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Blogs, lies and the doocing: The next hotbed of litigation? - March 2006
With more than 22 million blogs online, blogs are becoming a media form of their own. While they offer the benefits of marketing products, discussion of specialised topics, and channel for political activism and social change, they present significant political and legal risks. The emergence of blogging has brought with it a range of legal ramifications. Since blogging is a relatively new phenomenon, a substantial body of case law simply does not exist. There is very, very little case law at this point. The biggest problems arise when bloggers reveal proprietary or confidential information, and post contents that defame the person. Increasingly, a number of employees are victims of dooce dodging. This article examines the potential legal liabilities which could arise from blogging...
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Baker & McKenzie's regular article tracking developments in EU law relating to IP, IT and telecommunications - March 2006
This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises the recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and Intellectual Property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links...
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Personal jurisdiction: Where cyberspace meets the real world –
Part II
January 2006
This article continues in Part II the analysis of jurisdictional issues raised by the Internet. Part I focused on why personal jurisdiction is an issue in the electronic era, defining some basic concepts intended to help a better understanding of the elementary rules governing the exercise of jurisdiction.
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CLSR
briefing - News and comment on recent developments from
around the world
January 2006
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Personal jurisdiction: Where cyberspace meets the real world – Part 1
November 2005
Whereas traditional jurisdictional issues are geographically based, today electronic communication readily crosses borders without having any specific links to the territory where the technology is located and users engage in global activities without the need for physical presence within the forum state. As the Internet becomes part of daily life rather than a place deserving an occasional visit, the courts of different countries strive to adapt existing legal systems to ever nebulous out-of-state cyber defendants. Though online activity raises numerous legal issues, not least jurisdiction, this article is concerned only with personal jurisdiction.
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News and comment on recent developments from around the world
November 2005

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Tracking developments in EU law relating to IP, IT and telecommunications
July 2005
This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.
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News and comment on recent developments from around the world July 2005

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News and comment on recent developments from around the world May 2005
Compiled by Stephen Saxby, Editor

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Benefits v Big Brother - June 2004
Goverments projects around the world are looking to
smart card technoligy for aiding the allocation of rights,
benefits and other social aid. But is there a way to
reassure the public that their information is safe in
their hands and won't be abused for other means? This
article examines the dilemma faced between providing
ID and protecting information.

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Lower costs and less cash? - June 2004
The idea of an e-purse scheme appears to be good in
theory. It is convenient for users and helps reduce
the amount of cash in a system, thereby lowering cash
handling costs. However, some e-purse schemes have failed
to live up to the early marketing hype. So where now
for e-purse technology?
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A smart approach to wireless access - June 2004
In a 24/7 world where business is frequently conducted
on the move, the demand for Wireless LAN (WLAN) technology
is beginning to grow. However, this demand has created
its own set of challenges. How do you ensure security
over a wireless network while maintaining a good user
experience? And what role can smart card technology
providers play in addressing this challenge?
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Centralisation – the route to controlling payment
costs - May 2004
The wave of bank mergers and acquisitions that swept
the financial services industry during the late 1990s
have as yet unrealised promises of better value for
money. With the financial sector's economic downturn
biting into profits and bringing costs under the microscope
more than ever before, banks need to reassess their
card payments processing strategies in order to eliminate
as much unnecessary expenditure as possible.

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Another
link in the chain? - April 2004
Radio Frequency Identification (RFID) technology is
causing a stir in markets around the world, with applications
in the transport and physical access control markets
embracing the technology. Now, the convenience and security
offered by RFID technology is making its way into new
industry sectors, with a range of clients adopting it
for supply chain management.

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Fuelling
market developments - April 2004
Smart card industry developments associated with both
EMV and contactless technology are now opening up new
opportunities for customers in the oil and petroleum
industries. The technology has the potential to be used
for a diverse range of purposes from fleet management,
to purchases, to customer loyalty. While the smart card
technology industry is upbeat about the prospects for
this market, some fuel providers report that they still
need convincing that there is a good business case for
adopting the technology.

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Smart
cards and public key infrastructure - July/August 2003
As more and more businesses begin to rely on PKI, a
secure means of storing private keys is needed. Conventional
methods of storing keys, such as on computer hard drives,
have disadvantages. This article explores how smart
cards could provide a more portable and less vulnerable
method to store the private key.

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EMV
migration pushes forward - February
2003
Migration to the EMV (Europay MasterCard Visa) smart
card standard is the biggest card development since
the magnetic stripe in the 1970s. The specifications,
which come in two parts, are designed to enhance security
and compatibility of payment transactions. During 2003,
we will see a European-led push to issue more EMV smart
cards and new acceptance equipment.

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Capturing
commitment - February 2003
Partnership and commitment may sound like the recipe
for a perfect marriage, but an increasing number of
European organisations are also discovering that these
are key ingredients for loyalty programmes designed
to aid cross selling, tailor promotions and drive a
concentrated spend that will impact on market share.
Article Outline
Drivers
Banks
Retailers
Trends
Legislation
Creativity
Technically speaking
Barriers
Running costs
More please
A selection of smart loyalty cards in Europe

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Ohio
smart benefit programme meets early objectives
- January 2003
A progress report, prepared by Citicorp Electronic
Financial Services (which also implemented the scheme)
and published by the Smart Card Alliance, on the electronic
benefits transfer (EBT) programme in Ohio, claims that
the scheme has removed the stigma associated with the
use of paper food stamps or WIC (Women, Infant, Children)
vouchers. It has also brought about operating efficiencies
over and above those of magnetic stripe technology;
enabled the state authorities to monitor and control
costs; provided retailers with the means to eliminate
losses incurred through accepting expired paper vouchers
or inadequate information; and maintained or improved
security.

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Security
worries trigger boom in reader market
- January 2003
The global smart card reader and terminal market is
projected to expand to a revenue level of $3307.4 million
in 2006, while unit shipments are set to grow to 25.4
million in the same year, according to a new study from
Frost & Sullivan.

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News
from Cartes 2002 - November/December
2002
Article Outline
Blood monitoring tag wins top smart card award
Best Technological Innovation
Best Software
Best IT Security Application
Best Banking/Finance Application
Best GSM Application
Best Transportation Application
Best Customer Loyalty Application
Best E-commerce Application

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The
European Central Bank warns against too many e-commerce
initiatives - November/December
2002
The development of retail e-commerce across Europe
is in danger of becoming side-tracked by a multiplicity
of schemes and initiatives, says the European Central
Bank (ECB).
Article Outline
Credit cards
E-money schemes
Person-to-person payments
M-payments
Payment portals

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Will
Canada's new Resident Card be the model for a US visitor
card? - October 2002
Recent US legislation, in particular the Border Security
Act, has mandated that foreigners arriving at US borders
must carry a secure identity document capable of storing
automatically verifiable biometrics. Against this background,
the US authorities will be watching the roll-out by
the Canadian government of its Permanent Resident Card
(see page 1) with keen interest.

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Costing
a UK national ID scheme - September
2002
The UK Government has asked for opinions on a proposed
universal entitlement card scheme. We summarise the
cost estimates set out by the Home Office in its consultation
document.

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Who
leads in eGovernment? - July/August
2002
eGovernment presents the smart card industry with a
major market for its expertise in designing and providing
identification systems. We report on developments in
this fast-growing sector.
Article Outline
Who is ahead in eGovernment?
Integration
Citizen-centric
Other findings
The research

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A
national ID scheme? No easy answers!
- June 2002
Neither the UK nor the US currently have national ID
cards. Debate on their introduction is usually polarized
between advocates of security and advocates of freedom.
We summarize the principal arguments of a new report
(from the National Research Council of the US National
Academy of Sciences) which puts the issues into perspective
and warns legislators against precipitate action.
Article Outline
Technological challenges
Binding persons to identities
Back-end systems
Data correlation and privacy

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UK
banks act to check rising card fraud
- May 2002
The UK banks are to launch their first pilot of PIN
verification at the point-of-sale early next year. We
look at the background to this move.
Article Outline
The impact of chip technology
Initiatives
Card-not-present

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The
meaning of liability shift -
May 2002
Kalim Qureshi, Technical Director, Thyron Technologies,
gives an equipment supplier's view of the effect on
retailers of forthcoming shifts in liability for card
fraud.

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Trust
revisited: branding the PKI -
April 2002
For many years a mysterious paradox has plagued the
Internet trust industry, says Peter Liss, CEO of Swedish
PKI specialists AddTrust, in a paper prepared for this
month's Infosecurity Europe conference. Everyone needs
enhanced trust, and the technology and techniques are
mature and standardised –– in other words
supply is ready to sell, and demand is ready to spend.
Yet, when examining the numbers, we can only conclude
the two are not doing a very good job at meeting one
another. Branding –– as used in the credit
card industry –– could provide a significant
bridge between supply and demand.
Trust means different things to different people. For
one community, `the trust industry' is obviously all
about technologies enhancing the privacy of personal
data. For another it is about PKI.
One reason that the trust industry –– whatever
that means –– has taken such a long time
to grow is that it is hopelessly fragmented. Privacy
gurus don't talk to consumer protection advocates, who
don't understand cryptographers, who in turn don't see
what trustmarks have to do with their industry.
And yet, somewhere hidden among these people and their
disciplines, lies the key to resolving the trust market
paradox. As is not unusual in situations like these,
each community has developed a special skill or an understanding
that is crucial to the creation of real trust.

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Turning
the cutting edge into everyday use
- April 2002
The Advanced Card Awards competition, timed to coincide
with the InfoSecurity/SmartSolv exhibition and conference
in London this April, has attracted a wide range of
entries. Many of them are practical implementations
of products that only a few years ago were at the cutting
edge of smart card technology. Here is our guide to
some of the products and implementations (under sector
headings that we think appropriate) that have caught
our eye this year.

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The
changing face of the card industry
- March 2002
We look at financial results from ActivCard, Gemplus
and Drexler Technology; three very different companies
whose activities span an industry in transition.
Article Outline
- ActivCard
ActivCard shows a loss, restructures
business, expects growth of 30–35%in 2002
A pivotal year
Challenging
A long-term game
- Gemplus
Gemplus aims for profit in
second half of 2002
Turning the corner?
- Drexler Technology
Drexler builds up shipments
of ID cards
Shipments
Biometrics
The Green Card
Multiple biometrics
The future

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"The
cheque's in the email" -
February 2002
The roll-out by four major Canadian banks of the Email
Money Transfers system (this issue, p.1) is a challenge
to the dominance of PayPal in the person-to-person payments
market.
Person-to-person (P-to-P) payment is an aspect of the
electronic money revolution that has defeated some of
the smartest minds in the financial and IT worlds. When
it came down to testing the business case, introducing
new forms of cash –– such as Beenz, Digicash
or even Mondex –– just didn't seem to be
justified.

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The
UK Government's first smart identity card - January
2002
The Application Registration Card (ARC), as the Home
Office smart card for asylum seekers is known, is intended
to provide fast and positive identification of applicants
subsequent to their initial processing at ports of entry
or at the Croydon Asylum Seekers Unit.
"This is not a security system," said Home
Office consultant Gerry Gardner, when he presented an
outline of the system at the recent Biometrics 2001
conference in London. "It is designed to stop asylum
seekers who may be doing unlawful things ––
for instance, applying twice for benefits. It seeks
to answer quickly and accurately the question: do we
know this person previously?"
The challenge facing any government seeking to control
immigration and asylum is to create a system that can
provide a quick and accurate answer to two questions:
who are you and what is your immigration status?
For an answer to the question on status, an answer
to the first question, who are you? is required.

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The
Connexions Card finds its way into young pockets
- January 2002
The UK Government's record in implementing smart card
technology is decidedly patchy. But the Connexions Card
is one initiative that actually looks as if it will
make headway.

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Market
Surveys |
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China: an emerging
tiger - May 2004
Seen as one of the most interesting markets for members
of the smart card industry, China's place on the world
stage makes it a hot target for suppliers of smart cards,
terminals, technology and integration services. The
country poses exciting challenges, and these are being
met head on by a combination of domestic and international
technology vendors.

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A
sporting chance for smart cards? - February 2004
Smart card technology has much to offer the sports,
leisure and tourism industries and, with these sectors
becoming increasingly important players in the global
economy, they could provide more opportunities for the
smart card industry. Many segments of these markets
(referred to collectively as the `leisure industry'
in this feature) are well accustomed to card-based membership
schemes. Potentially, this familiarity could act as
a stepping-stone to smart card-based technologies. However,
this can only be achieved if smart card technology delivers
a strong business case.

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A
year for all sectors - January
2004
As we enter 2004, the smart card industry appears to
be in a buoyant mood. With developments in new and existing
market sectors, combined with ongoing technical efforts,
the year ahead could provide some interesting challenges
and opportunities.

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Smart
cards move onwards - October
2003
Several contract announcements made during the last
12 months demonstrate that smart card technology is
really coming of age in the mass transit sector. Driven
by developments in contactless technology and strong
business cases, some insiders are even going as far
as calling this the technology's 'killer app'.

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The
Pay TV market - September 2003
The global television industry is growing and changing
rapidly. As broadcasters work to protect their revenues
and build their client bases, smart card technology
is developing a role with many media organisations.

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Identifying
opportunities - July/August 2003
The last 12 months have seen the smart card industry
notch up several new contracts in the national ID sector.
As demand –– and interest ––
in smart national ID cards grows, the industry is poised
to benefit from the growing political impetus to provide
additional applications on the smart card. However,
in parts of the world, all these developments are occurring
against a backdrop of concerns over the privacy implications
of such technology

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One
card - many uses - June 2003
Educational establishments, cities and communities
are providing numerous opportunities for smart card
players to make an impact on the everyday lives of citizens.
With advances in standards coupled with falling costs,
many people are beginning to realise that with one multi-application
card, 'less' can indeed mean 'more'.

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Securing
e-commerce applications - May
2003
Although smart cards are now beginning to make a significant
impact in the traditional financial, identity and transit
markets, many industry insiders report that the e-commerce
market is still disappointingly slow. In fact, some
people have told CTT "each year people say this
is the year for smart cards to really take off in e-commerce,
and each year the reality fails to live up to expectations."
Part of the problem is a classic `chicken and egg' situation:
Without chip technology, there is little point in implementing
a chip acceptance device. Likewise, without a critical
mass of chip readers in operation, what is the point
of implementing a chip card?

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Smart
cards ringing in the changes
- April 2003
Anybody with half an eye on the telecoms industry will
know that the last few years have been somewhat volatile.
In the late 1990s, telecoms stock rose, the media was
full of `good news' stories about the potential for
mobile technology, and large parts of the world experienced
a surge in demand for the technology. This was followed
by a reality check and finally the bursting of the telecoms
bubble in 2001. With the downturn in the market, operators
and card manufacturers became cautious investors, and
the world experienced an erosion of prices for telecoms
products and services.

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