Making Democracy Work in Bolivia

The struggle to build stable democracies in weak Latin American countries mirrors the Herculean task faced by fragile states in many other parts of the globe. Within Latin America, the fault lines between competing visions of the state, the economy, and national identity are particularly stark in Bolivia, which is divided along ethnic, geographical, and socioeconomic lines. That country's new president, Evo Morales, has the mandate that would permit him and his government to transform Bolivia in a way that would set a powerful example for countries throughout the region. The United States can and should support his efforts as long as they are designed to deepen and broaden the roles of democracy and a free-market economy in Bolivia.     

Skype Technologies SA v Joltid Limited and others [2009] EWHC 2783 (Ch). Anti-suit injunction: Clarification of effect of English exclusive jurisdiction clause in worldwide technology licensing contract

The Court's discretion in granting an anti-suit injunction has been clarified further by the recent decision of Mr Justice Lewison in Skype Technologies SA v Joltid Limited and Others [2009] EWHC 2783 (Ch). Ruling on the Court's willingness to grant an anti-suit injunction where an exclusive jurisdiction clause had been breached, Mr Justice Lewison held that “standard considerations that arise in arguments about forum non conveniens should be given little weight in the face of an exclusive jurisdiction clause where the parties have chosen the courts of a neutral territory in the context of an agreement with world-wide application. Otherwise the exclusive jurisdiction clause would be deprived of its intended effect”. It follows that contracting parties who deliberately select the English courts as a neutral forum in an exclusive jurisdiction clause will not be allowed to “wriggle out” of their agreement, unless the party seeking to commence proceedings in an alternative forum can establish exceptional reasons, outside of ordinary forum non conveniens arguments, to justify why the exclusive jurisdiction clause should be displaced.     

U.S Federal Trade Commission hosts public forum on facial recognition technology

On December 8, 2011, the United States Federal Trade Commission hosted “Face Facts, A Forum on Facial Recognition Technology,” a one-day public forum exploring emerging issues in the field of facial recognition in Washington, D.C. Consisting of thought leaders from academics, government and industry, four panels analyzed and discussed the technology behind facial recognition, current and potential uses of that technology, and the privacy and security concerns raised by this newly-emerging technology. The event was open to the public and was made available on the Internet via webcast.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

Data and information theft in e-commerce, jurisdictional challenges, related issues and response of Indian laws

Data and information constitute a valuable resource both for the companies in general and individuals in specific. The traditional paper based transaction has been replaced by electronic transaction and now a day’s most of the valuable data and information’s are stored in electronic medium. Therefore data and information security have become a matter of great concern for every agencies acting on faith of e-transaction. In India there remains an added significance owing to the fact that a growing number of companies seek more centralized and less expensive methods of processing information, they’re turning to offshore outsourcing to fulfill many of their business and human resources processes. Data theft is not in itself a new concept, but has become an increasingly important issue in the digital age. The new mode of communication, its malleability, transmissibility, networking capacity, affect our lives in many and sometimes surprising ways, it requires that we find new legal solutions for new social questions.     

Uncovering the Iceberg: Mandating the measurement of fraud in the United Kingdom

Having regard to the impact of the credit crunch on fraud, the 19% average cuts in public spending and the wide disparities in fraud loss data, this article will argue for the mandating of fraud measurement through the introduction of legislation in the United Kingdom. The proposed statute applies to both the public and private sectors and incorporates minimum standards of measurement accuracy and the publication of findings and subsequent reduction strategies. In support of this contention this paper offers empirical evidence provided by the United States (US) Improper Payments Information Act of 2002. Further options for change are also presented including developing the role of the National Audit Office and the creation of an infrastructure for knowledge management through the sharing of best practice.