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Government immigration department streamlines smart ID card applications

The Immigration Department of the Hong Kong Special Administration Region has chosen to use FileNet's ECM solution to help streamline its application process for a recently launched Smart ID Card.

Under a new immigration identification system, Hong Kong's seven million residents are expected to replace their traditional ID cards with new multi-application smart identity cards by 2007. With the Smart ID Cards, holders will be able to enjoy a variety of government electronic services in a safe and secure manner.

Apart from immigration applications, a smart identity card can also support other value-added non-immigration applications, including e-Cert - digital signature certification - and library cards.

The Smart Card project comprises three major components:

  • conversion of all historical ID applications and related records
    into digital images to provide fast, online retrieval. These are currently
    kept on microfilm and index cards.

  • development of a new, multi-application smart card and supporting
    high-performance computer system to deliver security and resilience

  • territory-wide ID card replacement by 2007

    It is reported that FileNet's Image Services is a core component of this project. In addition to providing the Immigration Department with a high-performance, high-capacity system for managing the capture, storage and retrieval of all historical ID applications and related records, it is also fully compliant with the government's exacting auditing procedures.

    According to FileNet, integrating seamlessly with other enterprise applications and systems at the Hong Kong Immigration Department, FileNet's ECM solution enhances overall efficiency since it enables Immigration Department staff to retrieve historical ID records instantly without having to wait for microfilm or index cards to be found and dispatched from archives. This will help significantly increase the speed at which the new cards are processed. With the ECM solution in place, the Department now has a secure and permanent store of critical immigration information to safeguard from disaster and misuse.

    'The Smart Card project is an ideal showcase for FileNet's powerful ECM capabilities - in this case, managing the vast amount of historical data that must now be made instantly accessible to the Immigration Department' said Hugh Sutherland, vice president of Asia Pacific Operations, FileNet Corporation. 'It is yet another example of how FileNet can help organizations manage content by automating, simplifying and streamlining their business processes.'

    For further information about FileNet, please visit their website at FileNet.com


  • Television Broadcasts Ltd. V. Hemmul aka Huang Zhi Ming Claim Number: FA0111000102521

    PARTIES: The Complainant is Television Broadcasts Ltd., Kowloon, Hong Kong (“Complainant”). The Respondent is Hemmul aka Huang Zhi Ming, Guangzhou City, Guang Dong Province, CHINA (“Respondent”).


    REGISTRAR AND DISPUTED DOMAIN NAME:
    The domain name at issue is , registered with Dot.tv.

    PANEL'S FINDINGS:

    1. Complainant operates a commercial television station in Hong Kong.

    2. Complainant has used the letters, TVB as its trademark since 1967.

    3. Complainant registered trademark, TVB under the trademark laws of Burma/Union of Myanmar; Cambodia, France; Germany; Hong Kong; Japan; Malaysia; Panama; Peoples Republic of China; and South Africa. All of the trademark registrations were prior to Respondent's registration of .

    4. Complainant states that it owns and operates a web site under the domain name, tvb.com since 1999. No evidence was presented to show this to be true. But since it is not disputed by Respondent, it is taken as admitted.

    5. Respondent registered the domain name, on May 20, 2001.

    6. Respondent is a resident of the Peoples Republic of China and was a resident on May 20, 2001.

    7. Respondent was on constructive notice of Complainant's right in its trademark, TVB, on account of the trademark registration in the Peoples Republic of China.

    8. Complainant has rights and interests in the trademark, TVB.

    9. Respondent has no rights and interests in the domain name .

    10. The trademark and disputed domain name are identical.

    11. Respondent registered and is using the domain name, , in bad faith.

    DISCUSSION

    Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”

    Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

    (1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

    (2) the Respondent has no rights or legitimate interests in respect of the domain name; and

    (3) the domain name has been registered and is being used in bad faith.

    Identical and/or Confusingly Similar

    Complainant shows that it has used the trademark, TVB, since 1967. Complainant shows that it registered the trademark, TVB, in a number of countries including the Peoples Republic of China. The registrations all were undertaken prior to Respondent's registration of the disputed domain name. Complainant clearly has rights in the trademark, TVB for the purposes of the requirements needed to proceed on this issue.

    The trademark, TVB, is identical to the domain name, . Internet level indicators “such as ‘tv’ do not affect the similarity or identicality between the mark and a disputed domain name.” see Don Cornelius Productions, Inc. v. Fred Fluker d/b/a Futurevision, DTV2001-0026 (WIPO Dec. 7, 2001). see also Toronto Star Newspaper Ltd. v. Elad Cohen, DTV2000-0006 (Jan. 22, 2001), holding that the domain name “tstv.tv” and the trademark TSTV are identical. see also HSBC Holdings Plc v. Iain Rayner, DTV2001-0021 (WIPO Nov. 5, 2001); COMSAT Corporation v. TELE Satellite, DTV2001-0011 (WIPO June 7, 2001).

    Complainant prevails on this issue.

    Rights or Legitimate Interests

    Complainant shows that it has used the trademark, tvb, since 1967 in its operation of the television station in Hong Kong. Complainant registered the trademark in a number of countries including the People's Republic of China. It can be inferred that Complainant has never licensed or authorized Respondent to use the trademark. It can be inferred that there is no relationship between the parties, business or otherwise, that would permit Respondent to use the trademark, tvb. Complainant contends that it has exclusive right to use the mark. see America Online, Inc. v. Tencent Communications Corp. FA93668 (Nat. Arb. Forum Mar. 21, 2000). Respondent makes no claim that he has ever been known as tvb or tvb.tv.

    As a result of Complainant's showing, and Respondent's apparent lack of rights and legitimate interests in the domain name tvb.tv, the burden must shift to Respondent to demonstrate Respondent's rights and legitimate interests in the domain name. see Clerical Med. Inv. Group Ltd v. Clericalmedical.com, D2000-1228 (WIPO Nov. 28, 2000); MedStaff Alternatives, Inc. v. Dustina M. Bennett, FA97260 (Nat. Arb. Forum July 11, 2001).

    Respondent may demonstrate his rights and legitimate interests in the domain name by any of the methods set out in Paragraph 4(c) of the Uniform Domain Name Dispute Resolution Policy. Respondent makes no attempt to show rights and legitimate interests in the domain name. Respondent merely contends that Complainant had not registered its trademark in Tuvalu nor taken active steps to put the registrar, DOT TV, on actual notice of Complainant's trademark rights. Complainant is not required to perform either of these acts to maintain its trademark rights. Complainant registered its trademark in the People's Republic of China, the country in which Respondent is a resident.

    Respondent, having undertaken to show none of the factual situations that would establish rights and legitimate interests in TVB or , it must be found that Respondent has no rights or legitimate interests in the domain name. Complainant prevails on this issue.

    Registration and Use in Bad Faith

    It is Complainant's responsibility to show bad faith in order to prevail in a domain name dispute. See Paragraph 4, Uniform Domain Name Dispute Resolution Policy. Complainant's pleadings and submissions are so terse and incomplete that it makes it difficult to ascertain the true facts and circumstances of this case. Respondent's submissions are even more terse and incomplete. However, it is clear that any use of by Respondent on the Internet would create a situation where it would be “inconceivable that the respondent could make any active use of the disputed domain name without creating a false impression of association with the Complainant.” Sony Kaisha v. Inja, Kil, D2000-1409 (WIPO Dec. 9, 2000). See also Singapore Airlines Ltd v. P & P Servicios de Communicacion S.L., D2000-0643 (WIPO Aug. 29, 2000). That confusion is all the more evident when it is recognized that Complainant operates a television station. Any use on the Internet of in the areas of the People's Republic of China and Hong Kong, is bound to cause confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's web site or location or of a product or service on Respondent's web site or location. See Paragraph 4(c)(b)(iv), Uniform Domain Name Dispute Resolution Policy. The question remains whether Respondent will intentionally attempt to attract, for commercial gain, Internet users to his web site or other on-line location. Respondent makes no attempt to show what he intends to do with the domain name. But upon notification by Complainant to Respondent of the possible trademark infringement between the trademark and the domain name, Respondent shut down the web site.

    Respondent admits the following: “But this registration is not on purpose, and this is ratified by Television Broadcasts Limited in the communicate. We admit that we will transfer the domain name in dispute to Television Broadcasts Limited preferentially without damnify. And this attitude is ratified by Television Broadcasts Limited either…after realizing the attitude of the Television Broadcasts Limited, I have shut down the website…” Respondent states that he did not know of Complainant's trademark rights when the domain name was registered. The domain name was not registered “with malice” Respondent contends. There is no evidence to find “malice” in this case, and none is found. Malice has no part in domain name dispute proceedings.

    The admission of Respondent that he will transfer the domain name in dispute to Complainant “preferentially without damnify” is taken to be an admission that the domain name infringes on the trademark of Complainant and that the use of the domain name will cause the situation proscribed by Paragraph 4(b)(iv). Under these circumstances, it is found that the elements of this section have been met. Complainant prevails on the bad faith issue.

    DECISION: TRANSFER ORDERED

    IT IS HEREBY ORDERED THAT THE DOMAIN NAME, , NOW REGISTERED TO THE RESPONDENT, HEMMUL ALIAS OF HUANG ZHI MING, BE TRANSFERRED TO THE COMPLAINANT, TELEVISION BROADCASTS LTD.

    Dated January 24, 2002


    Types of Risks of E-Business

    According to Marsh, Inc. a leading provider of cyberinsurance services to e-businesses, the following are most obvious types of risks for conducting online businesses:

  • Damage, Theft, or Disclosure of Electronic Information. Information security (data integrity, confidentiality, and availability) is critical to the expanding e-Financial Services industry. Sensitive transactions, such as customer payments via credit or debit card, health care information, etc. require a high degree of security and confidentiality.

  • Loss of Service. In cyberspace, the reasons for Web outages are largely the result of "intangible" or human events, and less likely due to uncontrollable causes such as fire or earthquake.

  • Authentication and Non-Repudiation. Especially in business to business e-commerce, both parties must be properly authenticated. A digital signature may be required to form a binding contract and two essential questions must be answered electronically: Can we with confidence confirm whom we are dealing with and can we prove that they did in fact make the transaction?

  • Computer Fraud. The costs of network/Internet fraud extend far beyond the fraud or crime itself. Financial losses alone may result from the need for network downtime while locating and fixing the security breach, the need for an emergency audit, public relations damage control, increased fraud insurance premiums, and loss of business.

  • Privacy. Concerns about privacy are increasing daily from regulators worldwide. The issue bridges confidentiality of information from a security standpoint and electronic protection of sensitive digitized data. The critical issue is protection of information from an identifiable person.

  • Malicious Code. Despite the advances in anti-virus software, this remains a serious global cause of data damage and destruction, disruption in service, and destruction of computer components.

  • Legal and Regulatory Uncertainty. At present, the extent to which banking, insurance, securities, and other laws will be affected by the Internet is largely unknown.

  • Intellectual Property, Content, and Advertising Infringement. Everything on a Web site can be copyrighted as intellectual property. Even business processes over the Web today can be patented. The Internet creates new exposures for content and advertising that are unlike any other medium; although it is complicated by lack of global uniformity in managing these issues.


  • Virus Attack and Distributed Denial of Service Attack (dDoS)

    Book_cover-141x200The attack by virus poses as an imminent danger to on-line financial services. It would result in downtime on the on-line operation and loss towards customers' data and more important loss of the providers' goodwill and business. Besides, it may generate legal liability towards the financial services providers, stock brokers or financial institutions are all alike. Malicious virus like Kournikova, Melissa and I Love You are real threats to on-line trading businesses. The viruses can tie up computer networks and crashed e-mail servers resulting to downtime of the businesses and hence huge losses. The on-line merchants are potentially liable for losses owing to consumers or businesses visitors to the web-sites. That is why in recent years, security and legal liability have become one of the major areas of concern to system administrators and business managers. Cyberinsurance can also serves as a way to mitigate the risk among on-line merchants. However, cyberinsurance is far from being a mature product in the cyberspace world. According to Marsh Inc., a leading cyberinsurer for e-business insurance have given a rather comprehensive list on risks of e-businesses. Damage, theft, loss of service remain to be the leading items of concern of e-business participants.


    Typical policies and procedure on managing software

    The following is sourced for the Hong Kong Institute of Education and is a typical set of polices and procedures on managing software within an organisation as part of the software asset management. Business managers is made aware that there had been criminal prosecutions by the Customs & Excise Department on possession of pirated software copies against companies in Hong Kong. Therefore, having a software asset management policy is a must for each and every enterprise using software in their day-to-day business operation:

  • Appoint a compliance officer or an officer responsible for managing software assets to oversee and to act as a focal point for matters related to SAM and intellectual property;

  • Promulgate internal instructions in respect of the proper management and use of computer software to ensure that each staff member clearly understands the requirements;

  • Ensure general awareness of all staff members to use only authorized software;
    Acquire software legitimately;

  • Keep software licences;

  • Keep software inventory up-to-date;

  • Maintain and implement proper procedures for installing and distributing software;

  • Conduct periodic software asset audit; and

  • Confirm proper licensing and authorization for all software used.

  • What is Software Asset Management?

    The amendments to the Copyright Ordinance introduced in 2001 criminalised the possession of pirated software by business corporations, including non-profit-making organisations and schools. Because of that, many enterprises has formulated a software asset management policy and practice in order to ensure the the full observance of the law and compliance of the software licence agreements.


    Internet2

    Internet2® is a consortium being led by 200 worldwide universities working in partnership with industry and government to develop and deploy advanced network applications and technologies, accelerating the creation of tomorrow's Internet. Internet2 is recreating the partnership among academia, industry and government that fostered today's Internet in its infancy. The primary goals of Internet2 are to:

  • Create a leading edge network capability for the research community

  • Enable revolutionary Internet applications

  • Ensure the rapid transfer of new network services and applications to the broader Internet community
  • The JUCC (Joint Universities Computer Centre) has established a 45 Mbps Internet2 connection through HARNET (Hong Kong Academic and Research Network) to the United States. This Internet2 link is shared by all the 8 JUCC member institutions. After thorough testing, the connection was finally established in late Oct 2002.

    The academics and researchers from the tertiary institutions in Hong Kong have alreadystarted many Internet2 collaborative research activities with their overseas peers. Examples include

  • Atmospheric research

  • Distance learning projects using videoconferencing technology

  • Bioinformatics databases

  • Grid Computing

  • Telemedicine
  • In addition, the HARNET Internet2 connection has been enhanced to support advanced networking features. For example, the next generation network protocol, IPv6, is currently supported together with IPv4. HARNET has also been enhanced to support IP multicast, which allows effective point-to-multipoint network communications.

    More information on Internet2 can be found at: http://www.jucc.edu.hk/Internet2


    Experimenting the use of Internet2 by academia

    Internet2 is a consortium being led by 200 worldwide universities working in partnership with industry and government to develop and deploy advanced network applications and technologies, accelerating the creation of tomorrow's Internet. Internet2 is recreating the partnership among academia, industry and government that fostered today's Internet in its infancy. The primary goals of Internet2 are to:

  • Create a leading edge network capability for the research community

  • Enable revolutionary Internet applications

  • Ensure the rapid transfer of new network services and applications to the broader Internet community
  • The JUCC (Joint Universities Computer Centre) has established a 45 Mbps Internet2 connection through HARNET (Hong Kong Academic and Research Network) to the United States. This Internet2 link is shared by all the 8 JUCC member institutions. After thorough testing, the connection was finally established in late Oct 2002.

    The academics and researchers from the tertiary institutions in Hong Kong have alreadystarted many Internet2 collaborative research activities with their overseas peers. Examples include

  • Atmospheric research

  • Distance learning projects using videoconferencing technology

  • Bioinformatics databases

  • Grid Computing

  • Telemedicine
  • In addition, the HARNET Internet2 connection has been enhanced to support advanced networking features. For example, the next generation network protocol, IPv6, is currently supported together with IPv4. HARNET has also been enhanced to support IP multicast, which allows effective point-to-multipoint network communications.

    More information on Internet2 can be found at: http://www.jucc.edu.hk/Internet2


    Theft of Online Game Weapons


    elaw120x120
    A few years ago, young people in Hong Kong have begun to be attracted by online games. Many games are fighting or war programs offering virtual weapons which can be purchased by players. The weapons have a money value. The higher level a player attained in the game with your virtual weapon, the more monetary value your weapon is worth.

    Beginning in 2003, there are increasing number of complaints regarding virtual weapons being stolen from online game players' account. According to the police's report, some complaints refer to online gaming accounts being misused thus accumulating large sums to the victims' monthly bills. From the police's enquiry, there are several ways in which the culprits could have stolen the virtual weapons or misuse the accounts. These methods may in fact be criminal in nature and the culprits may therefore be subject to criminal prosecution:-

  • Social Engineering - victims could have revealed their user ID or passwords to their online game partners or even to close friends thus allowing their accounts to be abused by the culprits. The related offence can be : unauthorised access to computer through telecommunications.

  • Plug-ins - Some victims revealed that they have downloaded plug-in programs for online games so that the game can be set at "auto play" mode. These plug-ins are often downloaded from unknown sources and some may contain hacking program such as Trojan Horse. Hacking amounts to unauthorised access to computer, access to computer with dishonest intent and criminal damage

  • Hong Kong Law Firm provides legal information for Free

    Yip, Tse & Tang, a Hong Kong law firm reputable on providing legal services to the mass market is dedicated to offer FREE legal information and materials on-line. Legal information belongs to the public domain and people should be allowed free and easy access to it," says Thomas Tse, IT Partner of the firm.

    InternetSolicitor.com was set up by Yip, Tse & Tang, Solicitors and launched in 1999. It is constituted by partners and solicitors of Yip, Tse & Tang and aims achieving the mission. As early as 1997, the firm set up the award-winning Chinese law portal www.solicitor.com.hk. In 2004, the firm set up another law portal www.8989.com.hk in order to provide multi-media law contents on the Internet. Both web-sites are FREE for access and use. @eLaw.com.hk is also one of it. Offical website of Yip, Tse &Tang, solicitors is at www.ytt.com.hk.

    In 2000, Yip, Tse & Tang was selected by the ITS Department, HKSAR Government as a Reference Case on use of e-commerce on professional services


    Technology Court in High Court of Hong Kong

    Source: Judiciary, HKSAR Government

    For the Benefit of the Legal Profession and Court Users

    With a view to enhancing the efficiency and effectiveness of court support services, the Judiciary is pleased to introduce the first Technology Court in Hong Kong.

    The Technology Court is a direct response to the changing needs of court services today. Court users and the legal profession will be able to take advantage of the new courtroom technologies now in place to facilitate the conduct of proceedings.

    Fully Integrated Courtroom Technologies

    The Technology Court is equipped with user-friendly features and facilities, including video conferencing, multimedia presentation of evidence, electronic documentation and exhibits handling, and enhanced interpretation services-all integrated into a centrally controlled network. Moreover, a customised projection system has also been installed at the court lobby so that proceedings may be broadcast to interested parties who cannot be accommodated in the trial court.

    Video Conferencing

    With the aid of video conferencing facilities, not all witnesses are required to be in court to give evidence. The facilities provide court users with a convenient and less expensive option for taking evidence from overseas witnesses. Parties to the proceedings can save the time and expense of travelling overseas.

    Multimedia Presentation of Evidence

    The Technology Court enables the presentation of evidence by way of a multimedia platform, incorporating audio, video, and digital signals with graphics, text, film, and computer animation. The components of the multimedia platform include an electronic whiteboard, a visualiser, projectors with motorised projection screens, personal computers with LCD monitors, audio and video players and recorders for a variety of formats (including CD, VCD, DVD, MD and MP3), and a fully integrated sound system.

    Electronic Whiteboard: On-screen Annotation

    An electronic whiteboard or a touch-screen LCD monitor used together with markup software will allow parties to annotate electronically on documents displayed on screens in the courtroom. Notes or other explanatory markings will then be captured, stored or printed for circulation or court records.

    Visualiser: Image Capture and Display

    A visualiser is a document camera capable of capturing and displaying images of hardcopy documents, physical objects, or negatives. Such images can be instantaneously broadcast on in-court display screens or saved in the computer for further annotation using the electronic whiteboard or touch-screen markup facilities

    Electronic Documentation and Exhibits Handling

    All data is safely stored in a central data bank that handles common multimedia and file formats and is fully indexed for instantaneous retrieval of information. Data protection is strictly observed and access to data is restricted to the parties concerned.

    Enhanced Interpretation Services

    The system can cater for multilingual or multi-dialect consecutive interpretation through dedicated channels, enabling a defendant to select his preferred language.

    Other Features

    The Technology Court provides Digital Audio Recording and Transcription Services and allows the examination of vulnerable witnesses via Closed Circuit Television. It is also wired to facilitate real-time court reporting and transcription services.Application for the Use of Facilities.

    A formal application has to be made before the level of court where the case is heard or tried. The court may from time to time prescribe and revise the charges levied for the facilities.


    Electronic Time Stamping

    Hongkong Post is partnering with The Chinese University of Hong Kong on providing e-timestamping service for the Internet and e-commerce community. Electronic Time-Stamping (e-TS) is a secure online notary mechanism, which certifies that a set of data has existed and has not been altered since a specific point in time. It serves as a trusted third party witnessing the existence and particulars of electronic data.

    Regardless of the format and the content, any electronic data can be timestamped. e-TS can be applied to online business transactions, e-mails, secure messaging, intellectual property protection and other time-sensitive services.

    A FREE trial to create your own timestamping is available online now. You can visit in Hongkong Post website www.hongkongpost.gov.hk or click www.e-timestamping.com to have a free trial and get more details.


    New Usage of e-Cert : Online securities trading at KGI

    KGIKGI, one of the largest equity and futures brokerages in Hong Kong, has adopted e-Cert in its online securities services. You can now enjoy a more secure online trading environment by using e-Cert to place orders, amend or cancel buy/sell order instructions, enquire order status, etc. With e-Cert, your online identity cannot be easily faked by others. In addition, confidential data such as password and financial information are well protected during online securities transactions.

    It is easy to get started. Once you have successfully applied a KGI online securities trading account, you can register to use e-Cert to login at www.kgieworld.com. Just associate your HKID number to KGI online securities trading account to finish the registration.

    By trading with e-Cert at KGI, you can enjoy the following privileged offers:

  • Free real time snapshot market data - EasyQuotes (Hong Kong) (100 quotes/month)

  • KGI's online futures clients can enjoy FREE real time quotes & Intelligent Market Strategies services.

  • Hongkong Post's new root certificateadmitted to Microsoft Root Certificate Program

    Hongkong Post's new root certificate ("Hongkong Post Root CA 1") was admitted to the Microsoft Root Certificate Program

    Starting from April 2004, Hongkong Post's new root certificate ("Hongkong Post Root CA 1") was admitted to the Microsoft Root Certificate Program, in addition to the old root certificate ("Hongkong Post Root CA") which had already been admitted in July 2003. The program aims at protecting Microsoft customers from security issues related to the use of public key infrastructure (PKI) certificates. This means that Internet Explorer and Outlook Express users of Windows XP and Windows 2003 will now trust certificates issued by Hongkong Post under the two root certificates.

    Users on platforms before Windows XP can also pick up and install the two Hongkong Post root certificates to their operating systems when they perform the Windows Update at URL, http://windowsupdate.microsoft.com. Please note that Root Certificate Update is not a critical update and users need to explicitly click-open the optional Windows 98/ME/NT/2000 Update list to include the Root Certificate Update.

    The admission of Hongkong Post to the Microsoft Root Certificate Program is a solid proof of the trustworthiness of the Hongkong Post CA System and e-Cert.


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