Bruce L. Mann<br />Sep 1, 2009; 17:252-267<br />Articles
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Andreas Grosche<br />Jan 1, 2006; 14:257-309<br />Articles
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This paper evaluates the development of online dispute resolution (ODR) methods in resolving small value disputes arising out of e-commerce transactions and the need for designing a regulatory model to realise its full potential in the EU. The paper proposes the drafting of a European Regulation in the field of ODR that would set legal standards for mandatory ODR. The proposed Regulation would create a pan-European trustmark that would be granted to those ODR providers that comply with its legal provisions. Compliance would be monitored by the co-operation between national and regional authorities through the European Consumer Centres Network (ECC-Net). The ECC-Net national offices and online businesses would refer national and cross-border disputes to accredited ODR providers. The proposed Regulation would encourage the use of consensual ODR processes as a step previous to the adjudicative processes for all accredited and mandatory ODR. Decisions will be legally binding but appealable, when appropriate, through an online procedure akin to the European Small Claims Procedure.

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The article analyses the E-Commerce Directives’ provisions regarding intermediary services liability when applied to mobile operators. Further, it explores whether the lack of clarity which in several respects characterizes the ISP liability rules with regard to the conventional internet, also exists when the issues are “transferred” to the mobile platform.

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The advancement of Information Technology has hastened the ability to disseminate information across the globe. In particular, the recent trends in ‘Social Networking’ have led to a spark in personally sensitive information being published on the World Wide Web. While such socially active websites are creative tools for expressing one’s personality it also entails serious privacy concerns. Thus, Social Networking websites could be termed a double edged sword. It is important for the law to keep abreast of these developments in technology. The purpose of this paper is to demonstrate the limits of extending existing laws to battle privacy intrusions in the Internet especially in the context of social networking. It is suggested that privacy specific legislation is the most appropriate means of protecting online privacy. In doing so it is important to maintain a balance between the competing right of expression, the failure of which may hinder the reaping of benefits offered by Internet technology.

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Bruce L. Mann<br />Sep 1, 2009; 17:252-267<br />Articles
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The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. Its compatibility with the Charter of Fundamental Rights is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.

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The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. Its compatibility with the Charter of Fundamental Rights is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.

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While national and international disability-discrimination provisions lay down a duty to design accessible websites, the actual standards by which accessibility is gauged is an area in which self-regulation and the lack of a definitive international standard prevails. This article presents an analysis of a key self-regulatory standardisation body, the World Wide Web Consortium, in order to determine how its composition, processes and standards themselves impact upon this international, technical arena. This analysis is placed in the context of increased calls for the participation of disabled people in the creation of provisions and the difficulty in reaching a consensus in areas such as access to technology for people with cognitive difficulties.

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