‘misguided in principle and unworkable in practice’:

Who’s right? Will the EU hurt itself by insisting on putting internet intermediaries, especially those that do not organize content, to . . . [more]

Posted in: International issues, Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list