THE UNIVERSITY OF THE WEST INDIES
Semester l □ Semester II X □ Supplemental/Summer School □
Examinations of December □ /April/May X □ /July □ 2020
Originating Campus: Cave Hill □ Mona x□ St. Augustine
□
Mode: On Campus x □ By Distance □
Course Code and Title: LAW3765- Law, Technology & the Internet
Duration: Seventy Two (72) Hours
Word Limit Per Question: 3000 words
Materials required:
Answer booklet: Normal X□ Special □ Not
required □
Calculator: Programmable □ Non Programmable □
(where applicable)
Multiple Choice answer sheets: numerical □ alphabetical □ 1-20
□ 1-100 □
Auxiliary/Other material(s) – Please specify:
Instructions to Candidates:
This paper has three (3) pages & four (4) questions.
Candidates are reminded that the examiners shall take into account the proper use of
the English Language in determining the mark for each response.
The requirements of the Mona instruction sheet for take home examinations must be
adhered to.
Answer (two) 2 questions.
Answers may be confined to the law of any jurisdiction in the Commonwealth
Caribbean unless the context indicates otherwise.
SEMESTER II 2019/2020
The University of the West Indies Course Code LAW3765 2020/06/16
Question 1
“Cybercrime is having a significant effect on the Commonwealth Caribbean region and our
legal, educational and technical arsenal to defend against it, is limited.”
Critically discuss this statement with reference to computer misuse acts (and/or other
relevant legislation) and their effectiveness in the Commonwealth Caribbean. [25 marks]
Question 2
Arnold Johnson is known to his friends as AJ. He owns a small bed & breakfast called AJ
Hotel Suites and many of his customers call it the “little AJ hotel”. Arnold‟s hotel has no
association with the well-known international chain of AJ Hotels Ltd. nor the AJ Hotel in
Kingston also associated and run by the international chain. Arnold believes that he can
make more money through online bookings for his hotel. He registers the domain names
ajhotel.com and littleajhotel.com.
He subsequently receives a letter from AJ Hotels Ltd. The letter states:
“We hereby demand you cease and desist from the use of the aforementioned
domain names as it is a breach of our registered trademarks. Unless you
immediately transfer the domain names to us, we will initiate legal proceedings
against you.”
Arnold wants clarification on the benefits and disadvantages of domain name registration.
He also wants to know whether he can effectively rebut the opposition mounted by the
international chain of AJ Hotels. Advise Arnold. [25 marks]
Question 3
YAM! is a Jamaican company that has become world renowned for the design of head
phones and other sound enhancement technology designed to be connected to cell phones,
TVs and other devices. YAM!‟s employees have done everything possible to try to make
compatible their ear fitted technology with cell phones and computers from other
companies in the US. YAM! is only now attempting to make their technology compatible
with the computers and cell phones of several Spanish and French companies. The
Management of YAM! is confused as they have been hearing terms like, source code,
object code and interoperability, and they have no idea what these terms mean.
SEMESTER II 2019/2020
The University of the West Indies Course Code LAW3765 2020/06/16
In addition, YAM! has also been informed by a Mr. Sanchez, the Legal Counsel from one
company in Spain, that any legal obligations formed between his company and YAM! will
mean that YAM! would have to abide by the eight data protection principles.
The Management of YAM! is nervous because they have never heard of the eight
principles, nor do they have any idea how the concept works or how it will affect them.
They are also concerned that if the eight principles do not apply in Jamaica, they may not
be able to do business with the Spanish Company.
The Management has also indicated that some of their junior employees have just returned
from a Data Protection Seminar. They are now discussing with the Management that
YAM! will be the Data Processor for any personal data they receive from employees. The
Management is concerned, as they are of the opinion that this could require them to meet
onerous obligations that are established under the relevant legislation.
You are the In House Counsel for YAM! Based on the information provided above, prepare
an appropriate internal legal memorandum for YAM!‟s management. [25 marks]
Question 4
Cori is the host of a weekly „show‟ uploaded to YouTube, in which he discusses gossip
about famous people. While Cori often discusses the gossip without revealing the identity
of the person he is referring to, he decided that in his last show, he would take a chance and
mention the name of a well-known singer in London, England. Cori discussed on his
„show‟ that the singer ran a drug ring. The vlog includes a short clip from a news item
produced by the news network BBB, which shows the singer at a party with a convicted
English drug dealer. Cori does not credit BBB as the owner of the news clip. He shows
another clip on the YouTube show of the singer walking in slow motion to his song “No
Sweat” owned by Gamma Records.
At the end of Cori‟s YouTube entry, he advertises products that make light of news items
and subjects generally considered taboo. One of the products advertised is marketed as
“explosion Nazi juice” and the package contains the Nazi swastika. The Government of
France has written to Cori and has directed that he discontinue the sale of this item in
France through his YouTube entry.
SEMESTER II 2019/2020
The University of the West Indies Course Code LAW3765 2020/06/16
Cori lives in, and uploads his programme from, California, USA. He is concerned about
any possible legal challenges.
Gamma Records is based in England. They wish to have the video removed. They are
concerned about the legal procedure they would have to employ, and the legislation that
would best support this end.
Advise Cori and Gamma Records. [25 marks]
END OF QUESTION PAPER
SEMESTER II 2019/2020
The University of the West Indies Course Code LAW3765 2020/06/16
