Happy New Year and welcome to the first Simpson Grierson x-tech ezine of 2007.

We have three articles for this issue covering issues ranging from computer crimes to organ donations.

The Ministry of Economic Development (MED) has released a discussion paper for the tenure of radio licenses. In our first article Marc Cropper and Karen Ngan outline some of the issues and concerns in the paper and summarise what the MED is looking for comment on from the industry.

In our second article for this month, Fiona McKenzie and Earl Gray provide an update on copyright law with particular focus on digital technology.

And Dan Park and Jon Lewin provide an overview and perspective on the new Human Tissue Bill aimed at clarifying for people what exactly it means if you tick 'yes' on your driver's license application to be an organ donor.

Many of our articles are generated from reader and/or client inquiries. If there is a topic you'd like to see covered in the ezine, please let us know. Also, feel free to forward your copy to any interested colleagues. They can also sign up for the distribution list.

Regards,

Simpson Grierson's x-tech group

If you've had reason to apply for a driving licence recently, you will be aware that the current Land Transport New Zealand (LTNZ) licence application forms require you to indicate whether or not you would be willing to donate organs in the event of your death. LTNZ cannot produce a licence card for you until you've ticked 'Yes' or 'No'.

Whatever your personal views on organ donation, you may be left wondering exactly what it would mean if you ticked 'Yes'. The fundamental problem is that it is not clear what you are signing up to. Moreover, there is no indication of whether your choice whether or not to donate was an informed one. It is precisely this issue that the new Human Tissue Bill (Bill) attempts to clarify through the imposition of an informed consent framework.

"Online contract" is a term commonly used to describe a contract which has been formed via electronic communications rather than more traditional means such as a contract recorded on paper or entered into verbally. An online contract must still meet the same requirements as a contract in the traditional sense in terms of offer, acceptance, consideration, certainty of terms and intention to be bound by the terms of the contract.

Section 8 of the Electronic Transactions Act 2002 makes it clear that the fact that a contract is concluded over the internet rather than on paper or in person does not affect its validity.

There are many ways parties can enter into an online contract. As the internet expands in scope, innovative new ways of contracting will develop. Some common ways of entering into an online contract include: