Jusletter IT

Dear readers

Today’s issue of Jusletter IT once again shows how diverse the thematic of IT and Law is: Data Protection, Cybercrime, E-Commerce, Telecommunications Law, IP and Patent Law, E-Voting, E-Justice as well as LegalTech.

Rolf H. Weber deals with liability law in the digital world. He gives an overview of the technological developments, offers a spectrum for current liability instruments and provides indications for possible developments in liability law. The author concludes that the digitization also affects the framework of liability law and thus requires reassessment.

In a shortened version of his master thesis, Martin C. Walther analyses the Austrian Data Protection Law 2000 (DSG 2000) with regard to the right of erasure in both the public and private sector (see Martin C. Walther, Die Zulässigkeit der Datenverwendung als Voraussetzung des Rechts auf Löschung, Editions Weblaw, Bern 2017).

In its judgement 1B_29/2017 of 24 May 2017, the Swiss Federal Court decided that the sighting of a private Facebook account by the prosecution authorities without requesting international legal assistance was legit, even though the data itself was located abroad. Damian K. Graf contemplates and comments the judgement concerning, amongst other things, the Cyber Crime Convention (CCC).

Even though the Chinese economy has slightly lost its shine, an enormous market is still luring. In her article «The Business Opportunities and the Legal Challenges in Cross-Border E-Commerce», Fiona Gao explains how it can be operated remotely.

From an «Information and Communication Technology» (ICT) point of view, Christa Hofmann describes how the amended provisions regarding the surveillance of post and telecommunications traffic (BÜPF and implementation rules) can complicate the offering of open WLAN in Switzerland.

What is the legal situation if, in a scientific article, statements are made without stating the source, and when they analogously comply with a work still amendable to the terms of protection for copyright? Is the failure to reference a source justifiable? Inge Hochreutener answers these questions and more on the usurpation of foreign copyright from an IP law point of view in connection with academic publications.

«Patent trolls» utilize the growing significance of patents in the range of cloud technology for their dubious practices. They gather cloud computing patents for the sole purpose of suing other companies on the grounds of patent infringement. Clara-Ann Gordon not only deduces an increased pressure on businesses to strengthen their use of IP as a strategic weapon and as a shield against attacks, but also an increasing danger for the users of cloud services to making themselves guilty of patent infringement unsuspectingly.

As of 1 January 2018, the legal situation in regards to electronic legal transactions in German administrative courts changes. Nadja Braun Binder outlines the overall strategic direction of the legislative change, the regulations on the electronic access to the administrative courts and the provisions for electronic file management.

Peter Bieri determines that within the last years, performance requirements for judges have increased. This came along with a professionalization of the judgeship as well as with increasing information needs in relation to the work of judges. With these considerations in mind, the article, based on the author’s doctoral thesis, deals with data and information that is attributable to individual judges.

Pertaining controllability, security and quality there are major differences between voting via letter or via electronic channel. Uwe SerdültEric Dubuis and Andreas Glarner compare the utilization of the electronic and the letter channel in Switzerland, namely in those voting process phases where the application of the indicated criteria appears reasonable.

Daniel Pfäffli provides a conference proceeding on the Weblaw Forum LegalTech 2017. Along with the speeches, he particularly highlights the workshops in which participants could learn more about document automation and their Social Media presences.

In her master thesis, Manuela Cassano deals with the topic «LegalTech – Law 4.0». The law student at the University of Zurich treats the technical developments and the rethinking in the field of law. Beforehand, she tries to retrieve information as well as opinions from directly involved parties by means of a survey. The survey can be filled out here.

We wish you a fascinating reading and are looking forward to greet you again on 23 November 2017 for the next issue of Jusletter IT on the topic of Artificial Intelligence & Law!

Erich Schweighofer and Franz Kummer

On our own account: Don’t miss the Weblaw Forum LegalTech 2018

    Data Protection & Cybersecurity

  • E-Commerce

  • Telecommunications Law

  • IP & Patent Law

  • E-Justice & E-Voting

  • LegalTech

  • News

  • TechLawNews by Ronzani Schlauri Attorneys