Trade law Part 24

Does the U.S. SAFE WEB Act Strike the Proper Balance Between Law Enforcement Interests and Privacy Interests?
Shaobin Zhu
Washington Journal of Law, Technology & Arts
Volume 5, Issue 1, Summer 2008

The Internet and advances in telecommunications technology present unprecedented opportunities for cross-border fraud and deception directed at U.S. consumers and businesses. However, the Federal Trade Commission’s (“FTC” ) ability to obtain effective relief may face practical impediments in prosecuting these cross-border wrongdoers. To help address the challenges posed by the globalization of fraud, President Bush signed the Undertaking Spam, Spyware and Fraud Enforcement With Enforcers Beyond Borders Act of 2006 (“U.S. SAFE WEB Act” or “Act” ) into law on December 22, 2006. This Article discusses the FTC’s expanded enforcement authority granted by the Act to fight fraud and deception, and particularly to fight illegal spam, spyware, and cross-border fraud and deception. Privacy advocates have voiced concern that the FTC may now have more power to invade the privacy of U.S. citizens. This Article concludes that the Act’s grant of power to the FTC is not too broad, and that the Act maintains an appropriate balance between law enforcement interests and privacy interests.

Book Review: Lazaros E Panourgias, Banking Regulation and World Trade law
European Business Law Review
Volume 19, Issue 4, 2008 p.817

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 39, Number 5, 2008

From Autonomy to Integration? International Law, Free Trade and the Environment
Lindroos, Anja; Mehling, Michael
Nordic Journal of International Law
Volume 77, Number 3, 2008 p.253-273

Democratic discussion in newspaper reporting of the Australia-United States Free Trade Agreement
Robbie Sykes
Journal of Law and Medicine
Volume 16, Number 2, October 2008 p.356

This article presents a Habermasian analysis of newspaper reporting of the debate surrounding the effect of the Australia-United States Free Trade Agreement (the FTA) on access to medicines through Australian patent law. Habermas’s concept of the public sphere is utilised in determining whether discussion within the print media adequately conveyed complex legal issues to the public and facilitated democratic discussion. It was found that newspaper reporting generally failed to meet this standard.

Implementation of International Trade Rules Governing Software Protection and Development in Four Asian Jurisdictions (Part 1)
DONALD LEWIS AND JUNLEI PENG
Computer and Telecommunications Law Review
Volume 14, Issue 7, October 2008 p.191

Given the explosion of software industry in Asia, this article intends to analyse the case law of four jurisdictions (Hong Kong, Singapore, China and Thailand), to closely examine their implementation of relevant international trade rules. The former two, having a relatively more advanced development level, are compared to the latter two in various aspects of trade restriction and intellectual property protection.

Pricing Digital Content: The Marginal Cost and Open Access Controversies
MICHAEL NWOGUGU
Computer and Telecommunications Law Review
Volume 14, Issue 7, October 2008 p.198

The Marginal Cost and Open-Access controversies have had substantial effects on the debate about the pricing of digital content. Unfortunately, all existing studies of pricing of digital content, have not explored the full ramifications of Marginal Costs and Open-Access. Contrary to some “open-access”theories in the literature, copyright law is necessary-for incentives, for trade (transfer, pledging, sale, documentation) in IP rights, and to preserve social order (to reduce crime, breaches of contracts and torts. This article introduces new elements of marginal cost analysis in the pricing of digital content; illustrates how the present mispricing of digital content contributes to illegal online filesharing; and demonstrates how the various elements of Marginal Cost analysis can be used to allocate resources for enforcement of IP rights.

The 2008 Loyola University Chicago International Law Review Symposium on the World Trade Organization-Introduction
Gregory Shaffer
Loyola University Chicago International Law Review
Volume 6, Issue 1, Fall/Winter 2008 p.1

Gabriel Moens and Peter Gillies, International Trade & Business: Law, Policy and Ethics, second edition
Review by ADAM TOTARO
International Trade and Business Law Review
Volume 11, 2008 p.444

Author: international

Mentioned in these Entries

International trade law Part 24, Trade law.