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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Programme
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
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
Cost:
[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.
Registration
[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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up]
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.
