Legal developments and industry issues relevant to IT,media and telecommunications law in key jurisdictions across the Asia Pacific

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Towards a new generation of CCTV networks: Erosion of data protection safeguards?

CCTV networks are progressively being replaced by more flexible and adaptable video surveillance systems based on internet protocol (IP) technologies. The use of wireless IP systems allows for the emergence of flexible networks and for their customization, while at the same time video analytics is easing the retrieval of the most relevant information. These technological advances, however, bring with them threats of a new kind for fundamental freedoms that cannot always be properly assessed by current legal safeguards. This paper analyses the ability of current data protection laws in providing an adequate answer to these new risks.     

War and the East

This article proposes three lesson plans for teaching Asian military history to High School students. Each case study—Sun Tzu's Art of War, the Mongols, and the Rise and Fall of Imperial Japan—is structured around a primary source in translation and is designed to highlight the depth and diversity of the Asian experience with war. They allow us to see the East as more than a venue for the West's wars and also to appreciate the array of indigenous military and strategic cultures that have arisen and competed in Asia over the last three millennia.     

Odor analysis of decomposing buried human remains

This study, conducted at the University of Tennessee's Anthropological Research Facility (ARF), lists and ranks the primary chemical constituents which define the odor of decomposition of human remains as detected at the soil surface of shallow burial sites. Triple sorbent traps were used to collect air samples in the field and revealed eight major classes of chemicals which now contain 478 specific volatile compounds associated with burial decomposition. Samples were analyzed using gas chromatography-mass spectrometry (GC-MS) and were collected below and above the body, and at the soil surface of 1.5-3.5 ft. (0.46-1.07 m) deep burial sites of four individuals over a 4-year time span. New data were incorporated into the previously established Decompositional Odor Analysis (DOA) Database providing identification, chemical trends, and semi-quantitation of chemicals for evaluation. This research identifies the "odor signatures" unique to the decomposition of buried human remains with projected ramifications on human remains detection canine training procedures and in the development of field portable analytical instruments which can be used to locate human remains in shallow burial sites.     

EU update

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 websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links     

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.