Abstract: An essay on the law regulating bulk email or “SPAM” written in January 2009 for an Internet Law module, whilst studying Computer Science at the University of Southampton. Assesses the functionality of the current law and legal policy regarding unsolicited bulk email or “Spam”, and how should it develop in future. Discusses the severity of the problem, the EU provisions made in the E-Privacy directive, the Information Commissioner’s policy and enforcement powers, the 2 examples of relevant UK case law (Roberts v Media Logistics and Microsoft v McDonald), phishing attacks, other jurisdictions, international cooperation (including “SpotSPAM” and the USA’s “SAFE WEB Act”), and routes to effectively tackle the problem. Criticises the current law and argues that the legal regulation is required but that it should take the form of statutory duties on ISPs to encourage them to adopt various simple counter measures including egress filtering and domain authentication.
Archive for the ‘Law’ Category
Abstract: An essay on corporate immunity and lifting the corporate veil written in May 2008 for an Industrial Law module, whilst studying Computer Science at the University of Southampton. Introduces the concept of corporate personality or “the Salomon Principle” in the Companies Act 1862 and Salomon v Salomon 1896, and then the concept of “piercing the corporate veil”. The law governing the circumstances under which this is permitted is analysed, with particular reference to corporate group structures. In doing this a key case, Adams v Cape Industries plc 19917 is discussed and its outcome criticised, whilst some possible routes to reform are noted.
Abstract: An essay on the legal protection against discrimination in employment written in April 2008 for an Industrial Law module, whilst studying Computer Science at the University of Southampton. Discusses how effective the law is in protecting workers from discrimination. Discusses sexual and racial discrimination, the disability discrimination act, harrassment and various cases where the common law was not sufficient to grant justice.
Abstract: An essay on the rights of third parties in contract law written in 2007 for an Industrial Law module, whilst studying Computer Science at the University of Southampton. Reviews the doctrine of “privity of contract” with respect to Lloyds v Harper and discusses the extent to which the law of England and Wales now allows a claimant suing on a contract, to recover for losses suffered by a third party.
Abstract: An essay on “innominate terms” in contract law written in 2007 for an Industrial Law module, whilst studying Computer Science at the University of Southampton. Discusses whether since “innominate terms” were recogised as legitimate in Hongkong Fir Shipping v Kawasaki they should replace the existing categories of “conditions” and “warranties”.