Editorial

Trespass on the Web

Although there is a dearth of English judicial pronouncement about torts committed on or via the Internet, a number of decisions of US courts have considered the question of whether a cause of action in trespass lies against those who use and copy data from another’s Web site. Might similar results occur were such matters to be litigated here asks Helen Barnard

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Professional Services Firms Must Change

John Kay of PA Consulting Group believes that gradual but inexorable change in client expectations and the business environment means more of the same is no longer enough.

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Processing Anonymous Data

It was generally assumed that data which did not identify individuals fell outside the scope of the Data Protection Act 1998 and therefore the restrictions imposed on the use of “personal data” did not apply. However, recent legal guidance issued by the UK Information Commissioner has thrown this into doubt. Partner Nigel Wildish and assistant Marcus Turle, of the IT & E-commerce group at City law firm Field Fisher Waterhouse, discuss why data controllers may have to rethink how anonymous data are handled.

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Protection for Whom?

The Information Commission has released its controversial code of practice, which states that employers can no longer use covert ways to snoop on employeee-mail. Employers should provide staff with private e-mail and Internet accounts and cannot monitor e-mails – even if there is reason to believe they are of a personal nature. The code is designed to be a guideline for the RIP legislation. Paul Rutherford of Clearswift asks what this means for employers and employees alike? What does this mean for Internet and e-mail monitoring companies in the security arena that have products relying on this revenue income?

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SSCL Meeting Report: 21 March 2002

SSCL continued their monthly series of themed meetings, this time looking at the civil side of software industry issues. There were two speakers for the evening: Lorne Byatt looked at legal success factors from an in-house counsel standpoint, whilst Jeremy Warner focused on software licensing issues.

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Metatags and the Reed case - a few discordant notes?

The recent dispute between Reed Executive PLC and Reed Business Information Limited over the use of the mark REED on a job vacancy web site including its metatags and in related banner ads recently came before the High Court. Reed Executive triumphed and deservedly so in the view of the author, however, the reasoning employed in the case could in the view of the author result in some very unfair outcomes if followed in the future in the context of metatags.

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Developing Successful Privacy Relationships

This is Robert Waixel’s report of the Privacy Laws & Business 15th Annual International Conference. Robert Waixel is a Senior Lecturer in the Computer Science Department at Anglia Polytechnic University, Cambridge. He specialises in Computer Law in general and Data Protection Law and practice in particular.

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E-Commerce

Comments on the Draft Electronic Commerce (EC Directive) Regulations 2002 and on the Guidance Notes issued to explain them

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