China’s WAPI Policy: Security Measure or Trade Protectionism?

By: Zia K. Cromer In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain access to WAPI technology, they would need to partner with one of two-dozen Chinese firms designated by the Chinese government. The policy ostensibly grew out of security concerns regarding Wi-Fi, although it is unclear whether WAPI is more secure. Beijing has now indefinitely postponed the implementation of this policy, but WAPI is still relevant. This iBrief argues that WAPI is illustrative of many Chinese technical barriers to trade in the high-tech sector, and evaluates this policy’s consistency with China’s WTO obligations. Download Full Article (PDF) Cite: 2005 Duke L. & Tech. Rev. 0018

New Jersey’s Adult Internet Luring Statute: An Appropriate Next Step?

By: John W. Lomas Jr. New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. Most states have similar laws pertaining to pedophiles, but this is the first adult Internet luring statute. State measures to regulate the Internet, even in the context of criminal justice, will likely face constitutional challenge since the Internet has become such a critical vehicle for both protected speech and interstate commerce. Furthermore, while the use of the Internet in the commission of crimes against other persons is a new phenomenon, it is unclear whether new laws are the best solution, or whether other responses such as equipping police and investigators with more resources and training to properly enforce existing law would be more effective. This iBrief analyzes the issues New Jersey will face with its statute and the issues other states should be aware of when considering similar legislation. Download Full Article (PDF) Cite: 2005 Duke L. & Tech. Rev. 0016

From Deepsouth to the Great White North: The Extraterritorial Reach of United States Patent Law After Research in Motion

By: Daniel P. Homiller In the Internet age, complex telecommunications systems are often deployed with little regard for international borders. In NTP, Inc. v. Research in Motion, Ltd., the Federal Circuit determined that one such system infringed several U.S. patents, despite the fact that an essential element of the system was located outside the territorial United States. This iBrief argues that the Federal Circuit erred in invoking the “control and beneficial use” test, which it culled from the very few prior cases addressing extraterritorial application of U.S. patent law. In doing so, the court disregarded the Supreme Court’s direction in Deepsouth Packing Co. v. Laitram Corp. that the United States’ patent laws make no claim to extraterritorial effect. Download Full Article (PDF) Cite: 2005 Duke L. & Tech. Rev. 0017