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Articles 1 - 5 of 5
Full-Text Articles in Computer Law
Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang
Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang
Articles
This Article contributes to our understanding of the current state of cyber law. The global perspective demonstrates an almost uniform response to the U.S. law in cyberspace from all of America's major trading partners. In the past, comparative studies tended to focus on a single jurisdiction-typically, the European Union-and compared it with the United States. This approach, informative as it was, significantly understated the gravity of the differences between that jurisdiction and the United States. Fundamentally, it was based on an American-centric outlook with primary interests in building convergence models. In cyberspace, however, this is simply not helpful. In recent …
Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu
Two Decades Of Laws And Practice Around Screen Scraping In The Common Law World And Its Open Banking Watershed Moment, Han-Wei Liu
Washington International Law Journal
Screen scraping—a technique using an agent to collect, parse, and organize data from the web in an automated manner—has found countless applications over the past two decades. It is now employed everywhere, from targeted advertising, price aggregation, budgeting apps, website preservation, academic research, and journalism, to name a few. However, this tool has raised enormous controversy in the age of big data. This article takes a comparative law approach to explore two sets of analytical issues in three common law jurisdictions, the United States, the United Kingdom, and Australia. As the first step, this article maps out the trajectory of …
Computer Crime And Control In Hong Kong, Kam C. Wong
Computer Crime And Control In Hong Kong, Kam C. Wong
Washington International Law Journal
This Article is a first attempt to study cyberspace governance and computer crime control in Hong Kong. It begins with a discussion of how computer crime was "discovered" as a cognizable object of control. Next, it explores the nature, prevalence and distribution of computer crime in Hong Kong before embarking on a comprehensive review and critical analysis of the Hong Kong government's cyberspace governance philosophy and computer crime control policy. The Article closes with a number of recommendations for improving Hong Kong cyberspace governance, which focus on developing a broad, overarching policy that both meets the public's goals and addresses …
Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty
Malaysia's "Computer Crimes Act 1997" Gets Tough On Cybercrime But Fails To Advance The Development Of Cyberlaws, Donna L. Beatty
Washington International Law Journal
Malaysia is in the process of developing the Multimedia Super Corridor ("MSC"), a high-tech zone sometimes called "the Silicon Valley of the East." As a way of attracting investors to the MSC, Malaysia is adopting business-friendly policies and comprehensive "cyberlaws" designed to assure MSC participants that they and their technology will be protected. One of Malaysia's many goals is to be a leader in the development of cyberlaws. However, the Computer Crimes Act 1997 is too flawed to place Malaysia in that role. The Computer Crimes Act is designed to prevent computer crimes such as hacking, virus planting and the …
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.