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Articles 1 - 8 of 8
Full-Text Articles in Law
The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer
The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer
Northwestern Journal of International Law & Business
Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who steal it, particularly for the financial and healthcare sectors. Looking forward, companies that store and use biometric data will have to be similarly scrutinized. To correct this problem, the EU has numerous paths it can take: (a) continue as …
Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted, James F. Ponsoldt, Christohper D. David
Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted, James F. Ponsoldt, Christohper D. David
Northwestern Journal of International Law & Business
This article will analyze the recent U.S. and E.U. judicial approaches to tying charges which stem from software bundling. Part II reviews U.S. tying jurisprudence both generally and as applied to software bundling. Part III outlines the D.C. Circuit's approach to Microsoft's Windows/Internet Explorer bundle. Part IV briefly covers tying jurisprudence in the European Union. Part V describes the European Commission's ("E.C.") analysis of Microsoft's Window/Windows Media Player bundle. By comparing the two approaches, Part VI shows that neither approach is ideal: although the U.S. approach offers too little guidance to software manufacturers seeking to avoid liability and unduly discounts …
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
Northwestern Journal of International Law & Business
This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
The Proposed E.U. Vat On Electronically Transmitted Services: Enforcement And Compliance Issues, Thomas Fawkes
The Proposed E.U. Vat On Electronically Transmitted Services: Enforcement And Compliance Issues, Thomas Fawkes
Northwestern Journal of International Law & Business
This paper will begin by discussing the current VAT system in the E.U. It will also describe in detail the provisions of the proposed VAT amendments as they affect electronic commerce transactions with respect to both B2B and B2C transactions. Next, the practical effects of the VAT amendments in terms of increased VAT revenue for the E.U. and its mem-ber states will be discussed. Following will be a discussion on the past and present failures of the E.U. and its Member States in encouraging and en-forcing compliance under the current VAT Directive, and the implication of such failures on the …
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Northwestern Journal of International Law & Business
The merger of computer and communications technologies in the past two decades has revolutionized information processing throughout the world. The most recent telecommunications advances possible direct international transfers of sensitive personal data via computer-satellite links. Computerized data bases containing commercial information identifying citizens of one country are now routinely transferred to and stored in another, often without the knowledge of the individuals identified in the data. Numerous European countries have enacted data protection legislation with the avowed intent to protect their citizens from the improper use of personal information that is transferred extranationally. These data protection laws prohibit the export …
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Northwestern Journal of International Law & Business
This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention's regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of …