Articles

Communications and Technology Law

  • A Theory of Regulation and Technology

    I want to focus on the theory that there is interdependence between technology, institutional framework and organisational structure. Firstly, whether technology affects the availability of resources. Secondly, whether the institutional treatment of technology can influence organisational structure and thirdly, whether taking into account the effect of technology can influence organisational structure that manages the resource to achieve the ends of policy.

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    Access to Justice:Technology and Evidence

    The new Civil Procedure Rules 2002 became effective on January 1, 2003. A technology neutral and robust approach was taken in the drafting of the rules. Of particular interest to lawyers who are technologically savvy is that portion of the rules which provide for evidence to be taken by video-link or other means. The general rule previously is that the parties’ presence was required in the Court Room in order to give oral evidence at a trial. There was also an allowance for the evidence to be given by affidavit evidence on such terms as the Judge deems just.

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    Competition & Convergence- Accelerating Internet Access

    The Internet is a multipurpose multipoint digital interactive continuously evolving worldwide telecommunications network.

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  • Cybercrime Initiative

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    Digital Evidence- Preservation & Admissibility

    Brief overview on the Law of Evidence

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    Internet Protocol (IP) Telephony-The Demise of Traditional Regulatory Paradigms-Implications for Caribbean Countries.

    The Internet is an outgrowth of technological advancements in the telecommunications industry and in many ways threatens it, more precisely it has been said that the Internet threatens to turn existing regulatory paradigms on their heads. This paper will focus on the impact of IP Telephony on the Public Telecommunications Operator in relation to the International call market. I intend to examine the dominant paradigm in a broad way to see if this statement is sustainable.

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  • Legislating Cybercrimes in Jamaica

    This chapter will focus on the Jamaican Cybercrimes Act 2010 (the Act) which was passed into law on March 17, 2010.It regulates internet and computer crimes. The regulation of computer or internet and computer crimes has been slow to come to the Caribbean region1 including Jamaica. By August of 2009 everyone felt that the Act was an imperative for Jamaica. Institutionally, the police were somewhat equipped to deal with cybercrimes and had by then set up the Cybercrimes Investigation and Research Unit (CIRU), but there was no legislative support for their investigations.

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    Spread Spectrum Wireless & Communications Policy: A Radical Vision

    Spectrum is a communications resource which government is required to allocate. It must do so efficiently. This requires promoting competition while balancing the interests of the various stakeholders government, the firms and the consumer. The current method of allocating spectrum falls short of this requirement.

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    Telecommunications in Jamaica- Business Opportunities

    Competition in communications is important in enhancing a country’s ability to enter the global market place. It provides opportunities for service providers, consumers and governments.

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  • The Civil Procedure Rules

    The Civil Procedure Rules (CPR) is still in its infancy. It was passed on the 16th September 2002.  There was a transitional period during which parties were required to comply with the rule that all matters in which trial dates were not fixed or that did not come on for trial by a certain date were to apply for a case management conference

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    The Civil Procedure Rules 2002

    Although these rules are long overdue, they are in a sense quite timely. Various steps are being taken to modernize and improve the court system in Jamaica and the implementation of these rules is a vital step in this process.”

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    The Electronic Transactions Bill- A paradigm Shift?

    In making my presentation I want you to bear in mind that all that the Act is seeking to achieve is functional equivalency, that is to replicate online the contractual safeguards which underpin our legal system. In other words, I will attempt to show you that nothing has change.

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  • The Internet as a Substitue for Expert Evidence

    The Internet as a Substitue for Expert Evidence

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    The Madrid Protocol

    Are there any benefits for developing Countries?

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    The Madrid Protocol for Jamaica

    Jamaica is an island nation in the Caribbean. It is south of Cuba and is only 4111 sq miles. The population size is 2.7 million. It is a beautiful country known for its warm sunshine and white sand beaches. It has a very rich culture especially in music known as reggae.

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  • VOIP- A Regulatory Conundrum Under the Telecommunications Act 2003

    The purpose of this paper is to discuss the regulatory treatment of Voice over Inter Protocol (VoIP) and Voice over the Internet (VoI) (hereinafter VoIP) as an alternative to traditional circuit switched international telephony in Jamaica. As an alternative it offers opportunities for arbitrage and bypass in the international call market if it is not properly regulated.

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