ITechLaw eNews, June, 2009: Sandra A. Jeskie, Editor in Chief


ITechLaw Announces New Officers and Board of Directors

(Pictured above: ITechLaw Executive Committee and Board of Directors)

ITechLaw has elected new officers and a new board of directors at
its annual meeting held recently in Seattle. The new ITechLaw officers are:

President, Ursula Widmer, Dr. Widmer & Partners, Attorneys-at-Law, Berne,Switzerland;

Vice President, Sandra A. Jeskie,
Duane Morris LLP, Philadelphia, Pennsylvania, USA;

Treasurer, Alexander Blumrosen, Bernard-Hertz-Béjot, Paris, France;

Secretary, John Beardwood, Fasken Martineau DuMoulin LLP, Toronto, Ontario, Canada;

Assistant Secretary, Kiran Sandford, Mishcon de Reya, London, UK;

Immediate Past President, John M. Carson, Knobbe Martens Olson & Bear LLP, San Diego, California, USA.

The newly elected directors are:

Jaime Angeles, Santo Domingo, Dominican Republic
Susan Barty, London, UK
Paulo Brancher, Sao Paulo, Brazil
Peter Braeutigam, Munich, Germany
Axel Funk, Stuttgart, Germany
Françoise Gilbert, Palo Alto, California, USA
Oliver Michael Habel, Munich, Germany
Felix Hofer, Florence, Italy
Ole Horsfeldt, Copenhagen, Denmark
Bradley Joslove, Paris, France
Matthew Karlyn, Boston, Massachusetts, USA
Jenna Leavitt, Los Angeles, California, USA
Stephane Lemarchand, Paris, France
Rahul Matthan, Bangalore, India
Don McAleese, Dublin, Ireland
Charles Morgan, Montreal, Quebec, Canada
Johan Nylen, Stockholm, Sweden
Haakon Opperud, Oslo, Norway
Rajiv Patel, Mountain View, California, USA
Michael Peeters, Leeds, UK
Ira Schwartz, Phoenix, Arizona, USA
Sajai Singh, Bangalore, India
Alan Sutin, New York, New York, USA
Pekka Tarkela, Helsinki, Finland
Robert Weiss, Chicago, Illinois, USA


Call for Papers: ITechLaw 6th International Asian Conference

Dear Colleagues,

We are pleased to announce a call for papers for the upcoming 6th International Asian Conference being held in Bangalore, India on February 4-5, 2010. If you have a current issue or development in IT or Telecom law that you think would make an interesting presentation or panel, please submit a short one-paragraph description of the topic that includes why you consider this to be timely and relevant for inclusion in the conference. Additionally, if you would like us to consider you or someone else as a speaker on the proposed topic, please summarize the proposed speaker's qualifications or experience to address this particular issue. For more information, please visit: http://www.itechlaw.org.

Please submit your proposal by July 17, 2009, to the following address: rahul.matthan@trilegal.com.

We look forward to seeing you in Bangalore.

Rahul Matthan, Co-Chair
Sajai Singh, Co-Chair
Rajiv Patel, Co-Chair
Ursula Widmer, Co-Chair


CommitteeWatch: E-Commerce Law Committee

In this segment we provide you with updates on our broad spectrum of committees including substantive law committees (e-commerce, data protection, intellectual property and outsourcing), publications, women's international network, membership development, education and more.

For a full list of ITechLaw's committees, visit the ITechLaw website. You may also log in to the Member Center and opt-in to committees that interest you.

This month CommitteeWatch puts the spotlight on the E-Commerce Law Committee with the following report:

The ITechLaw E-Commerce Law Committee has published its "E-Commerce Legal Developments Survey 2008/2009." This is the second such survey undertaken by the Committee. The Survey asked participants to highlight the most significant legal e-commerce developments in their practice/jurisdiction in 2008 and to forecast what in their view would be the most significant developments in 2009. A total of 33 submissions were received covering 21 jurisdictions.

The Survey indicates that the main areas of activity are: 1) Consumer protection/distance selling/distance contracts, 2) E-commerce/online services general legal issues, 3) Liability for ISPs/content providers/disclosure obligations and 4) E-government; advertising/marketing.

The full report is available to members of ITechLaw in the E-Commerce Substantive Law Committee Section of the ITechLaw website.

Any queries concerning the E-Commerce Committee can be referred to its Chairman, Don McAleese of Matheson Ormsby Prentice at don.mcaleese@mop.ie.


The eNews Sampler: Brief Monthly Updates

In addition to ITechLaw's quarterly online law journal for members, the eBulletin (requires log in), ITechLaw often provides 1-2 short articles in the eNews each month. eNews articles not only cover short legal updates but also give members an opportunity to share their unique professional experiences as they relate to ITechLaw.

ITechLaw encourages members to contribute to its publications. For more information or to submit your articles, please contact us. Submissions are subject to editorial discretion. Articles not used in eNews may be used in the eBulletin and vice versa.

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Spain: Regulation of Surveillance Through Video Cameras
by Fernando Ramos Suárez,
Legalia Abogados

Surveillance through video cameras is generating increased public concern. Due to technology developments, privacy infringement has become increasingly common. Spanish authorities have reacted to this situation, creating legislation and institutions to protect the public's privacy rights.

There are several laws regulating the recording of images in Spain. The following regulations are applicable: Private security, the general privacy normative, for instance data protection, the labor regulation and the specific normative of recording such as the Spanish Data Protection Agency’s (AEPD) instructions.

As of now, only surveillance companies may install recording systems. To do so, they must fulfill certain requirements, such as obtaining authorizations specified in the RD 2364/1994 and fulfilling the procedure established by the "Unidad Central de Seguridad Privada." According to Spanish data protection regulations, the following requirements must be met in order for an eligible company to install a surveillance system:

· The use of video cameras must be registered in the AEPD. The company must create a file where all data processing would be detailed. If they fail to do it, they may be fined with sanctions between 600 and 600.000 €, depending on the seriousness of the infringement. The sanction's criteria are exposed in the Data Protection's Law (Ley Orgánica de Protección de Datos, 15/1999).

· As a general principle, surveillance companies are not allowed to record in public areas.

· Surveillance must be proportional with the purpose expected.

· In case of using the video cameras within the company's premises, labor rights must be respected.

· Surveillance companies must fulfill the rules and instructions of Spanish data protection law.

The AEPD is entitled to inspect the company’s premises to check the fulfillment of applicable regulations. During 2008, 365 procedures have been carried out, constituting an increase of 196 percent compared to the previous year. In order to increase awareness of these laws and thereby reduce infringements, it has published a guide (Guía de la videovigilancia) to advise about surveillance systems law.

Germany: New Court of Appeal Case Law on the Resale of License Keys for Software
by Dr. Truiken J. Heydn, Attorney-at-Law,
teclegal Habel Rechtsanwälte Partnerschaft

In a decision of May 12, 2009 the Court of Appeal of Frankfurt held that the resale of license keys for Microsoft software constitutes copyright infringement. The defendant had offered unused license keys via eBay which he had purchased from Microsoft volume license customers who had obtained more license keys than they needed.

The Court ruled that the resale of license keys cannot be based on the first sale doctrine, because the first sale doctrine applies only to physical software copies but not to rights to use or documents which grant a right to use.

The Court of Appeal of Frankfurt based its decision on the judgment by the Court of Appeal of Munich of July 3, 2008 in the case Oracle vs. usedSoft, which is presently pending in the German Federal Supreme Court.


News About ITechLaw Members

Click here to submit your member news today!

On June 26th, 2009 ITechLaw Board Member Felix Hofer will deliver a country report on "Freedom of Speech, Right to Privacy and Internet" at the 16th Three Countries' Meeting of the German Association for Information Technology and Law – DGRI, in Villa Vigoni, Como Lake (Italy).

ITechLaw member Amanda Lewis completed the third edition of her book: Outsourcing Contracts - a Practical Guide. The book is a complete practical guide to the process, management and regulation of outsourcing, including IT, business process, facilities management, legal process and knowledge process outsourcing. The third edition has also been extended to cover relevant business and legal issues and best practice in the major European countries, China and India. These chapters have mostly been written by ITechLaw members and the forward to the book was written Past President, Enrique J. Batalla. Amanda Lewis, who was previously a partner at BLP has recently moved to the outsourcing department at Denton Wilde Sapte.

ITechLaw Local Representative for France, André Meillassoux, and immediate past president of IFCLA (2006-2008) (International Federation of Computer Law Associations) who organized jointly with ITechLaw the IFCLA Paris Conference in 2008), was recently elected as the new President of the French Computer Law Association: AFD ("Association Francaise de Droit de l’Informatique et de la Telecommunication") for a period of 3 years. André is the IT partner at ATM Avocats.

ITechLaw Member Alan S. Wernick joined FSB Legal Counsel, a virtual law firm of about 46 attorneys (and growing) covering numerous practice areas including information technology law, intellectual property law, and data privacy law.

ITechLaw Member Andrea Rush, partner at Heenan Blaikie in Toronto, recently gave the following presentations: 1) "Marketing and Advertising: Doing Business on the Internet," ITechLaw Annual Meeting in Seattle May 14-15 in Seattle; 2) "Patents as a Competitive Strategy: Using Patents to Gain a Competitive Advantage while Mitigating Infringement" course offered by the Federated Press, May 26-27 in Toronto, addressing the topic of business method patents; and 3) "Best Practices for US Internet Companies Establishing Online Stores in Other Jurisdictions," moderating the session as part of the Sixth Annual E-Commerce Best Practices Conference at Stanford Law School, June 12 in Palo


Important Reminder: Member Renewals Due


Avoid Expiration
Most ITechLaw memberships expire on June 30, 2009. Don’t wait – Log in to the
Member Center and click on "Renew Membership" to renew now and enjoy another year of ITechLaw member benefits, such as our networking opportunities, publications and conferences.

Need Help?
Contact ITechLaw for your log-in details or with any questions.


President's Column, by Ursula Widmer

Dear ITechLaw Members and Colleagues,

ITechLaw’s new Board of Directors and Executive Committee met on May 16th in Seattle, WA after our very successful World Conference and Annual Meeting, with an attendance of approximately 200 attendees from 33 countries.

During our meeting we warmly welcomed four new Board members: Francoise Gilbert, Palo Alto, Haakon Operrud, Olso, Ira Schwartz, Phoenix and Peter Bräutigam, Münich.

According to ITechLaw’s By-laws, our association is run by the Executive Committee and the Board of Directors consisting of 25 members. Each member of the Board is active in the business and affairs of the association and takes on such activities as chairing or co-chairing a committee or a conference.

There are three Board of Directors meetings per fiscal year (starting July 1st)– which are held the day after our US conferences, and the day before our European and Indian conferences.

One is elected to the Board of Directors for a one-year term and may serve on the Board for no more than six years.

The new members of the Board are proposed by the Nominating Committee, which is composed of three individuals and led each year by a Past President. Eligible candidates are members, regularly show increased interest in the association, are ready to serve with regular presence at our events and invest time into the association’s activities such as committee work.

We are also proud to have our Past Presidents forming our Advisory Board, as their professional expertise is outstanding and their knowledge is of great value to the current leadership. In Seattle, we were honored to have some of our former Presidents attend the Board meeting: Jay Westermeier, President (1997-98), Karen Casser, (1998-99) and Stuart Meyer, (2003-04).

You will find more information regarding our officials on ITechLaw’s website.

If you would like to get involved or have any questions regarding how our association is run, please feel free to contact me.

With my best regards,

Ursula Widmer
ITechLaw President
president@itechlaw.org
Ursula.widmer@widmerpartners-lawyers.ch


ITechLaw's 2009 Annual Meeting - Attendees Tweet and Network

In addition to enjoying ample face-to-face networking, attendees of the ITechLaw Annual Meeting and World Conference in Seattle May 14-15 took the opportunity to use Twitter to send short messages or "tweets" about the conference. The following tweets are just a brief sampling:

"P. McLaughlin: Employees have broad set of rights, but can't participate in social media in an unfettered way. What's the balance? #itechlaw
2:28 PM May 15th
from web"

"When economy is down, marketing gets aggressive and may put company at risk of violating laws (CAN-SPAM) #itechlaw
11:32 AM May 15th
from web"

Look for more social networking and knowledge sharing as ITechLaw continues to evolve and serve its membership by utilizing current technologies.

Here are additional photos of attendees at various conference gatherings including the Gala Dinner held at the Museum of Flight and luncheons held atop Seattle's beautiful skyline:

Alto, California. Andrea serves on the advisory board of the Program on Law Science and Technology at the Faculty of Law, Stanford University.


ITechLaw Welcomes Its Newest Members!

Name

Firm/Organization Location

Thomas  Burton

Sonnenschien  Nath & Rosenthal Chicago,  IL

Anne  Glazer

Stoel Rives LLP Portland, OR

Derek  Hardmon

First Security National Bank Atlanta, GA

Sergio  Legorreta

Baker & McKenzie Mexico City

Barbara  Lippett

B.F. Lippett Professional Corporation Ottawa

Susan  Lyon

Perkins Coie LLP Seattle, WA

Mads  Meltvedt

Conax AS Oslo

Jean Marie  Pechette

Kelley Drye & Warren LLP Chicago, IL

Phillip Adler

Loeb & Loeb, LLP Los Angeles, CA

Peter Bolger

Mason Hayes+Curran Dublin 4

Vivien Chan

Vivien Chan Hong Kong

Grace Chen

Bird & Bird Beijing

Joel Espinueva

Quiason Makalintal Barot Torres & Ibarra Pasig City

Susan Fahringer

Perkins Coie LLP Seattle, WA

Monica Fernandez

Sutter Health Sacramento, CA

Bradley J. Freedman

Borden Ladner Gervais LLP Vancouver

Markus R. Frick

Walder Wyss & Partners Ltd. Zurich

Brad Haque

Attachmate/NetIQ Corporation Seattle, WA

Sarmad Hasan Manto

United Trademark & Patent Services Dubai

Eliav Korakh

Borochov, Korakh & Co. Tel-Aviv

Chloe Lee

Stephenson Harwood & Lo Central

Sergio Legorreta

Baker & McKenzie Mexico City

Gabriella Liu

King & Wood PRC Lawyers Shenzhen

Marianna Mendonça

Montaury Pimenta, Machado & Lioce Rio de Janeiro

Paola Morales

Santamarina y Steta Mexico City

Jyn Schultze-Melling

Nörr Stiefenhofer Lutz Munich

Christine Stil

VALIPAT SA Brussels

Alessandro Villa

SLA - Studio Legale Associato Palo Alto, CA

Ed Yourdon

Nodruoy Inc. New York, NY

 

 




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