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Private Active Cyber Countermeasure

Wei Ting Yeoh

The persistent onslaught of cyber-attacks faced by private actors triggers a re-examination of the current response options to the threat. This Opinion analyses the current regime and suggests a road map to unlocking the potentials of private actors through duly regulated self-help active cyber countermeasures. While active cyber countermeasures in the low-to-medium risk spectrum could be harnessed by private actors, some limits and safeguards are necessary. This Opinion makes this case by exploring a broad array of questions we must consider when thinking about private active cyber countermeasures.

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A Legal Opinion on Intellectual Property and the Developing World: Should the Republic of Somaliland Adopt the UK’s Approach to Protecting and Enforcing Intellectual Property Rights?

Hannadi Nur

There is a renewed need to discuss the justification of adopting a robust intellectual property system for developing countries. This paper questions whether the UK system of protecting and enforcing intellectual property rights can justly apply to the Republic of Somaliland. This paper finds the direct implementation of UK legislation is not feasible. Instead, alternative solutions such as adopting certain tropes of the UK approach alongside pre-existing indigenous and customary laws are proposed.

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Free Speech and Internet Regulation

Frederick Mostert

The article analyses free speech and internet. regulation. Free speech has always required public forums to flourish, but shaping these forums to the challenging contours of today’s online world presents unique challenges. Social media forums serve as the prime source of knowledge and human thought for many users and have taken on the identity of ‘the modern public square’, as noted by the US Federal Supreme Court.

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To what extent should copyright law be constrained by the right to freedom of expression in the digital world?

Valerie Braun

This paper analyses the copyright and freedom of expression dichotomy, noting that a balance must be met. It argues that current measures such as website-blocking orders and notice and take-down systems are an encroachment on freedom of expression, therefore new legislation is needed from both the CJEU and ECtHR. It suggests the use of new compensation mechanisms for right holders and ‘creative’ exceptions as an attempts to maintain this balance.

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The Global Digital Enforcement of Intellectual Property

Frederick Mostert

This article looks at the challenges faced by the digital environment in protecting intellectual property and addresses the need for effective global measures.  Reference is made to piracy and counterfeits in social media, digital tools, and global guidelines.