by Desislava Stankova | Jan 31, 2015 | E-Commerce, News and Events, Privacy and Data Protection
More than thirty years after the famous Monty Python sketch, spam has now become a worldwide implicating problem that grows exponentially every year. Most often defined as an “unsolicited commercial e-mail” or “unsolicited bulk e-mail”, spam messages are estimated to be between 45% and 70% of all incoming e-mails. Damages from spamming include communication service disruption, decrease in productivity (the average employee productivity loss per year due to spam is approximately 1200 minutes), security breaches, increased costs for anti spam techniques and activities, reputation damages, etc. Since it is now undoubted that spam seriously interfere with the business operations of companies (ISPs and end users), as well it is more than a nuisance for the regular individual internet user, a proactive solution to the problem should be developed. Different anti spam techniques have been discussed, including technical measures, legal and informal measures such as self regulation. The results are quite clear – no single type of measure is capable of completely eradicating the spam trouble, so using a multilateral approach, which includes all of the abovementioned measures at the same time, should be adopted. Technological measures As already mentioned, multiple direct and indirect companies` and individual users` losses are attributable to spam and a versatile approach should be found. Unsolicited messages consume a substantial amount of traffic and bandwidth capacity, storage, time and money, and the technological means to combat them should be the first line of defense. Such measures mainly include filtering out and blocking techniques, whose main types and features will be presented. Filtering in this paper is used as s generic term that includes all kind...
by Desislava Stankova | Jan 30, 2015 | Biotechnology Law, News and Events
Nanotechnology is an umbrella science in which many disciplines converge that focus on the phenomena of materials on the nanometer scale (оne nanometer is one billionth of a meter). An important characteristic of nanomaterials is that they show completely different properties and qualities (surface, chemical reactions, etc.) compared to bigger particles. As promising as it seems, nanotechnology is nowadays a very disputable science that attracts the attention of scholars of all fields. One of the most important application fields of nanotechnology is medicine and pharmaceutics with the promise to revolutionize the way current medicine is viewed and performed. Many futuristic technologies and devices are currently in a process of research and development, such as quantum dots, lab-on-a-chip, targeted drug delivery, automatic monitoring and drug delivery systems, tissue engineering and even smart nanobots. However, since nanotechnology is still in its early age of development, many risks and moral drawbacks need to be evaluated, especially regarding applications in such a globally important field as medicine. Application As mentioned, nanotechnology presents a vast set of opportunities for medical developments that are of significant interest for scientists and practitioners from multidisciplinary fields. Some of the possible nanomed applications have already been implemented in practice, such as nanomaterials in sunscreens and cosmetics, others as nanobots are still way in the future. Since nanotechnology is a convergent science covering many fields and disciplines, nano devices are expected to be applied in multiple fields – military, cosmetics, pharmaceutics, etc. The current article will not try to elaborate a comprehensive list of all possible nano applications, but mostly focus on specific applications and challenges regarding nanomedicine. One...
by Desislava Stankova | Jan 29, 2015 | Biotechnology Law, News and Events
Nanotechnology is a convergence of sciences that study the phenomenon on the nanometer scale (1 nanometer equals 1 billionth of a meter) since nanomaterials have different characteristics compared to the bigger particles of the same material. A couple of decades ago it has been part of science fiction novels and subject of theoretical researches in secret laboratories. Nowadays, nanotechnology is one of the most promising and the most disputable new technologies that exist. Nanotechnologies alone or in convergence with other technologies (NBIC) are expected to have significant application in security, enabling forensic investigators to perform complex analysis or to discover even the smallest traces on the crime scene. However, application and development trends should be also analyzed in order to draw the full picture of possible nano-scenarios applied in forensics, so that no risk or uncertainty is left unexplored. Application and benefits As already mentioned, nanotechnologies are expected to have important application in forensic research. In the field of academic research as well as already in practice, different specific applications with multiple potential benefits have been identified. Forensic research is seen as the process of using specific techniques and methods of gathering and analyzing traces and investigating a crime. It is believed that the introduction of nanotechnologies will greatly change those processes by making them faster, more accurate, more effective, easy to apply and in general will change and mix functional phases, which explains the indisputable significance of those technologies. As nanotechnology is a general term which includes multidisciplinary technologies, this article is not trying to draft a comprehensive list. The focus however is on the possible technologies that...
by Desislava Stankova | Jan 28, 2015 | Contracting, News and Events
Centuries ago Roman law has been merciless to debtors who have not been able to perform their duties, leading to the loss of personal freedom and disposal of their income. Nowadays, the freedom to contract presents multiple opportunities to divert from the liability burden imposed by law and to enter into agreements which drift away from the statutory regime, by including limitation of liability (LoL) clauses in the contracts. The main reason for drafting LoL provisions is to manage the risk associated with a project, thus facilitating competition and business transactions. However, when LoL clauses are applied to an ICT contract, the specifics of the ICT projects should be carefully considered. Many ICT projects are complex, innovative, and a failure in the successful implementation may affect whole businesses. Having all the risks in mind, the inclusion of LoL provisions in ICT contracts is substantial, for they can encourage more clients and suppliers to enter into contractual relations, reduce the overall project price and arrange the risk sharing in high risk projects. LoL provisions in ICT contracts Generally, the LoL is a provision found in contracts that restricts the amount of damage parties can recover from each other. It is aiming at allocating the project risk and to protect the parties from the uncertainties, associated with the unlimited liability. However, the liability in most legal systems cannot be limited regarding intentional misconduct and the limitation is only applicable as to the parties of the contract and not to third parties that might be in any way damaged, since they are not in contractual relations. According to the Principles of the...
by Desislava Stankova | Jan 26, 2015 | E-Commerce, Liability and the Internet
The concept of electronic signature (electronic signature is defined by the e-signature Directive in art. 1 as “data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication”) has been introduced in order to establish legal and market security of the internet communications and commercial relations and specific liability has been linked to the entities offering certification services. The e-signature Directive also contains the concept of qualified electronic signature which is an advanced e-signature based on qualified certificate issued by a Certification Service Provider (an entity or a legal or natural person who issues certificates or provides other services related to electronic signatures) who fulfills the requirements of Annex II of the Directive. The legal effects of using a qualified electronic signature are equal to and linked to the legal consequences of a paper-based document signed with a handwritten signature and can be used as an evidence in court proceedings. The requirements as to the signature (e.g. the usage of Secure Signature Creation Device – SSCD) and to the Certification Service Providers (CSP) are expected to create trust and reliability in the electronic communication and to promote further market and social relations. However, the specific liability regime regarding CSPs in fact proves to actually shift away from the idea of reliability and ease. Qualified signature – challenging CSP`s liability According to the Directive the CSP is liable: for the accuracy and completeness of the data in the qualified certificate; for the identity of the signatory of signature-creation data corresponding to the signature-verification data given or identified in...
