Communications Law publications

Communications Law Committee Publications

The Communications Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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An overview of the Maltese cryptocurrency and blockchain legislative framework

The Maltese Parliament passed and approved the three cryptocurrency and blockchain legislative acts with effect from 1 November 2018. This marks the beginning of Malta's reputation as the 'Blockchain Island'.
Russian control of private IT providers

The rapid advancement of information technologies that in their dynamic development often overtake respective legislative developments, has presented yet another dilemma to national governments. This article aims to provide an overview of the approach employed by the Russian government in this regard by analysing the underlying legislative framework as well as exploring relevant case law.
Digital marketing age in Georgia

Since 1991, when the country regained its independence, Georgia has created democratic institutions and a progressing economy, strengthened with rules of law. From a legal and commercial perspective the Georgian digital market is very appealing and is ready and waiting for global users.
Processing of published data under the GDPR

The objective of this paper is to outline the possibilities of processing of publicly available personal data under the GDPR. The mere fact that the data has been made public by the data subject does not per se justify any further processing. Such data can be processed only if the concerned data subject could have reasonably expected such processing when publishing the data, provided that the purpose of the further processing is compatible with the original purpose for which data was published by the respective data subject.
Towards effective regulation of over the top communications services - a Nigerian law perspective

As with several other jurisdictions, Nigerian regulators have in recent times had to critically review the regulatory framework adopted for OTT communications services. Building viable ecosystems that balance the interests of all stakeholders and stave off undue price premiums on services requires careful considerations.
From the Co-Chairs, Communications Law Committee, June 2018

A message from the Co-Chairs of the Communications Law Committee, Chung Nian Lam and Anne Vallery.
From the Editor, Communications Law Committee, June 2018

A message from the Editor of the Communications Law Committee, Jana Pattynova.
Deep fakes: are there remedies for victims under the GDPR?
by Mathilde Hallé, published 26th September 2018
Deep fakes are fake videos that rely on innovation technology to enable realistic and seamless face-swaps based on artificial intelligence face recognition capabilities. While victims may have legal claims under copyright law, tort law or under the right of publicity doctrine, this article will focus on whether victims of deep fakes have legal claims under GDPR.
5G in Singapore: how local regulatory framework may need to change
by Lam Chung Nian & Gareth Liu, published 26th September 2018
This article explores the local regulator's conception of 5G networks and technologies in Singapore and the 5G use cases it envisages. It also examines some of the feedback received by the local regulator on key legal and technical issues that will need to be addressed before 5G is likely to take off in Singapore.
Legal aspects of immersive technologies
by Jana Pattynova, Olga Slipetska & Jirí Cerný, published 28th June 2018
This article explores the legal aspects of the deployment of immersive technologies within industrial applications, including in particular data privacy, confidentiality and liability facets as well as contractual framework and sector specific legislative developments.
Could online dark posting on social media by political campaigns qualify as voter suppression in the US?
by Mathilde Hallé, published 8th June 2018
This article intends to discuss the legal concerns around targeting voters on social media for voter suppression. More specifically, it explores existing voter suppression practices and analyses US voter suppression laws to examine their effectiveness to address dark-posting for voter suppression.
The potential impact of blockchain and smart contracts on the Chilean telecommunications market and regulations
by Alfonso Silva, Raul Mazzarella & Matias Osses, published 8th June 2018
Blockchain and smart contracts seem to offer innovative solutions to several problems in the digital economy, and yet present complex challenges. This article explains their origins, principal characteristics, possible advantages, interactions with the telecommunications and technology markets and how global and Chilean regulations should be reshaped to facilitate their utilisation.
EU cloud proposal – enabling law enforcement access to overseas data
by Laurent De Muyter, published 8th June 2018
This article looks at the EU CLOUD proposal of the European Commission that aims to strengthen cross-border cooperation in investigations and allow EU Member State authorities to access electronic evidence held inside or outside the EU.
Abuse of dominance case: what comparison shopping tells us about operating systems
by George Houpis & Tom Ovington, published 8th June 2018
In June 2017, the EC released its final decision on its investigation into Google’s comparison shopping service. In this article, we consider the implications of the comparison shopping decision for the Android case and whether there is any read-across for the assessment of market definition, dominance, effects, objective justifications and remedies.
Examining platforms: Australia looks at impacts on traditional media and advertising sectors
by Angela Flannery, published 30th May 2018
The Australian Competition and Consumer Commission, has commenced an inquiry into the impact digital platforms have had on Australia’s media and advertising services sectors. This article looks at the issues that will be of most concern in this inquiry, which will take 18 months to complete.
Communications Law Committee update, September 2017

This issue contains a diverse range of articles from global jurisdictions, from Australian spectrum reform, to UK telecoms regulations after Brexit, to the legal challenges of digital health in the European Union. Committee members click here to login and download.
Communications Law newsletter, June 2016

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Communications Law newsletter, May 2014

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Communications Law newsletter, April 2013

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Communications Law newsletter, May 2012

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Communications Law newsletter, September 2011

Download the Communications Law Committee Newsletter, September 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Communications Law newsletter, May 2011

Download the Communications Law Committee Newsletter, May 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Communications Law newsletter, May 2010

Download the Communications Law Committee Newsletter, May 2010, featuring articles on... (PDF download, members will need to login using their IBA username and password)