The “process” of patenting: Why should we care about a potential U.S. Supreme Court decision in Bilski v. Doll?

In Bilski v. Doll, the U.S. Supreme Court is called to define one of the categories of patent-eligible subject matter, “process” patents. In 2008, the Court of Appeals for the Federal Circuit held that the category has a narrow meaning, and that to be eligible for a process patent under 35 U.S.C. § 101, the invention must involve a machine or apparatus or involve a transformation to a different state or thing, ultimately rejecting the patent application as unpatentable subject matter. The patent applicants have asked the U.S. Supreme Court to determine two issues: first, the meaning of “process” in 35 U.S.C. § 101 and whether the lower court properly relied on a “machine-or-transformation” test, and second, the test's potential conflict with 35 U.S.C. § 273, which provides protection for “method[s] of doing or conducting business.” The Court's decision could change the way that research and business are done, and patent protection for such investments. Parts 1 and 2 of this article address Bilski directly and what is and is not in dispute. Part 3 addresses the “machine-or-transformation” test, while Parts 4 and 5 address reasons not to adopt such a test.     

Automated consent through privacy agents: Legal requirements and technical architecture

The changes imposed by new information technologies, especially pervasive computing and the Internet, require a deep reflection on the fundamental values underlying privacy and the best way to achieve their protection. The explicit consent of the data subject, which is a cornerstone of most data protection regulations, is a typical example of requirement which is very difficult to put into practice in the new world of “pervasive computing” where many data communications necessarily occur without the users' notice. In this paper, we argue that an architecture based on “Privacy Agents” can make privacy rights protection more effective, provided however that this architecture meets a number of legal requirements to ensure the validity of consent delivered through such Privacy Agents. We first present a legal analysis of consent considering successively (1) its nature; (2) its essential features (qualities and defects) and (3) its formal requirements. Then we draw the lessons of this legal analysis for the design of a valid architecture based on Privacy Agents. To conclude, we suggest an implementation of this architecture proposed in a multidisciplinary project involving lawyers and computer scientists.     

It's not the time they spend, it's what they do: The interaction between delinquent friends and unstructured routine activity on delinquency : Findings from two countries

This study examines whether having delinquent friends interacts with other peer-related variables in the explanation of adolescent offending. We hypothesise that the relationship between delinquent friends and offending might be conditioned by the effect of (1) how much time they spend with their friends, (2) how much time they spend in unstructured routine activities and (3) their emotional relationship with their friends. To test these three hypotheses we use data from two independent samples of young adolescents in Halmstad, Sweden (N = 1,003) and in Cologne and Freiburg, Germany (N = 955). The results found strong support that the effect of delinquent friends on adolescent offending is conditional on the level of time they spend in unstructured routine activities. This indicates that delinquent friends have a stronger effect on offending for adolescents who often spend their free time in unstructured routine activities.     

Privacy regulations on biometrics in Australia

This paper aims to provide an analysis of the current regulatory environment, at the federal level, of privacy protection concerning biometrics in Australia. The study only focuses on the federal Privacy Act 1988 (Cth) and the Biometrics Institute Privacy Code. The discussion is based on the legal concerns of the use of biometrics, and an analysis is made concerning the implications of privacy protection sources.     

Suffering What It Must? Mongolia and the Power of the ‘Weak’

Mongolia is not a hapless object on which the great powers may act at will. Like other small states existing on the periphery of great powers, Mongolia has—and does exercise—political agency. Its policies and actions affect not only the bilateral relationship it has with each of the greater powers, but—as an outgrowth of those bilateral relations—it also exerts some influence on the relationship that the great powers, in turn, have with each other. “… you know as well as we do that right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must.”¹     

Grand Strategy of ‘Restrainment’

With the end of the Cold War, the subsequent global war on terror, the global economic recession, and wars in Afghanistan and Iraq, one would think that the United States would have formulated a grand strategy for dealing with these problems. This, however, is not the case. This article advances a grand strategy of “restrainment,” as a guiding concept for our approach to international politics. It builds from the principle that U.S. policy must seek to restrain—individually and collectively—those forces, ideas, and movements in international politics that create instability, crises, and war.     

Indonesia Returns to the International Stage: Good News for the United States

Indonesia, the world's fourth largest country, third largest democracy and home to the world's largest community of Muslims, has returned to the international stage. Indonesia's membership in a number of important global communities-it resides physically in Asia but is part of the broader Muslim world, the developing world, and the community of democracies-makes it an important international actor. Many Americans assume that common democratic values will translate into shared foreign policy goals and cooperation between the United States and Indonesia. The two countries do share significant interests, such as counter terrorism, maritime security, and a wariness of China, but also hold starkly different positions on the Middle East peace process and global trade issues. Democracy provides opportunities for the two-thirds of Indonesians who hold anti-American views to influence foreign policy, making it costly for Indonesian leaders to cooperate with the United States. Indonesia's return is good news for America, but the relationship needs to be managed skillfully to maximize benefits for both sides.     

The Information Confrontation with Radical Islam

Information has emerged as a critical—potentially the decisive—front in both the global war with violent radical Islam and the overlapping but so far largely unadmitted Cold War with nonviolent radical Islam. In fact, the information front is undoubtedly the closest thing that al Qaeda has to a strategic center of gravity. Unfortunately, America faces an extremely hostile information environment in the Middle East and al Qaeda has proven far more effective at getting its message across than has the United States. A more effective U.S. information strategy would be one that stresses three themes: a democratic critique of radical Islam; an Islamic critique of radical Islam; and a critique of the crisis in Middle Eastern civilization. While these will not necessarily make the U.S. or its policies more popular, they may drive a wedge between radical Islam and potential supporters.