“The Current Scene” Discussion, what tools are already available and what measures have already been taken for the implementation of an online justice system?
What are the key components and attributes of a successful cross cultural legal structure? How are they formatted?
How are professional qualifications measured/tested?
How are new laws proposed and implemented?
How do these venues and resources translate across a borderless environment?
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Key Components to a successful cross-cultural legal structure…
I believe that the most important factor when creating a cross-cultural legal structure is building a foundation on which both can agree. Essentially, finding similar values which both can abide by. More importantly, on issues on the border, both cultures have to give to agree on a conclusion. Both representatives from each party have to be open to a little change. In terms of enforcement, all parties should be involved. In a dispute, I think that a jury consisting of members from both cultures would be ideal. Additionally, a separate group should be created to enforce and create the “internet law.”
In America, laws are proposed by representatives and voted on by the people. I believe that laws should be proposed and voted on just like “regular” laws. In the constantly changing internet, new laws must be made to protect people. All netizens should have the right to vote. Although most probably won’t vote, all the netizens in which the law affects will vote. In order to do this, these proposals must be published and advertised to make people aware of the laws. Whether in google or in the regular newspapers, there should be more of push to create an online governance system.
How are new laws proposed and implemented?
Laws reflect society’s beliefs and norm. Laws are adopted or abolished once a different type of morality is accepted by society as a norm. Laws purpose is to protect its citizens from harm and punish those who don’t abide by them. Laws are designed to hold society together in order to function and progress. It guarantees citizens protection from the government. Without laws society would not exits and the world would be in chaos. New laws are adopted once problem arise in society. For example, the Patriot act would not have been adopted if 9/11 hadn’t occurred. Most people saw it as mandatory to give law enforcement more power in return for less freedom in order to protect citizens from possible terrorist attacks.
Like any other laws that are adopted and implemented, online laws also need to be addressed once issues arise. This is a problem because most nations haven’t fully adopted a set of laws for the online community. The technology is moving faster than laws can be adopted. Since the internet has become a global phenomenon we need nations to come together and draw laws of how such a community will function in their country. On top of that online commerce has become so widespread that online sites have no choice but to create an online court system. For example EBay resolves its despites amongst users through its online dispute resolution system. This has had an overwhelming effect on the site because users can now feel safe to do online transactions and resolve issue before they get out of hand.
Other such laws protecting users from cybercrime are adopted but hard to enforce. People are vulnerable to identity theft, loss of privacy and fraud online and in some cases they can’t seek justice because there is no one to report incidents to right away and most people remain anonymous so they won’t know after the crime has been committed. The best solution I would say is to create on an online court system where people’s voices are heard. This needs to be enforced by the government since authority has the power to punish law breakers.