The Mishpat-Update #6




Welcome to the sixth issue of the weekly Mishpat-Update, Law on

the net from http://mishpat.net



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In this issue:



1. What's New

2. Kosovo war and cyberlaw

3. Award winner review

4. Cyberlaw News



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1. What's New

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I hope all of you celebrating Easter or Passover enjoyed the vacation.

I would like to welcome the 9 new subscribers who joined the list this

week. 



This week we have added updates 4-5 to the online archive of past

issues. The Mishpat Update archive (updates 1-5) can be found at

http://mishpat.net/mailing-lists/update



Our sister site Israeli Lawyers Online (http://law-firm.co.il) is down

for construction (a new database software and a new design). Hopefully

it will be up again by next thursday (April 15). I'll update you next

week regarding how this project comes along.



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2. Kosovo war and cyberlaw

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Although the war in Kosovo has no direct connection to the contents of

the Mishpat Update, the following 2 news stories show that a connection

exists between the war and cyberlaw (hacking and privacy issues).



NATO Web (http://www.nato.int/) site was attacked by hackers traced to

Belgrade (the Yugoslavian capital).

http://www.computerworld.com/home/news.nsf/CWFlash/9904025kosovo



Even using anonymizing programs, Kosovo e-mail privacy is at risk and

this lack of privacy could be life threatening. 

http://www.computerworld.com/home/news.nsf/CWFlash/9904025kosovo





I must also mention that UNICEF-USA recently launched a website to

provide the latest news and updates on its humanitarian relief efforts

in Kosovo and in neighboring countries (more than 500,000 refugees!).

The site, located at http://www.unicefusa.org/kosovo,  provides status

reports, updated information on UNICEF's  relief efforts, and a secure

online donation form where visitors can help provide urgently needed

assistance. 







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3. Award winner review

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This section is devoted to sites that won the Mishpat Award for legal

sites. To apply for the award or view the winning sites, visit

http://mishpat.net/awards



Site Name:

ABA Project on Internet Jurisdiction



URL:

http://www.kentlaw.edu/cyberlaw/



Description:

ABA Project on Internet Jurisdiction sponsored by Chicago-Kent College

of Law and the Section of Business Law of the American Bar Association



Site review

This site deals with different aspects of jurisdictional issues raised

by the growth of global electronic commerce. Jurisdiction is one of the

basic problems in cyberlaw since it is difficult to decide where an

action in cyberspace really took place. 



A simple example may help explain the problem: I am an Israeli citizen

living in Israel, I run an international site on a server that is

physically located in the United states (Texas). On one of the pages, I

post an article defaming a French company. The question is: who's law

governs? The posting action was written in Israel, technically the

message was posted in the US but it was accessible from all over the

world including France. Can the French company sue me in France? Does

it make any difference if I posted the defaming message in my

newsletter in which I know there are French subscribers (.fr

addresses)?



As this example has shown, the question of jurisdiction is a basic one,

underlying almost any cyberlaw issue (who can impose tax on a

transaction? where was the criminal offense committed? etc.).

Hopefully, a future article in Mishpat Update will try answering these

questions. In the meantime you can visit ABA's online jurisdiction

initiative.



The ABA project links to articles, relevant cases and legislation

available online. The issues covered include: advertising, consumer

protection, intellectual property, payment systems, banking, privacy,

sales of goods, public law, taxation and more. 



Highly recommended.

http://www.kentlaw.edu/cyberlaw/



To apply for the Mishpat Award or view the winning sites, visit

http://mishpat.net/awards





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4. Cyberlaw Updates

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Each week Mishpat-Update brings you the latest news about

online and computer law, with links to the full reports available

on the web.

A hebrew version, updated biweekly is available at:

http://mishpat.net/cyberlaw-update/heb.html





* Wal Mart and Amazon settle *

Wal-Mart the giant retailer, has agreed to settle a lawsuit against

Amazon.com in which they have accused the Internet bookseller of having

poached Wal-Mart's workers in order to learn about its computer system

(reported in Mishpat Update #2). Amazon and its drugstore.com

subsidiary agreed to reassign former Wal-Mart executives and

consultants to jobs that do not involve their  expertise with

Wal-Mart's computer merchandising system.

http://www.internetnews.com/bus-news/article/0,1087,3_92341,00.html

http://www.nytimes.com/library/tech/99/04/biztech/articles/06walmart.html

(Free registration with the NY Times required)



* Trademark dispute between Intel and a porn site *

Blue Door, which sells adult videos and sexual devices online, claims 

that Intel's latest print and TV ads which feature a large blue door

with "Intel Inside" emblazoned on it-- infringe upon trademarks

protecting Blue Door's business name and company symbol, which  is,

naturally, a blue door.

http://www.news.com/News/Item/0%2C4%2C34563%2C00.html?dd.ne.txt.0402.11





* Suspected Melissa Virus Creator Caught *

David L. Smith, the suspected creator of the e-mail virus Melissa was

arrested in New Jersey. The virus uses a combination of Microsoft's

Outlook and Word programs to spread the virus, taking advantage of

users' email address book entries in order to appear familiar, as if

coming from a known person. AOL tipped the New Jersey attorney

general's office regarding the virus's originator. After search

warrants were obtained, authorities traced the phone lines to Smith's

apartment and came to the conclusion that the virus had come from it. 

http://www.lawnewsnetwork.com/practice/techlaw/news/apr/e040599a.html

http://www.news.com/News/Item/0%2C4%2C34579%2C00.html?dd.ne.txt.0402.02

http://www.news.com/News/Item/0,4,34650,00.html?st.ne.140.head

http://www.internetnews.com/bus-news/article/0,1087,3_91711,00.html





* DOJ appeals COPA ruling *

The Justice Department filed an appeal regarding a ruling that blocked

enforcement of the Child Online Protection Act (COPA), aimed to

curb children's access to online material deemed "harmful" to

minors. The reasoning for blocking COPA was that it imposes a burden on

speech that is protected for adults.

http://www.news.com/News/Item/0,4,34597,00.html?st.ne.fd.gif.j





* Software company sues online critics *

Phoenix International Ltd. filed a lawsuit claiming defamation and that

the messages caused their stock price to drop. The defendants are

various nicknames used on Yahoo! chatrooms/ bulletin boards. Phoenix

has issued subpoenas for Yahoo! records, demanding that the company

disclose the names of the chat room participants. Some of the messages,

many of which are critical of Bahram Yusefzadeh, the company's

chairman, appear to be employees and former employees.

http://www.sjmercury.com/svtech/news/breaking/ap/docs/312323l.htm





If you know of any cyberlaw updates, please send them to

mailto:news@mishpat.net



That's all for this time,

see you next week



Yedidya M. Melchior 

Editor
The Cyberlaw Informer
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