May 9, 2007 no. 487 - Vol. 5


"ELOQUENCE, n. The art of orally persuading fools that white is the color that it appears to be. It includes the gift of making any color appear white."

Ambrose Bierce


In today's Grammatigalhas: From Compliance to E-Compliance

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  • MiMIC Journal

China, Russia deny weapons breach

China and Russia have denied claims by Amnesty International that they are supplying arms to Sudan for use in Darfur, in breach of a UN arms embargo. A report by the rights group says the weapons end up in the hands of the government-backed Janjaweed militia.

  • Grammatigalhas

Legal Meaning Is Not Everyday Meaning

Compliance

Physiology: a measure of stiffness in mechanical science and physiology;

Regulation: In management, the act of adhering to, and demonstrating adherence to laws, regulations or policies;

Medicine: In medicine, a patient's (or doctor's) adherence to a recommended course of treatment.

Subsumption

The act of subsuming. Something subsumed. In Logic: the minor premise of a syllogism.

Everyday "Legal" Jargon

E-compliance

As E-Commerce has continued to grow, dealing with the corresponding legal issues has become business as usual, though there have been prominent exceptions. Indeed law appears to have absorbed the initial shockwaves of digital technologies, whether through subsumption of new or not so new problems under old rules or through innovative efforts on the part of the legal system itself. Observed systemically, rapid innovation in information and communication technologies and the emergence of e-Business models caught the legal system up in a remarkable process of adaptation. Certainly, the corresponding adjustment and feedback processes of the last ten years have not gone completely smoothly. Particularly, difficulties have emerged in those areas of corporate practice involving multiple aspects of compliance with the part newly created, part long standing but newly interpreted ground rules of information law.

E-Compliance can be described as the management of risks at the intersection of law, technology and the market that have emerged through and in reaction to the computerization and digital networking.

From Compliance to E-Compliance

Compliance — a concept that initially stemmed from the U.S. banking world — generally indicates the observance of norms on the part of an organization. Compliance entails not only the observance of legislation, industry standards, statutes, directives, etc., but also ethical behavior on the part of the organization, that is, corporate citizenship. Compliance also has a managerial dimension and in this sense represents the totality of all measures aimed at preventing the violation of rules on the part of the organization, its functional elements and its employees.

Thematically the general understanding of compliance has changed in the last few years. Due to its origins in the banking sector, compliance has traditionally been focused on sector specific areas of risk such as service and financial market surveillance, insider trading, money laundering and the like. With its extension to other industries — after all, customers and shareholders of every organization are interested in uncovering malfeasance — compliance has evolved from a segmented approach focused on specific legal areas or fields of activity to a comprehensive concept which today also includes the observance of anti-trust, anti bribery, labor and environmental rules, to name just a few examples. In the course of the dot com boom of the late 90s, a new compliance risk area was added under the heading "electronic communication" which carries with it the structure of what we here call "e-Compliance."

Central Themes of E-Compliance

As stressed above, e-Compliance concerns an organization's handling of the changes in the legal system that have resulted from digitization. These changes can (and must) be analyzed from the perspective of positive law applicable to digital subject matter, which is traditionally accomplished through the identification of risk areas or the creation of a new compliance risk area that might be termed "electronic communication." At the same time, the changes in the legal system referenced above point toward certain structures that overlay these risk areas and partially obscure them from view. These structures have significant implications for the design of an internal (e-)compliance program.

Compliance Risk Areas

Practical experience clearly indicates that E-Compliance is marked by thematic diversity and represents a pervasive task. In essence, five central areas of risk may be identified which usually lie within the purview of E-Compliance, albeit with different relevance for each individual organization-depending on sector, size of the organization, business model, etc. The majority of the identified areas below are not only relevant for dot com businesses such as eBay, Google, or Microsoft but also for traditional companies since they also communicate via electronic channels both internally and externally.

  • Security: The assurance of IT security is unquestionably at the core of e-Compliance. Security questions range from threats from viruses, worms, spyware and the like to hacking, or the theft of data or hardware such as laptops. In order to protect information and secure information systems, multi faceted technical, administrative and personnel related measures are required and must be attuned to legal requirements as well as self regulatory initiatives, such as industry "codes of practice", etc.

  • Data Privacy: Closely related to the field of security is the observance of data privacy statutes in the processing of customer and employee data. Currently, many European mid to large sized organizations must face crucial data privacy and employment law related issues which stem from the use of the internet in the workplace generally and of e-mail in particular. Thus, the question arises, for instance, as to what extent and under what circumstances management can enforce and monitor internal company policies—particularly the prohibition of private email usage.

  • Issues surrounding the protection of customer data recently made headlines in the United States—for instance in the context of personalized online advertising, the release of search terms to criminal enforcement authorities or to private parties, and also in the context of social networking sites. Consumer Protection: Similar to privacy concerns, consumer protection represents yet another important subject for e-Compliance. Consumer protection law obviously plays a significant role in e-Commerce, for instance with regard to the viability of choice of law and forum selection clauses, or the formation, performance and termination of consumer contracts. Achieving compliance in crossborder dealings becomes particularly difficult in light of the prevailing heterogeneous body of consumer protection law.

  • Intellectual Property, especially Copyright Law: For online businesses, the compliance field has traditionally been associated with intellectual property law and copyright law, in particular. In accordance with the general trend toward a "participatory culture," models for online business are increasingly designed on the participation of users (Web 2.0). As a consequence, the risks of copyright infringement for online intermediaries increase considerably, and specifically for violations perpetrated by their own customers. This trend may be observed on both sides of the Atlantic. Legal issues become particularly complex and even go beyond e-Compliance issues where large scale digitization projects and aggregation services are concerned.

  • "Content Governance": The compliance departments of internet providers in particular face the challenge of complying with a plethora of national regulations that govern the online content which they themselves produce or host on behalf of their users and which is delivered worldwide. For instance, civil and criminal liability for third party content is largely unclear in Switzerland. Whereas certain categories of internet providers were initially shielded from liability in the U.S. and in Europe, the pendulum now appears to be swinging back in the other direction. Ethical norms have also come to play an increasingly important role in this field, as demonstrated by the recent case of U.S. internet businesses which have begun offering services on the Chinese market.

Three Not So Fictitious Case Scenarios

The risk areas for e-Compliance identified in the previous section are merely formal categories. The following three examples which the authors take from their consulting experiences — with minor changes — may illustrate the managerial challenges associated with e-compliance. They demonstrate that real life cases always combine several aspects of e-Compliance.

(a) Doyouwatch.indie.channels.cc

A group of business administration and computer science students plans to form a company which will administer a website at "www.doyouwatch.indie.channels.cc." On this site, users will be able to upload and view video clips for free. They would like to cover the costs of maintaining the website and server space through advertising. In the event that the English language version should prove successful, the group plans to expand the service to include foreign language films.

A venture capitalist is ready to finance the project but first wants to have a detailed compliance plan which addresses the following questions among others: To what extent will the company be liable for copyright infringements on the part of users, for example, when they upload commercial music videos? What legal duties does the company have to eliminate the publication of illegal content — such as child pornography — and do these duties differ according to where the service is offered? Can the company be sued when a user uploads videos that impinge upon the privacy of another person? How does the company intend to react in the event that the videos of terrorist organizations appear on the website? How can the costs of ascertaining the authors of such content be held in check? How can the Terms of Service and Privacy Policy of the service be made compliant with relevant consumer protection law?

(b) Brilliant Chemicals

Swiss multinational, Brilliant Chemicals Group, would like to harmonize and simplify its "Corporate Records & Information Management" program in order to structure its business operations more efficiently and to cut costs. Business records are not to be preserved for a longer period than is required by law and should be kept exclusively in electronic form. Management is also considering outsourcing the document management infrastructure to an IT provider operating in a low income country.

In the ensuing internal consultations, the Legal & Compliance Department draws attention to the following: (1) The preservation of data in a single location is out of the question since many countries require that certain documents, particularly tax related ones, be maintained domestically. (2) Each country in which Brilliant Chemicals operates has different statutory provisions concerning the scope of commercial preservation duties and the required level of information security. Additionally, regulations relating to the development and manufacturing of chemicals come into play, which often include decade long preservation duties for related documents. (3) The legal status for the admission and probative value of electronically scanned documents as evidence is unsettled in many countries, and the risk of litigation is considerable if the company is no longer able to produce originals. (4) The desired enterprise content management system has to be able to bring a halt to the regular deletion of data whenever a litigation hold becomes necessary. Numerous information has to be quickly located and in complete form within the context of discovery proceedings. (5) Significant concerns regarding the adequate level of data protection in the low income country call the viability of an outsourcing approach to records management into question. Further, it is unclear to what extent trade secrets would find protection under the laws of the respective country — both in terms of law on the books and law in action.

(c) Heidi Bank

Heidi Bank is an internationally operating Swiss private bank for sophisticated private and institutional clients. Its core competences are Private and Investment Banking. Heidi Bank has subsidiaries in several EU member states as well as in the U.S. Currently, each legal entity has its own e-mail retention policy. The U.S. subsidiary, for instance, allows its employees to respond to clients requests via e-mail, monitors the e-mail traffic of its employees systematically, and retains all e-mails for ten years on magnetic tapes. In contrast, the Swiss parent company bans e-mail exchanges with clients entirely, leaves it to the discretion of its employees to archive important e-mail messages, and deletes all other messages after 60 days. Heidi Bank's owner, Dr. Noetzli, is not pleased with the different ways in which e-mail is treated in different offices and asks the legal and compliance department to draft a global e-mail retention policy for Heidi Bank.

In an interim report e-mailed to Dr. Noetzli, the bank's General Counsel flags the following problems: The bank's U.S. backup system does not allow for complete and consistent e-mail retention due to technical and organizational flaws. The anticipated costs to produce e-mails in the context of an e-discovery could easily reach into the six figures. Not all of the Swiss company's employees have sufficient background in Swiss corporate law to enable them to make accurate decisions with regard to which e-mails are legally required to be preserved and which are not. In addition, the General Counsel points out the multi faceted data protection issues that arise in the context of e-mail exchanges among the different companies located across Europe, especially regarding practices such as e-mail forwarding and the sending of blind copies (BCC:).

A whistleblower within Heidi Bank forwards the General Counsel's interim report to the Securities and Exchange Commission (SEC), which considers sanctions against Heidi Bank for not having an adequate e-mail retention policy in place.

Characteristics of E-Compliance

Against the background of the risk areas and examples outlined above, what are the most important characteristics of e-Compliance that distinguish it at least in part from traditional compliance?

In our view, the four characteristics are:

1. Law and digital technology are inseparably interconnected.

2. E-Compliance has to cope with and manage legal risks arising from the legal uncertainty created by the quicksilver environment of present and future IT law.

3. Digitization and the expansion of the internet have led to a more pronounced "internationalization" of both old and new legal issues.

4. The dynamics of digitization and the associated legal uncertainty has increased the relevance of soft law.

We will now examine each of these characteristics in greater detail.

Interconnection of Law and Technology

Information and communication technology and law are closely interconnected in business practice.

First of all, the use of information and communication technology may be regarded as an important compliance risk area that touches on many different fields. Thus, the problems and issues of e-Compliance stem specifically from the increasingly pervasive use of IT on part of business organizations. The concerns of the legal department of Heidi Bank surrounding the use and retention of e-mail reflect this development as do those of the venture capitalist considering the project doyouwatch.indie.channels.cc. Notably, this project has only become possible due to the technological developments of recent years—namely the deployment of broadband connections.

Information technology, however, also offers new approaches for the fulfillment of legal duties that are (initially) technology independent. In this sense, IT also represents an instrument of e-Compliance, and software that supports and in part automates compliance tasks plays an important role in large and internationally operative organizations. Particularly companies with extensive U.S. relations—as with Brilliant Chemicals in our example—are interested in software products which permit centralized and workflow based information and records management and can, for example, suspend the automatic deletion of data in the event that a litigation hold becomes necessary.

Going beyond these highly complex, but structurally conventional software products, legal norms in certain areas are increasingly fashioned and expressed in accordance with formal logic to allow their ready implementation in software applications. Such applications are available, for example, in the area of anti money laundering efforts or are currently being developed for the enforcement of copyrights. Lawrence Lessig's famous phrase with reference to the architecture of cyberspace, "code is law", must therefore be extended to include components of the automated enforcement of law through code. These developments, however, are still in their beginnings and the reliability of such systems in individual cases remains to be seen.

E-Compliance is thus nearly as much a technical challenge as a legal one and will be even more so in the future.

Innovation and Dynamization of Law

The interconnection of IT and law outlined in the last section is also reflected on a systemic level. This fact becomes particularly apparent whenever a product or service that has been enabled by technological innovation is introduced on the market. Typically, technical innovations of interest to our subject go through a series of phases, during which conflicts emerge due to the new technology’s disruptive effects. These conflicts play themselves out in the legal arena (courts, legislation) in addition to other fora. In this regard, three forms of reaction to disruptive innovation on the part of the law may be identified: First the subsumtion of new phenomena under existing legal rules; second, the creation of new law (be it case law or statutes); third, a latent disturbance of the existing structure of the law which often results in a need for legal reform in the long run. All of these reactions contribute to the dynamization of the law. The precise outcome of these forms of reaction can even be difficult for experts to predict—similar to the impact of disruptive innovation. In this manner, considerable legal uncertainty can emerge for business organizations. One famous example is the U.S. Supreme Court’s Grokster decision of 2005, which has unforeseeable consequences for a novel company such as doyouwatch.indie.channels.cc. Brilliant Chemicals’ concerns regarding the probative value of electronic scans also testify to such legal uncertainty.

Even in areas where the legislature has reacted relatively quickly to digitization and the expansion of the internet, a sense of legal uncertainty can nonetheless prevail—not only with regard to the application of new rules but also with regard to future legal developments. These may even run contrary to developments of the past. As mentioned above, laws were enacted only a couple of years ago that excluded online intermediaries from liability for the content of third parties in an effort to promote e-Commerce. Since that time, however, a worldwide counter trend has taken shape in which online intermediaries are held responsible for ensuring that their users comply with the law. Thus, in order for online intermediaries to ensure their own compliance with the law, they increasingly need to ensure that their users are compliant with the law. The questions formulated in the example of doyouwatch.indie.channels.cc are thus very topical, and the startup would be well advised to incorporate measures for the early recognition of future legal developments into its compliance plans.

To sum up, e-Compliance has to cope with and manage legal risks arising from the legal uncertainty created by the quicksilver environment of present and future IT law.

Internationalization of Legal Problems

Digitization and particularly the expansion of the internet superimposed a significant international dimension onto both old and new legal problems. The global reach of network computing almost completely detaches business contacts (such as B2B or B2C transactions) from the location of the physical (sales or service) infrastructure of a company. In sharp contrast to this, companies who engage in online business are linked to those foreign jurisdictions in which their business partners reside. As a consequence, the likelihood of being subject to a foreign jurisdiction with unfamiliar laws has drastically increased for these companies. Conflict of law issues in e-Business are only the tip of the iceberg. A much more challenging task is to achieve compliance with differing legal rules in a corporate environment whose IT infrastructure is gradually being centralized, and whose management aims to create uniform rules for information management (e.g. document retention policy) and electronic communication (e.g. e-mail policy).

From an IT perspective, the challenge of achieving compliance is further complicated wherever the regulatory models, approaches, and statutory frameworks not only diverge but are contradictory. A current example, which is of particular significance for the financial services industry today, concerns the procurement of electronic evidence in civil suits both in Europe as well as in the U.S.: The common view in the U.S. is that eDiscovery extends to all relevant electronic records over which a party (e.g., the U.S. subsidiary of a Swiss bank) has "control"—independent of the physical location of the server where data is stored. According to the prevailing European view, this principle stands in direct opposition to the principles of mutual assistance in judicial matters. Under certain circumstances the persons conducting discovery of documents stored in Switzerland may even be punishable for carrying out "prohibited acts for a foreign state" or for performing "economic intelligence service" (Articles 271 and 273 of the Swiss Penal Code).

Additionally, the interconnection of the world through digital networks has given another push to extraterritorial jurisdiction: The relevant sections of the oftcited SarbanesOxley Act, for instance, also apply to companies whose securities are secondarily listed on a U.S. stock exchange. Inversely, U.S. jurisdiction in these cases extends to companies that are domiciled overseas and (primarily) listed on a foreign stock exchange, regardless of whether they have business operations in the United States. The E.U. Directive on the Protection of Personal Data also has indirect extraterritorial application since the transfer of personal data to countries outside the E.U. that do not have an adequate level of protection is only permissible under very restricted conditions. As a direct consequence of these rules, the U.S. Department of Commerce issued “Safe Harbor Privacy Principles”, which were subsequently approved by the European Commission. Thus, U.S. companies who wish to receive personal data from E.U. based companies must comply with those Principles—effectively subjecting parts of their U.S. operations to E.U. data privacy law.

Yet, e-Compliance is not only required to align the use of a global medium to local laws but also in some instances must account for divergent social norms as well as ethical principles—in the broad sense of "compliance" introduced at the beginning of this article. This often neglected dimension of e-Compliance surfaced for instance when several U.S. internet businesses landed in the crossfire of criticism due to their operations in China and "compliance" with Chinese law. Under a great deal of public pressure, hearings were held in Congress and a bill for a "Global Online Freedom Act" was introduced which aims to ensure that U.S. internet businesses operating in countries with repressive regimes do not violate U.S. legal and moral principles with regard to freedom of speech and the right to privacy. The affected businesses are now working to keep their promise to develop a Code of Ethics and are supported in these efforts by a group of academic research centers. In doing so, they hope, according to the opinions of observers, to preempt unfavorable legislation.

Growing Significance of Soft Law

Soft law, that is, non legally binding norms such as international standards, codes of conduct, and best practice models, make up a substantial portion of the totality of norms which are to be observed in e-Compliance. Factors that arguably contributed to this development are the legal uncertainty associated with the dynamization of the law, the accentuated internationalization of legal problems concerning digital communication as well as the highly technical character of legal materials. Soft law concerns the most varied subjects and all levels of electronic communication, including the physical and logical infrastructure as well as the content layer. The following examples may illustrate the diverse range of soft law instruments relevant to our subject:

  • IT Security: standards such as BS 7799/ISO 17799 and CobiT, as well as the OECD Guidelines for the Security of Information Systems and Networks and the OECD Guidelines for Cryptography Policy;

  • Data Privacy: the "Web Privacy Seal" certification offered by TRUSTe as well as the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data;

  • Voluntary Content Regulation: the Codes of Conduct provided by industry organizations representing access providers, hosting service providers, and search engines in Germany, France, and the United Kingdom;

  • Records Management: ISO standard 154891 and its implementations, such as the Swiss standards and guidelines eCH 0026 and eCH 0038.

The relevancy of these heterogeneous normative sources varies according to business models, the geographic area of operations, products and services, etc. of each organization. However, even from these few examples, it is clear that soft law not only plays a role for companies of the dot-com sector: whereas the codes of conduct for internet intermediaries and data privacy norms are of central importance for doyouwatch.indie.channels.cc, the “old economy” company Brilliant Chemicals will be interested in records management and IT security standards in addition to data privacy norms.

Adapted from: Urs Gasser and Daniel M. Haeusermann, Research Publication No. 2007-3, The Berkman Center For Internet & Society at Harvard Law School.

As If Your Life Depended On It... or How to get to Carnegie Hall? - Practice, practice

Drive / Disk

A hard drive and a hard disk are much the same thing; but when it comes to removable computer media, the drive is the machinery that turns and reads the disk. Be sure not to ask for a drive when all you need is a disk.

Emphasize on / Emphasize

You can place emphasis on something, or you can emphasize it; but you can't emphasize on it or stress on it, though you can place stress on it.

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  • Historia Verdadera

Chávez & DEA

El gobierno venezolano descartó autorizar el ingreso de autoridades estadounidenses para combatir el Narcotráfico en el país. El ministro del Interior, Pedro Carreño explicó que Venezuela suspendió hace dos años las actividades de la DEA en territorio nacional porque “bajo la figura de entrega vigilada” se estaba trasladando gran cantidad de droga y no se desarticulaba ningún cartel.

Papeleras

Los gobiernos de Argentina y Uruguay retomarán el diálogo en el marco del conflicto por la instalación de las Papeleras el 30 de mayo en Nueva York, Estados Unidos. La delegación uruguya estará integrada por el Canciller, Reinaldo Gargano junto a su director; el abogado y ex Decano de la Facultad de Derecho y Ciencias Sociales de Uruguay, Alberto Pérez y la directora de Medio Ambiente, Alicia Torres. Al momento se desconoce la comitiva argentina.

Investigación

Un juez de México se asignó un préstamo y un bono de retiro que asciende a 6 millones de pesos. El hecho ocurrió en la Corte Superior del Estado de Hidalgo, los documentos del presunto hecho irregular están en poder de la Corte Suprema de la Nación que investiga el caso.

Ley

El ministro de Justicia de Chile, Carlos Maldonado envía al Congreso un proyecto de ley de introduce ajustes a la Ley de Responsabilidad Penal Adolescente, que entrará en vigencia el 8 de junio próximo para todos los jóvenes de entre 14 y 18 anos que sean infractores de la ley. La propuesta principal del ejecutivo es endurecer la sanciones en casos graves y propone el sistema cerrado o semicerrado del infractor por lo menos en la fase inicial.

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  • Brief News

Clinton unveils Aids drugs deal

Bill Clinton has unveiled a major deal with two Indian drugs companies to provide cheaper HIV/Aids drugs to developing nations. The Clinton Foundation's agreement will cut the cost of what are known as second line anti-retrovirals by 25-50%. Second line drugs are used when cheaper and earlier forms of treatment fail. The new generic drugs will be made available to people with HIV/Aids in more than 60 countries in Africa, Asia, Latin America and the Caribbean.

Internet law - Panama convention

The Panama Convention was established to deal with economic and social strategies of trade relations as well as issues concerning international borders and whether cooperation would be at issue. The Panama Convention established the Latin American Economic Commission and has been an important part of ensuring that there is uniform international trade policy in place and has been instrumental in Latin American trade. Alternative Dispute Resolution is a means for settling disputes without resorting to the courtroom. In the occurrence of online disputes, this solution has worked consistently well and provided a forum for both of the litigant to resolve their disputes. Some contracts clearly outline that ADR will be the only manner in which to settle disputes. However, some organizations require dispute resolution in order to maintain membership. The purpose of ADR is that it allows disputes to be resolved without going to trial. These methods occur outside of going of court. The most commonly used forms of ADR include negotiation, mediation, neutral evaluation, and arbitration. Settling disputes through ADR may be more advantageous than litigation due to high costs and delays during the litigation process. ADR also helps in preserving potential long-term relationships between the parties that definitely arises in the electronic commerce relationships. However the use of ADR may hold significant benefits and deficiencies for all involved.

IBM and Amazon settle patents row

Computer giant IBM and internet retailer Amazon have settled their patent-infringement lawsuits. Under the deal, Amazon said it would pay IBM an undisclosed sum of money, while both firms agreed to allow the other access to some of its technology. IBM sued Amazon in October, alleging key components of Amazon's website were developed and patented by IBM. Amazon counter-sued two months later, accusing IBM of violating five separate Amazon patents. In a joint statement, both companies said they had now settled their dispute.

L'affaire Grasso: A big win for the ex-big board chief

In a victory for former NYSE Chief Dick Grasso, a New York appellate court earlier today ruled that the the state’s Attorney General “does not have the authority” to bring major parts of its case against Grasso over his $187.5 million pay package.

  • Daily Press Review

Africa

Makerere on the spot over Shs7b
Daily Monitor, Independent daily of Kampala, Uganda

KQ flight 507 crash mystery
East African Standard, Liberal daily of Nairobi, Kenya

Controversy over contributions from Ghanaians abroad
Ghanaian Chronicle, Independent, published in Accra, Ghana

Grim recovery of bodies at crash site
Mail and Guardian, Liberal daily of Johannesburg, South Africa

Unnecessary adjournments causing overcrowding in prisons ñ Levy
Times of Zambia, Government-owned daily of Lusaka, Zambia

Americas

More time needed for education in cross-cultural care
Barbados Advocate, Independent daily of St Michael, Barbados

Planes almost collide near Córdoba border
Buenos Aires Herald, Liberal daily of Buenos Aires, Argentina

China detains managers of firms that exported tainted products
The Globe And Mail, Centrist daily of Toronto, Canada

SE St Ann fallout - PNP supporters bitterly divided
Jamaica Gleaner, Centrist daily of Kingston, Jamaica

Mexico reforms outdated immigration laws
The Guadalajara Colony Reporter, Independent weekly of Guadalajara, Mexico

Asia Pacific

Competition growing for good teachers / Retirement wave pushes hiring drive
Daily Yomiuri, Conservative daily of Tokyo, Japan

Wen to address African Development Bank meeting
People's Daily Online, Pro-government daily of Beijing, China

Power jailed for 15 months
The Sydney Morning Herald, Centrist daily of Sydney, Australia

Govt not to Award Two Mega-power Projects to One Firm
The Himalayan Times, Independent daily of Kathmandu, Nepal

Comelec: Winners known in 3 days
The Manila Times, Pro-government daily of Manila, Philippines

Chemical engineer Zara is Nazrinôs bride-to-be
The Sun, Independent daily of Kuala Lumpur, Malaysia

Europe

Turkey Set for Fresh Membership Talks With EU
Deutsche Welle, International broadcaster of Cologne, Germany

Eurovision surge hits city today
Helsingin Sanomat, Centrist daily of Helsinki, Finland

Russian Railways to end Tallinn-St. Petersburg service
Interfax, Government-owned news agency, Moscow, Russia

Hope and history rhyme
Irish Examiner, Centrist daily of Cork, Ireland

Jets, Guns but No Victory Day Tanks
The Moscow Times, Independent, English-language daily of Moscow, Russia

Six Islamic militants in plot to attack army base in US, says FBI
The Scotsman, Centrist daily of Edinburgh, Scotland

Worried Turkey warns Sarkozy to quit election rhetoric
Turkish Daily News, Independent daily of Istanbul, Turkey

Middle East

Iraq's other war
Al-Ahram Weekly, Semi-official, English-language weekly of Cairo, Egypt

Balanced Growth for All Regions
Arab News, Pro-government, English-language daily of Jidda, Saudi Arabia

Dubai cracks the whip on smokers in public places
Gulf News, Independent daily of Dubai, United Arab Emirates

Kadima officials: We must look for replacement PM
Ha'aretz, Liberal daily of Tel Aviv, Israel

Common language sign of deep Iran-Tajik ties, speaker
Islamic Republic News Agency, Government-owned news agency of Tehran, Iran

War testimonies of PM, Peretz, Halutz to be published today
The Jerusalem Post, Conservative daily of Jerusalem, Israel

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