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The First International
CyberSpaceCamp® for Judges
On Campus, Karnataka Judicial Academy
Bangalore, India -- February 10, 2007
An ITechLaw and Karnataka
Judicial Academy initiative to Introduce
Technology Law to Indian Judges, Police Officers
and Prosecutors
"Light comes from anywhere" –
Chief Justice Cyriac Joseph, Karnataka High
Court
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Bangalore, India
– February 10, 2007. International Technology
Law Association (ITechLaw) and Karnataka
Judicial Academy, with generous support from the
National Law School of India University, J.
Sagar Associates and Fenwick & West LLP,
conducted the first international CyberSpaceCamp®
for judges, cyber crime police officers,
prosecutors and others in the forefront of
enforcement and adjudication of law in India.
The event, inaugurated by the Mr. Justice Cyriac
Joseph, the Honourable Chief Justice of
Karnataka High Court, was attended by over 100
participants and had an international faculty
from San Francisco, Philadelphia, Boston,
Dublin, Delhi and Bangalore. The Co-Chairs of
the CyberSpaceCamp®, Susan L. Donegan, Executive
Director of ITechLaw and Sajai Singh, ITechLaw
Board member and Chair or the Education
Sub-committee, carefully choose each member of
the faculty based on their interest and
experience in legal education as well as their
achievements in private practice. The lectures
introduced the Indian participants to
developments in global tech law as a harbinger
of times and cases that will find their way to
Indian courts.
Welcome Address
by Sajai Singh: Opening Remarks
“The way India lives is continually changing as
it continues to reap the benefits of rapidly
improving technology, outsourcing and an
increasing global economy. Though like
technology, law also touches virtually every
aspect of Indian life, it has often lagged
behind technology. While technology has made
television possible to the over one billion
Indians, it is law that increasingly determines
such things as the technical specifications of a
broadcast license, the privacy rights of
‘newsworthy’ individuals and the necessary
compensation for creators of television content.
Sometimes, technology influences the practice of
law, sometimes, it is often the other way
around. Also, in today’s complex society, the
judiciary, enforcement officers and
technologists need to cooperate in addressing
many important questions. Did the axle break,
causing the car to hit the tree, or did the axle
break because the car hit a tree?
This CyberSpaceCamp® discusses many technology
and law related issues. These issues range from
those that are fairly basic to those which are
complex. Some topics will be new to you and
others will fall within familiar bounds of legal
analysis. Our purpose is to introduce you to
this important body of law.
Problems involving both technology and law are
common and growing in number and complexity. It
may come as a surprise, but most of these are
handled in India by people trained only in
technology. Imagine, for example, two engineers
negotiating a construction contract. Having
agreed on specifications, dates and price, they
will probably use a contract form drafted much
earlier by an attorney neither of them even
knows. Later, if one disputes whether the other
is meeting its responsibilities, the grievance
could be resolved by an engineer-arbitrator who,
after a ‘trial’, would determine the legal
rights and responsibilities of the parties and
possibly award money or compel action. Only if
the losing party refuses to comply with the
arbitrator's decision, would lawyers be needed.
Thus, in India, people without law degrees do
the type of work often done by lawyers globally.
The rapid advances
in science, higher education and medicine that
India made since independence, and especially
the advances in computer technology propelled by
the Indian Institute of Science, have
revolutionized the way our society functions. It
is widely recognized that India is making a
transition from the industrial manufacturing age
to an information age. In contrast, our
Constitution and most of our statutes were
written when people lived in an agrarian
economy. Law has been slow to adapt to the
choices posed by technology. Law that made sense
in 1860 , or even in 1947 , can be inappropriate
for today’s problems and opportunities. While
Bangalore is enthusiastic about new ideas and
change, adopting each one with a fervent gusto,
it is important to recognize that Indian law is
slow to change. One of the basic principles of
jurisprudence is stare decisis: the old decision
stands as a precedent for the present and
future. Such a principle gives society stable
law, so that attorneys can predict the outcome
of a case and advise their client. Therefore,
judges are reluctant to make new law.
Only within the past few years has encouraging
technological innovation come to be regarded by
both the judiciary and legislature in various
countries, including the US, as important in
preserving the standard of living of the people.
With technology and innovation comes the
protection of Intellectual Property Rights. This
is a global issue.
The practice of high-technology law is propelled
by venture capital investment, regulatory
agencies and M&A activity. Another driver in the
profession’s growth is the growing complexity of
technology and interpretation of existing laws
in relation thereto. The growing importance of
technology law is globally spurring membership
in various tech-law associations, like ITechLaw,
an international association of technology
lawyers, and acts as a forum for them to meet,
share, learn and network. That is what we are
here to do today --- share expertise and so we
begin CyberSpaceCamp. Thank you.”
Inaugural
Ceremony by Mr. Justice Cyriac Joseph, the
Honourable Chief Justice of Karnataka High Court
The Chief Justice of the High Court of
Karnataka, in his inaugural speech at the
CyberSpaceCamp®, recognized that Indian law has
reacted slowly to new technology. With the
exception of the telephone and typewriter, the
technological revolution of the past century has
left the law untouched. Law has dealt at arm’s
length with technology, making new rules to
cover air travel, genetic engineering, and the
like, while the lawyers who do the work carry on
with paper and pencil – until the advent of the
computer.
Mr. Justice Joseph told the audience, which
included 30 of his High Court judges, that
becoming familiar with technology law issues –
especially global issues --- was vital to the
continued evolution of Indian law. He said that
learning about this area was something with
which he, himself, was interested and that
“light comes from anywhere” -- gratefully
acknowledging the contribution of ITechLaw by
sharing its expertise and demonstrated
commitment to legal education.
CyberSpaceCamp Faculty Lectures:
Welcome Address and Introduction to
CyberSpaceCamp® - "Global Technology Law"
Sajai Singh, Chair, Education Committee and
Member of Board of Directors, ITechLaw and
Partner, J Sagar Associates, Bangalore
Legal Framework for IT Law: Part 1: Europe
Don McAleese, Partner, Matheson Ormsby Prentice,
Dublin, Republic of Ireland and Member of Board
of Directors, ITechLaw
Legal Framework for IT Law: Part 2: USA
Sandra A. Jeskie, Partner, Duane Morris LLP,
Philadelphia USA and Member of Board of
Directors,, ITechLaw
Liberalization of the Indian Patent Regime
Calab Gabriel, Partner, K & S Partners, Delhi,
India
Emerging ADR Techniques - alternative dispute
resolution as applied to India
Victor Schachter, Partner, Fenwick & West LLP,
Mountain View, California USA
Team Teaching: Data Protection and Privacy:
East Meets West
EU, USA and India Perspectives
Susan L. Donegan, Executive Director of ITechLaw,
USA and Lecturer in Law, Amsterdam Law School,
Universteit van Amsterdam and Sajai Singh,
Chair, Education Committee, ITechLaw, Partner,
J. Sagar Associates, Bangalore and Amar Kumas,
Partner, J. Sagar Associated, Bangalore.
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ITechLaw's
CyberSpaceCamp® at National Law School
Bangalore, India 7-8 October 2005
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ITechLaw held its signature
CyberSpaceCamp®
program for the first time in Asia in Bangalore,
India last October in conjunction with the
prestigious National Law School of India
University. Over 70 participants --- standing
room only -- from the law school, the judiciary,
government agencies, law firms and technology
companies took part in the 2-day intensive
training format aimed at teaching the "nuts and
bolts" of global IT law. Faculty from the U.S.,
UK, India, Australia, Canada, France, Germany
and Switzerland shared their substantive and
legal practice expertise in a lively classroom
style learning forum.
Sponsors of the training
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· J. Sagar Associates, Bangalore
· K&S Partners
· Sun Microsystems
· Microsoft
· Arent Fox
· Osborne Clark
· Fenwick & West LLP
· Simmons & Simmons
· Orrick
· Watermark
· NASSCOM
· TIE, Bangalore
· F.K.C.C.I., Bangalore |
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CyberSpaceCamp® Planning Committee, India:

Back row (L to R): Professor V. Nagaraj,
National Law School; Susan L. Donegan, Executive
Director of ITechLaw; Sajai Singh, Partner, J.
Sagar Associates, Bangalore and Member of Board
of Directors of ITechLaw.
Front row (L to R): Probir Roy Chowdhury and
Prashant, Associates at J. Sagar Associates,
Bangalore
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Participants at CyberSpaceCamp® |

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Some CyberSpaceCamp® Faculty:

Calab Gabriel, Partner , K&S Partners, India

Paul Criswel, Esq, USA

Richard Horning, Partner, Tomlinson Zisko, CA,
USA (also ITechLaw's Vice President) via
teleconference from Stanford University.

Sajai Singh and Rebecca Ward, Microsoft
Corporation, India (also sponsor)
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