Showing papers in "International Review of Law, Computers & Technology in 2003"
TL;DR: By considering two diverse cases: peer-to-peer file sharing software and the cryptographic interface in Microsoft products, the paper presents a revised understanding of the relationship between technology and regulation.
Abstract: Lawrence Lessig's argument that 'code is law' runs the risk of reifying the notion of code. This paper balances Lessig's view about the plasticity of technology with experiences from information systems. By considering two diverse cases: peer-to-peer file sharing software and the cryptographic interface in Microsoft products, the paper presents a revised understanding of the relationship between technology and regulation.
36 citations
TL;DR: The conclusion from this examination is that, although some IT is being used and increasingly so, this is still a developing field, this the relatively slow take-up of ODR in the field of commercial arbitration.
Abstract: The question this paper addresses is how can information technology support the resolution of disputes through arbitration and mediation. The first and second parts will examine the benefits of online dispute resolution, some of the pitfalls it may present and how these can be avoided. The third part will then look at one of the more formidable obstacles--the issue of security of communications. The fourth part will examine the use of ODR in one particular sector, the traditional arbitral institutions. Much has been written about the application of ODR in areas other than commercial arbitration, such as consumer e-commerce and domain name disputes, where its use has been on the whole successful. Arbitration, being a fact-finding and decision-making process, seems ideally suited to IT. It is therefore interesting to see to what extent ODR is used in practice. The conclusion from this examination is that, although some IT is being used and increasingly so, this is still a developing field. This paper will c...
20 citations
TL;DR: In this article, the authors use the example of Internet Service Providers' self-regulation to identify a number of current limitations and restrictions of effective self-regulatory systems, i.e., they are bound by national boundaries, that is, they regulate behaviour of participants coming from a particular territory only; or are lacking in efficient sanctions, public accountability and actual monitoring and reviewing systems.
Abstract: For primarily technological, economic and political reasons, self-regulation has been put forth as a suitable regulatory system of 'online' realities. This paper reviews the problems set by the transnational character of cyberspace activities on regulation giving particular attention to self-regulation. The authors use the example of Internet Service Providers' self-regulation to identify a number of current limitations and restrictions of effective self-regulation. These include, inter alia , the claims that the current initiatives are: in essence, bound by national boundaries, that is, they regulate behaviour of participants coming from a particular territory only; or are lacking in efficient sanctions, public accountability and actual monitoring and reviewing systems. The authors argue that self-regulation systems are capable of going beyond the current set of limitations. Essentially self-regulation initiatives need to prove that they are capable of overcoming the transnational limitation of regulatio...
20 citations
TL;DR: The ethical obligations of the industry to address the needs of a global citizenry are considered, and the question is raised of whether the relationship between public and private partnerships in the development of biotechnology needs to be reconsidered.
Abstract: Private investment in biotechnology, a growth industry over the last 20 years, has depended on the combination of large, risky investments in research and development with monopoly profits secured through patent protection of the successful products. This business model, which has made pharmaceuticals first in profits on the list of Fortune 500 global companies, is everywhere under assault. The article begins by explaining the relationship of the importance of the business model to the success of the biotech industry. The changing nature of innovation in the biological sciences and the growing importance of incremental discoveries are then examined. The challenges posed by the escalating costs of pharmaceutical expenditures, the crumbling health care infrastructure in the USA, and the global unavailability of lifesaving medications are also considered. These changes are linked to the legal infrastructure, explaining the role of patent protection in encouraging and potentially deterring further innovation....
17 citations
TL;DR: It is suggested that, while online dispute resolution is both a tool and a process, its development is still in its infancy, and more research is required before it can be confident that such practices and guidelines take advantage of the new technologies while avoiding their disadvantages.
Abstract: This article provides an overview of recent developments in the use of technology in dispute resolution processes, especially when dispute resolution is provided online. It discusses the nature of new technologies, the advantages and disadvantages involved with the use of such technology and the policy and regulatory issues arising from such processes. The article also describes current uses of information communication technologies to provide dispute resolution services from negotiation to online courts. A concluding section suggests that, while online dispute resolution is both a tool and a process, its development is still in its infancy. Various government and industry bodies have been struggling to develop a policy and practice framework governing ODR . However, it is clear that more research is required, especially from an interdisciplinary perspective, before we can be confident that such practices and guidelines take advantage of the new technologies while avoiding their disadvantages.
16 citations
TL;DR: An evaluation of the development and implementation of the Lancaster University Virtual Learning Environment and its subsequent pilot to support collaborative learning on a compulsory first year undergraduate law course is presented.
Abstract: This paper presents an evaluation of the development and implementation of the Lancaster University Virtual Learning Environment and its subsequent pilot to support collaborative learning on a compulsory first year undergraduate law course. This has been a collaborative venture between academic staff in the Law School and the University's central learning technology support staff to move beyond a simple web-based discussion space that was used previously on this course, to the more substantial web-based learning environment provided by LUVLE. The course has been designed to promote independent, collaborative, networked learning with a significant emphasis on problem-solving activities. The complexity of the web-based negotiations that form the main collaborative component of this course provides an ideal test-bed for LUVLE. LUVLE was designed and implemented for the start of the academic year in October 2001. The technology underpinning this environment is the Lotus Domino software. Outside the lecture-se...
14 citations
TL;DR: There are grounds to interrogate the view that stronger rights will inevitably lead to a more innovative and competitive industry for three main reasons; that software is a cumulative systems technology made up of multiple and incremental steps, and that strong rights could jeopardize the ease of entry and detract attention from the right course of policy action.
Abstract: In an environment widely described as a 'pro-patent era' and in the light of vigorous debates over business method patents, this article discusses how the issuance of these software-based patents could be, paradoxically, a state-sanctioned deterrent to software innovation and commercialization. It also questions if these patents fit the 'economic reality' of the software market. Empirical data on how European Internet-based software companies regard these patents are drawn from a recent study on Patent Protection of Computer Software Programs conducted for the European Commission. The paper concludes that there are grounds to interrogate the view that stronger rights will inevitably lead to a more innovative and competitive industry for three main reasons. The first is that software is a cumulative systems technology made up of multiple and incremental steps. The second is that stronger rights could jeopardize the ease of entry and detract attention from the right course of policy action with respect to i...
13 citations
TL;DR: In this paper, the authors examine the attempted reliance on copyright law and related intellectual property rights such as the database right by established print newspapers to control the dissemination of news on the Internet.
Abstract: News reporting plays an important sociological and political function in forming public opinion and thereby assisting in the democratic process but the publication of newspapers is also a lucrative business. The Internet and world wide web have revolutionized the ways in which news can be received and accessed thereby creating a perceived threat to traditional print newspapers. This paper examines the attempted reliance on copyright law and related intellectual property rights such as the database right by established print newspapers to control the dissemination of news on the Internet.|spagf|ro|epagf|
10 citations
TL;DR: It is concluded that while there is certainly room for improvement in the UK strategy for dealing with intermediaries as regards third party-provided content, it remains to be seen just how effective the current approach may prove in practice.
Abstract: UK society has long moved away from the ancient tradition of holding the messenger responsible for the content of the message. However, as the Internet became established as a popular media during the 1990s, it became often difficult to identify and trace the source of material made available online. There remains, however, a need to control certain types of Internet content, such as obscenity, copyright infringement and defamation. The paper considers how the UK has responded to the situation, and traces the evolution of an identifiable strategy for the control of online content by placing certain obligations upon Internet intermediaries. An analysis of the manner in which the same issues have been addressed by the USA is also made in order that the potential benefit of the application of an alternative approach to some of the issues the UK faces may be considered. The paper concludes that while there is certainly room for improvement in the UK strategy for dealing with intermediaries as regards third pa...
10 citations
TL;DR: In this paper, the authors assess the extent to which anonymity or pseudonymity are necessary safeguards for the protection of the individual online and evaluate the justifications for removing its protection, and assess the effect of anonymity on the public debate.
Abstract: There are many examples where the law intervenes to redress the balance between the less powerful and the more powerful either explicitly via statutory protection for consumers or tenants for instance, or implicitly in the manner in which basic human rights are protected against the might of the State or the power of certain individuals or groups. To what extent will the law protect those who use anonymity to ensure their privacy or to enable them to engage in public debate without the fear of reprisal and recrimination? This issue has been brought sharply into focus by the increasing use of the Internet as a participative forum and by consequent lawsuits that have attempted to unmask those using the shield of anonymity in this way. This paper assesses the extent to which anonymity or pseudonymity are necessary safeguards for the protection of the individual online and evaluate the justifications for removing its protection.
9 citations
TL;DR: The issue of defining spyware is discussed, and the manner in which privacy legislation can be circumvented by contract is looked at, followed by a brief look at the type of court activity taking place and a concluding discussion.
Abstract: This paper deals with the privacy issues related to the computer software that has come to be known as spyware. The privacy concerns have begun to be debated online and in trade media. Unfortunately, as we shall see, the concerns of the legislators and courts have not been focused on the privacy concerns of the individual but rather upon the economic interests connected with online assets and marketing. This paper will begin with the issue of defining spyware, and then move on to look at the manner in which privacy legislation can be circumvented by contract. This is followed by a brief look at the type of court activity taking place. The paper will then look at the basis for any claim to privacy and how it can be related to spyware. This is followed by a look at the weak attempts of legislation and a concluding discussion.
TL;DR: CommonKADS as discussed by the authors is a knowledge acquisition design system using computer-generated models to represent how tasks are performed, which agents are involved, their expertise and the communication involved in the process of evaluating eyewitness evidence.
Abstract: The Joseph Bell Centre for Forensic Statistics and Legal Reasoning has been set up to examine the correct presentation, interpretation and evaluation of scientific and forensic evidence through the use of technology. The aim of the Centre is to build computer systems for those operating in the legal system so that they can follow best practice whether investigating a crime or presenting evidence in court. The initial approach to developing computational systems is to build small-scale knowledge-based systems in specific domains. This paper presents a CommonKADS approach to designing a small-scale system to evaluate eyewitness evidence. CommonKADS is a Knowledge Acquisition Design System using computer-generated models to represent how tasks are performed, which agents are involved, their expertise and the communication involved in the process of evaluating eyewitness evidence. The knowledge to be modelled for the application has been drawn from sources such as: the police, the prosecution service, lawyers...
TL;DR: The current hybrid EC framework is outlined, the contribution of the E-Commerce Directive to a better functioning single European market for cross-border Internet banking is examined and the implementation of the ‘country of origin’ rule in the UK is presented.
Abstract: In free trade areas that consist of several sovereign Member States, legal restrictions in the provision of cross-border banking and financial services are caused by the divergent or conflicting norms (either public or private law), which apply in the constituent national markets. The solution to the restrictive effects of the conflict of laws is either extensive harmonization or perhaps uniform law or trade liberalization on the basis of mutual recognition and ‘country of origin’ regulation. In the case of the European internal market for banking services a hybrid solution has been achieved. After outlining the current hybrid EC framework, I will examine the contribution of the E-Commerce Directive to a better functioning single European market for cross-border Internet banking. I will also present the implementation of the ‘country of origin’ rule in the UK and its likely impact on cross-border electronic banking services.
TL;DR: This article will look at the various ways in which the term 'mafia' has been perceived in the former Soviet Union, bringing greater focus to the nature of the threat.
Abstract: Russian organized criminals 'have not managed to institutionalize themselves in America. Big organizations like Cosa Nostra don't exist. It has not taken off the way that many feared.' (The New York Times , 19 August 2002, cited in the newsletter of the International Association for the Study of Organized Crime at http://www.iasoc.net/news.htm.) So states Raymond Kerr, the chief of the FBI's Russian Organized Crime Squad in New York, with a palpable sigh of relief. For much of the 1990s tales of the bloody and ruthless 'Russian mafia' filled newspapers and television screens around the globe, giving cause for alarm. Indeed, in the former Soviet Union extortion, kidnapping, murder, fraud and corruption have been extensive if not rampant. However, using the label 'Russian mafia' to describe what was occurring created an expectation that the threat would resemble the traditional, western style organized crime phenomenon. First, this article will look at the various ways in which the term 'mafia' has been per...
TL;DR: The importance of accurately identifying the customer's requirements is highlighted and attention is drawn to how this process is fundamental towards securing a match between the respective expectations of the parties.
Abstract: The development, delivery and installation of a computer system specifically created to meet the customer's requirements, can be a complex task to achieve. This paper presents the view that responsibility for identifying the customer's information technology requirements is a responsibility that should be shared between the customer and the supplier. With this in mind, established legal principles relating to pre-contractual information are examined and the courts' treatment of such information arising within an IT context is analysed. The theoretical evaluation is supported by a consideration of practical issues such as approaches to system development and current IT industry practices. Throughout the paper, the importance of accurately identifying the customer's requirements is highlighted and attention is drawn to how this process is fundamental towards securing a match between the respective expectations of the parties.
TL;DR: A prime example of this control lies in the management of the domain name system (DNS) by the Internet Corporation for Assigned Names and Numbers (ICANN), in particular, the mandatory character of the Uniform Dispute Resolution Procedure (UDRP) serves to exemplify the control ICANN has over information on the Internet.
Abstract: Controlling information within a society is an essential part of the process of social control, as it serves to prevent the proliferation of thoughts and expressions that can undermine a society's overall goals. In the online environment the phenomenon of controlling information takes on new dimensions. Since the Internet is a zone that knows no national boundaries, no government can reign autonomously over it, yet governments have managed to come together to exert some control. A prime example of this control lies in the management of the domain name system (DNS) by the Internet Corporation for Assigned Names and Numbers (ICANN). In particular, the mandatory character of the Uniform Dispute Resolution Procedure (UDRP), the decisions taken in cases heard under the UDRP regarding freedom of speech, and the operation of the WHOIS database all serve to exemplify the control ICANN has over information on the Internet. Indeed, despite a lack of autonomy from the US Government in the interim, ICANN has a lot of...
TL;DR: Whether from the perspective of Scots law intelligent software agents are in fact legally agents and what their role and impact is in a legal and contractual sense is considered.
Abstract: As e-commerce and electronic contracting continue to grow in importance and use, so also will the use of intelligent software agents As countries develop their own national laws to reflect this growth in e-commerce they will also have to consider how such agent software is dealt with This article considers whether from the perspective of Scots law intelligent software agents are in fact legally agents and what their role and impact is in a legal and contractual sense The article also considers whether Scots law needs to develop to deal with existing practice in the use of intelligent agents and, if change is necessary, what influence may be taken from approaches in other jurisdictions
TL;DR: In this article, a methodology is proposed for determining how particular areas of law should apply to software and how software's unique features violate the law's assumptions, leading to results that are at odds with the underlying public policies in each case.
Abstract: A methodology is proposed for determining how particular areas of law should apply to software. The methodology asks and answers four questions: (1) What is software?, (2) How does software differ from other creative works?, (3) How are such differences legally relevant?, and (4) How should the law treat software in light of such differences? Application of the first half of this methodology reveals that computer programs have the unique quality of being human-readable and computer-executable instructions that describe actions in purely logical terms. Application of the second half of this methodology to patent law and the First Amendment to the US Constitution reveals that software's unique features violate the law's assumptions, leading to results that are at odds with the underlying public policies in each case. Recommendations are made for modifying the legal rules in both areas, and in the law more generally, to resolve these problems.
TL;DR: An international convention is proposed that online information providers should only be exposed to publication liability risks in those jurisdictions where they are expressly aware that they incur those risks, and this is achieved primarily through defining closely the place and time of publication.
Abstract: The term ‘online information provider’ spans a range from traditional publishers moving their activities from paper to electronic publishing, through aggregators and online directories, to ISPs. These entities have become a core element of the global communications infrastructure. Because their activities are necessarily global (given the working of the Internet technologies) and under the existing laws of most countries publication takes place where an end-user receives information, online information providers face a significant increase in liability risk compared to offline publishers. The scale of this risk is so large that it is a potential disincentive to their useful activities. The article proposes to control these liability risks through an international convention, the draft text of which is set out with commentary that identifies the principles underlying the drafting and the sources of its provisions. The fundamental principle on which the draft convention is based is that online information p...
TL;DR: The HYPATIA project aims at designing computer-assisted instructional materials for law students with a model-based approach and results in an explicit instructional model, which is an important part of the instructional environment to be realized.
Abstract: The HYPATIA project aims at designing computer assisted instructional materials for law students to learn the law. The focus is on new additional instructional materials. These materials are intended to support students where they experience difficulties in acquiring legal knowledge and legal skills, and materials are not available at all yet. The HYPATIA project is divided into specific projects. These specific projects seek to realize instructional environments for acquiring legal concepts, for learning to use statutes on the basis of insight in the system and structure of statutes, for learning to use precedents on the basis of insight in the structure and elements of precedents, and for learning to solve legal cases. The emphasis is on a model based approach. Models of legal knowledge and legal reasoning are the basis for designing the instructional environment. To (re)construct these models a variety of theoretical sources are examined. Next to this it is necessary to gain insight in the specific difficulties students experience in acquiring legal knowledge and legal skills. Remedies are suggested on the basis of both the models of the legal knowledge and skills and the specific difficulties experienced. The research also results in an explicit instructional model. This instructional model is an important part of the instructional environment to be realized. 1. The HYPATIA project The HYPATIA project is concerned with developing new additional computer assisted instructional materials for the effective and efficient learning of legal knowledge en legal skills, taking a principled and structured approach in developing these instructional materials. 2. Developing additional instructional materials
TL;DR: The Swedish system regulating the top-level domain name '.se" has successfully prevented disputes concerning the right to a registered domain name but, on the other hand, it has caused many disputes when companies have been denied theright to register the domain name they desired.
Abstract: Internet domain names have great value as trademarks and intellectual property assets. The systems for protection of these assets are still in an early stage of evolution and they have not yet been harmonized. The differences between countries have involved the question of whether to interpret and apply existing legislations or whether to develop new special systems regulating domain names. The problem is whether existing legislation would be sufficient. The new systems then seem unnecessary, providing only unnecessary obstacles. This article will describe the Swedish system regulating the top-level domain name '.se'. The most interesting aspect of the Swedish system is that it regulates the registration of domain names in the Swedish top-level domain. The system has successfully prevented disputes concerning the right to a registered domain name but, on the other hand, it has caused many disputes when companies have been denied the right to register the domain name they desired. The system has been criti...
TL;DR: The article examines the use of copyright infringement and trademark infringement litigation to attempt to suppress speech, as opposed to preventing a competitor from using the plaintiff's intellectual property to his advantage.
Abstract: With the expansion of the Internet it is now possible for almost everyone to be a publisher. With ubiquity of available content, often that which is acceptable to one is offensive to another. This article examines attempts to use the legislative process and litigation in order to suppress speech, most often Internet content. First, several recent US Supreme Court cases involving several statutes promulgated by the Congress to ban and criminalize pornographic Internet content, or to regulate access to such content are discussed. The article then examines the use of copyright infringement and trademark infringement litigation to attempt to suppress speech, as opposed to preventing a competitor from using the plaintiff's intellectual property to his advantage. Next, the growing trend of asserting the arcane and seldom used ‘trespass to chattels’ tort against parties who send unwanted content to employees, or gather information from websites is discussed. Finally, the issues of jurisdiction and choice of law ...
TL;DR: The different types of systems used to control national TLDs are described and whether they meet the traditional demands for legitimacy are reviewed, and the importance of possible lack of legitimacy in the different systems is evaluated.
Abstract: National Top-level Domains (TLDs) are controlled in different ways and by different types of organs, including governments, non-profit organizations and stock-listed companies. The only thing the different systems seem to have in common is that they all have been criticized for lacking legitimacy. This paper will describe the different types of systems used to control national TLDs and review whether they meet the traditional demands for legitimacy. It will also evaluate the importance of possible lack of legitimacy in the different systems and try to provide possible solutions.