In Session 1, our presenters will focus on opportunities for new legal and dispute resolution structures to improve the online environment better for global micro-commerce, and key factors creating and maintaining a successful legal structure to mediate the online environment. This topic is of interest to people with strong legal and governmental backgrounds. Among the issues explored will be:
· The Current Scene
Is there an opportunity for cyberlaw to offer a way forward for business in parts of the world that face economic hardships because they lack a reliable justice system?
What venues are currently available in the online environment for legal redress and dispute resolution? What are the advantages and disadvantages of these current systems?
What enforcement systems are currently available to back up dispute resolution systems? What limits do they face because of the differing legal environments around the globe?
· Planning the Way Forward
What are the key components and attributes of a successful cross-cultural legal structure for cyberspace?
How can professional qualifications of lawyers, mediators and other justice professionals be measured/tested and certified in unbiased fashions?
What sectors of commerce, finance and community would most benefit from emerging global systems for cyberlaw?
How can new laws supporting such systems best be proposed and implemented?
How would the system operate across borders?
Are there places (e.g. Kosovo, Somalia, Kenya) where cyberlaw pilots benefiting micro-commerce could be launched?
It seems even though there is beginning to be a presence of cyberlaw on the internet there is still a lot of progression and development of ideas to come. These General Considerations are a really good place to start when discussing how cyberlaw is working today. As of right now the only online environment for dispute resolution that I have heard of are ones that the website implements themselves such as on eBay. The main advantage of these environments that I see is being able to bring people together from across the internet community in order to solve their disagreements without having to be in the same physical location. The main disadvantage I think would be people’s unwillingness to participate in online dispute resolution either because they are unfamiliar with the process or apprehensive about how fair and complete the online resolution will be. One concern that I would have if i were in dispute resolution would be how much authority the decision would really have and if it would really solve my dispute.
Is there an opportunity for cyberlaw to offer a way forward for business in parts of the world that face economic hardships because they lack a reliable justice system?
I think this is definitely true, however it will be vital to figure out first how cyberlaws can be enforced, and in general how they will be applied to the internet. With a limited structure to cyberlaw now, we can not hope to help those that lack a reliable justice system. If totally comprehensive and enforceable rules can be made to protect people online, this should allow people facing economic hardships to be able to start a business online, away from the influence of their own unreliable justice system. However, any laws that are decided upon to protect people online must be far-reaching and be able to be enforced; without being enforced, people in situations with very poor legal systems will still be in the same place.
For this idea to work, standards must be set that will protect people’s interests on the internet, almost separately from their physical lives in their home nations. Cyberlaws must be separate from other laws, and provide all people globally, with the same protection. If this can be done, then cyberlaw could indeed become a gateway for economic freedom for many people in tough situations.
What venues are currently available in the online environment for legal redress and dispute resolution? What are the advantages and disadvantages of these current systems?
As of right now I have found a few, a specific one being http://www.cybersettle.com.
Cybersettle is a company that uses alternative dispute resolution over the internet. They use automated, online, and double-blind bid techniques to resolve disputes. Parties can settle their disputes 24/7 via internet or customer service. Their pricing for legal professionals is 100-700 dollars settlement fee depending the amount of the settlement. The main advantage of this would be ease and cost, the disadvantage is the automated system that could leave people feeling uneasy without human contact.
How can new laws supporting such systems best be proposed and implemented?
With such freedom on the internet, there would need to be a centralized group that was in charge of proposing and implementing laws. This would have to be a rather large group in order for every aspect of the world to be properly represented. It would obviously be very hard to implement such a group. Also, enforcement of any laws or systems created would also be very complicated. If individuals had a certain login to the Internet and their every motion was tracked, it would be easier for such systems to work. However, this eliminates all privacy one has on the Internet. At some point this might be necessary but I do not think we have reached this point yet.
What enforcement systems are currently available to back up dispute resolution systems? What limits do they face because of the differing legal environments around the globe?
-Currently are a few enforcement systems in place that can back up dispute resolution systems. Europe has formed the Council of Europe is composed of 44 European countries, plus a handful of others (Canada, Japan, Mexico…). The United States has an observer status. The Council resolves disputes that arrise from cyberlaw crimes. This is one way that countries can consolidate their laws and rule together when crimes on the internet span across international borders.
Limits arrise for this particular council when the countries involved do not belong to the Council. On specific example is the hate speech ban that the Council signed into effect in 2002. The United States did not agree with the act because of its conflict with First Amendment rights. Similar problems could arrise when countries who are both in the Council of Europe, or similar associations disagree with laws that are trying to be passed. For instance if one country is very liberal regarding censorship, while another in the same associate is more conservative, there might be trouble passing laws, or enforcing penalties if the two same parties are involved in a dispute. The internet’s promotion of globalization is proving to be challenging when it comes to enforcing laws across international borders.
Is there an opportunity for cyberlaw to offer a way forward for business in parts of the world that face economic hardships because they lack a reliable justice system?
Without an ability for the enforcement of law, and there will be essentially no weight to a legal decision. I thought it was interesting the idea of a registry of deeds and land ownership in major cities in third world and emerging nations. With the ability to track ownership of land, banks will be more willing to lend, adn thus aid in building business and adding capital. The problem with this is, if the bank is to foreclose on a small shanty in a poor district in, say, Cairo would it be economically feasible (given the value of the land) to do so? If not, then it will be difficult for any lending backed by the deeds to take place without significant risk to the lender. Legally, it is an intriguing idea and is a significant step forward. The bottom line in my opinion is enforcement to the extent that the actions of the individual extend into the “material” world. The only way cyberlaw will ever be effective internationally will be if it can extend it’s arm into the physical world.
How would the system operate across borders?
I think that a law system operating across boarders would be very easy in this day in age. There are so many different options to have connections to other parts of the world. You can set up an internet blogging site like this one, there are web cams to hold meetings with people from other parts of the world then your own so you can all meet together without having to be in the same room. You could also just set up conferences once or twice a year to make sure that everyone within the system is staying involved and informed of everything going on. There is no reason now a days to have to spend money on large long distance phone calls when the internet and the cyber world are there to make everyone’s lives easier.