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Updated 11 October 2002

The Cyberspace Law and Policy Series 2002
Continuing Legal Education Conference on

International Dimensions of Internet and e-Commerce Regulation

Held on 24 and 25 October 2002 at the Grace Hotel, Sydney

About the conference
Programme: Day 1 Day 2
Details and fees
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About the conference

Internet and online activities have often been seen as intrinsically global in nature, challenging the reach of national laws (hence the term Cyberspace). This event explored the various international regimes that purport to govern the Internet and e-commerce, and investigated recent examples where there is particular tension between differing conceptions of governance and the rule of law.

This was the latest of a series of continuing legal education conferences run by the Baker & McKenzie Cyberspace Law and Policy Centre at the UNSW Law Faculty to assist legal practitioners, researchers and postgraduates, policy developers, decision makers and others to keep abreast of the range of cyberspace and Internet legal issues.

Over two days it covered a range of topical areas:

      • Jurisdiction (international and national)
      • Conventions and other international law instruments
      • Cybercrime
      • Race hate, censorship and human rights
      • Scams and Spam
      • Defamation
      • WWW Consortium
      • Privacy
      • Sovereignty
      • e-Commerce
      • Cyberspace and Internet regulation and governance.

Professor Henrik Kaspersen chaired the Committee responsible for drafting the Council of Europe’s 'Additional Protocol on Racism and Xenophobia on the Internet'. He was also involved in drafting the Council of Europe’s Cyber Crime Convention, and is the Director of the Computer Law Institute in Amsterdam. He gave the keynote address on race hate on the Internet, which is topical in the light of the Toben decision (now under appeal).

MCLE Units: per whole day 6 units, half day 3 units.
Masters/postgraduate units: per two days plus 3,500 word paper, 4 units (half a one-semester course credit).

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Thursday 24 October 2002 - Day 1

9:00 am Introduction from the chair, David Vaile, executive director of the Centre

9:10 am Public International Law Jurisdiction Issues

Renae Ferguson, ASIC, Perth

The Internet's global character puts stress on traditional state-based remedies under private international law, increasing the pressure for public international law regimes to regulate Internet commerce. New international institutions are emerging under treaty-based public international law to exercise limited quasi-legislative (rule making) and quasi-judicial (adjudicatory) powers.

9:50-10:30 Private International Law Jurisdiction Issues [PPT]

Sophie Dawson, Blake Dawson Waldron

Private International Law plays an important role in determining the applicable jurisdiction to prescribe, adjudicate and enforce Internet transactions. A variety of conventions exist to regulate jurisdictional issues (including the Hague, Rome, Lugano and Brussels conventions).

10:30 am Morning Tea

11:00-12:00 Hague Convention Jurisdiction Issues

Dan Svantesson, UNSW Law postgraduate.

The Hague Convention plays an important role in the unification of private international law. There are over 30 Hague Conference Conventions, and each covering a multitude of issues. Each treaty is negotiated and drafted at the Hague Conference on Private International Law.

12:00-1:00 Gutnick Case (Defamation Law) Jurisdiction Issues

Anne Flahvin, Baker & McKenzie

How is defamation dealt with on the Internet? Gutnick v Dow Jones deals with the jurisdiction for a defaming article published on the Internet: should the proceedings be brought where the publication occurs (in this case New Jersey), or where the publication was published or downloaded (in Australia)?

1:00 pm Lunch

2:00 International Internet Scams

David Perry, ASIC

ASIC is involved with the protection of Australians from international scams perpetrated over the Internet. Their experience and international connections allow the agency to provide a good outline of the types and ways in which to deal with these cyber-swindles.

2:35 Scams and Spam [PPT]

John Corker, Senior Associate at Clayton Utz,
Principal Solicitor for Oz NetLaw, the Internet legal practice of the Communications Law Centre

The Communications Law Centre's Internet Legal Practice has a look at some current Internet scams, the practical advice being provided on them, and an overview of the various approaches being developed to deal with Spam.

3:10 Afternoon Tea

3:40 Internet Race Hate - panel

  • Professor Kaspersen, Free U of Amsterdam
  • Irene Nemes, UNSW Law [PPT]
  • Dr William Jonas, Race Discrimination Commissioner, HREOC

    Short presentations by three panellists on the issue on cyber-racism, followed by a panel discussion to evaluate the way Internet race hate is presently dealt with at an international and national level. Discusses Jones v. Toben

5:00 pm Close

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Friday 25 October 2002 - Day 2

9:00 am Introduction from the chair

9:10-10:30 International Governance, OECD Conventions and the Internet

Chris Connolly, co-director of the Baker & McKenzie Cyberspace Law and Policy Centre

An introduction to the present Internet governance structure and the organisations involved, including IETF, W3C, ICANN, and other organisations. A study of the OECD and its role in conventions and international regulation in areas such as information and communications policy, information economy, information security and privacy, e-commerce, consumer policy, and telecoms and information services.

10:30 am Morning Tea

11:00-12:00 Internet Architecture and Operation: 'Supra-National' Rather Than 'International' Governance [PPT1, PPT2]

Roger Clarke, Xamax Consultancy Pty Ltd

Continuing the theme of the previous session, a discussion of the technical underpinnings of the Internet, their implications for its cooperative operation and development, and the impact on the model of governance: 'supra-national' rather than 'international'. Includes reference to the IETF, ITU, ICANN, and World Wide Web Consortium (W3C), their roles in developing and promulgating standards relevant to regulation, and the processes whereby Internet protocols come into being..

12:00-1:00 EU Privacy [PPT]

Nigel Waters, Pacific Privacy

An outline of the relevant European Union Privacy directives, and an analysis of how this plays an important role as a guide for international privacy laws, and those in Australia.

See also: "And You Thought HIPAA Was The Tough Part: European Union Cracks Down on Information Sharing", US view of EU e-health record restrictions.

1:00 pm Lunch

2:00 pm Cybercrime in Europe and beyond [PPT1, PPT2]

Professor Henrik Kaspersen, Free University of Amsterdam

The European Cybercrime Convention, how it operates in Europe, how they apply in other countries and an analysis of how it acts as an important guide for international cybercrime laws.

2:45 pm Afternoon Tea

3:00 Governance and Sovereignty

  • Peter Coroneos, Internet Industry Association
  • Michael Mac Neil, Carleton Uni, Canada [PPT]
  • Professor Henrik Kaspersen, Free University of Amsterdam

    A panel discussion of the effects of the Internet's international dimensions upon Internet governance and sovereignty. In particular, how countries can maintain sovereignty in cyberspace, and the "reality checks" that would-be regulators of Internet activities should make before proceeding. Looks at Australia, Europe, and North America in particular.

4:15 pm Close

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Details - [enrolment is now closed]

Date: 24 and 25 October 2002

Venue: Grace Hotel, 77 York Street (corner King Street) Sydney


[Details no longer relevant have been omitted].

For accredited postgraduate enrolment, the enrolment fee, which also includes supervision and assessment of the essay, is $1,100.00, GST free. An invoice will come to you from UNSW enrolments in early 2003.


[Details no longer relevant have been omitted]. Accredited postgraduate enrolments must use Option 4.

Option 1 - Registration form by mail

Option 2 - Email

Option 3 - Telephone

Except for accredited postgraduate enrolments (below), you can call Robyn or Lisa at UNSW CLE office on (02) 9385 2267 or (02) 9385 2195 and book by phone.

Option 4 - Accredited postgraduate enrolments

For accredited postgraduate enrolments (such as Master of Law), contact Kerrie Daley at k.daley [at] unsw.edu.au or on (02) 9385 3284. You will be invoiced $1,100.00 by UNSW for enrolment in the accredited UNSW course number LAWS5237, and receive recognition, in Summer 2003. (Please do not use the attached registration form to enrol in this case.)

UNSW Law School approves advanced standing in postgraduate programmes for selected two day CLE courses. Students enrolled in the LLM, MLM or Grad. Dip. Law may include CLE courses in the units of credit required for a specialisation, where appropriate. Students must enrol in the course through UNSW, rather than the attached registration form, either as part of a postgraduate program, or on a non-award basis. Appropriate assessment must be completed, normally an essay of around 3,500 words. The value of an accredited CLE course is 4 units of credit, or one half of one postgraduate law course.

Postgraduates at other universities or in other course areas may also have been eligible for similar credits, provided half course enrolment is permitted and other requirements met.

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Next event in the Cyberspace Law & Policy Series:

Legal Challenges in Cyber Medicine
March 2003

This one day continuing legal education conference will look at challenges posed by the rapid advances in and spread of health informatics systems, tele-health and cyber medicine. Issues covered include patient medical records, privacy and access to information, authentication, liability of both using and not using systems, and consumer health information online.

For details see http://www.cyberlawcentre.org/2002/cybermedicine.htm.

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About CLE – The CLE programme is an important link between the Law School at UNSW and the professional community. The programme consists of a series of quality short courses assisting lawyers, accountants, financial planners, executives and other professionals whose work demands up-to-date knowledge of, and skills in, the relevant areas.

Mandatory CLE Units – NSW solicitors who find any of our programmes relevant to their immediate or long term needs in relation to their professional development and practice of law may claim MCLE units for their attendance at the seminars.

About the Cyberspace Law and Policy Centre - The Centre, established within the Faculty of Law at UNSW, provides a focus for research, public interest advocacy and education on issues of law and policy concerning digital transactions in cyberspace. Baker & McKenzie (http://www.bakernet.com) are the founding supporters of the Centre.

About the Cyberspace Law and Policy Series - The Centre is hosting a series of events examining the public interest in cyberspace legal and policy issues, and some practical workshops on related legal procedure. The series includes both Continuing Legal Education conferences and workshops, and Symposia which bring together policy makers and legal and technical experts for round table discussions.

URL: http://www.CyberlawCentre.org/2002/International.htm