Protecting the Internet with international law

The Internet remains the odd child of international law. While forever more universal law venues such as conferences, edited volumes or research projects consider “the Internet” a peculiar, interesting aspect of its well-recognized disciplines, international scholarship fails to address the global network as a whole, stalling the application of the fully developed and well-suited international law apparatus to the global community's biggest contemporary challenge. “Internet governance” is still perceived by legal scholars as construed to international relations and, at best, a potential ground for soft law in a distant future. That is not the case: Internet governance, with all its challenges, has been shaping international law for almost two decades. The latest unveilings of the ways in which the Internet impacts global policies and laws caught the public eye with the 2018 Cambridge Analytica scandal and, previously, with the 2013 Snowden revelations, yet as surprising as they might have been to the average user, they are direct results of network's architecture and its governance model. This paper looks at the evolving concept of “Internet's public core” as an opportunity to bridge this dogmatic gap. We identify the scope and meaning of “Internet's core” and assess its legitimacy within existing international normative frameworks. We argue that the technical components crucial to the flawless operation of the global network, such as the Domain Name System and Internet's backbone networks, can be effectively protected with international law.     

Internet of Things – New security and privacy challenges

The Internet of Things, an emerging global Internet-based technical architecture facilitating the exchange of goods and services in global supply chain networks has an impact on the security and privacy of the involved stakeholders. Measures ensuring the architecture's resilience to attacks, data authentication, access control and client privacy need to be established. An adequate legal framework must take the underlying technology into account and would best be established by an international legislator, which is supplemented by the private sector according to specific needs and thereby becomes easily adjustable. The contents of the respective legislation must encompass the right to information, provisions prohibiting or restricting the use of mechanisms of the Internet of Things, rules on IT-security-legislation, provisions supporting the use of mechanisms of the Internet of Things and the establishment of a task force doing research on the legal challenges of the IoT.     

When Internet protocols and legal provisions collide: Unauthorised access and Sierra v. Ritz

This case note article examines the unreported decision of a U.S. court in Sierra Corporate Design Inc. v. David Ritz (2007) District Court, County of Cass, State of North Dakota (File No. op-05-C-01660) which deals with the unauthorised use of a domain name system zone transfer. The court ruled that access was unauthorized given the defendant's intention to obtain and divulge information found in the zone transfer.     

Information flow from Japan to U.S. researchers in applied and basic energy research fields

A recent study conducted by Pacific Northwest Laboratory (PNL) evaluated technical information transfer from Japan to the United States. This evaluation was part of a larger assessment of international monitoring of energy technology development conducted for the U.S. Department of Energy. For this study, U.S. researchers in each of ten selected technical fields were identified and interviewed to obtain their perceptions of information transfer from Japan. Results from these interviews indicated that, although there are major differences among the technical fields, U.S. researchers generally consider information transfer from Japan to the U.S. to be inadequate. Researchers particularly noted the difficulties they have attending conferences in Japan or visiting Japanese research facilities. In contrast, Japanese researchers attend all major conferences and frequently visit laboratories in the U.S. Researchers recommended several steps to improve technology transfer from Japan, including improving the screening and translation of technical material published in Japan, promoting binational seminars and workshops, and encouraging laboratory visits and exchanges of research personnel.     

Public Diplomacy,Smith-Mundt and the American Public

The U.S. Information and Educational Exchange Act of 1948, also known as the Smith-Mundt Act, is a mostly unknown and widely misunderstood piece of legislation. Revised multiple times, the law bans domestic dissemination of Voice of America and other U.S. international broadcast content in the United States. Presenting government-supported international broadcasting as an example of public diplomacy, this article discusses the long-term misrepresentation of Smith-Mundt's original intent and highlights the consequences of the continuing ban. The article considers prospects for ending the ban and emphasizes potential opportunities presented by its elimination, concluding that ending the ban might eliminate incongruity between American foreign policy goals of democracy promotion and the reality of banned domestic content. Repeal of the ban may also result in unexpected remedies for challenges facing the American media industry and the American public's desire for international news.

The United States government may be the largest broadcaster that few Americans know about. Although its networks reach 100 countries in 59 languages, they are banned from distribution in the United States by a 1948 law devised to prevent the government from turning its propaganda machine on its own citizens. ^{1 1}Mark Landler, A New Voice of America for the Age of Twitter, N.Y. Times, June 7, 2011 at 9. The broadcasters comprising the U.S. international broadcasting operation are the Voice of America (VOA), Alhurra, Radio Sawa, Radio Free Europe/Radio Liberty, Radio Free Asia, and Radio and TV Marti. The Broadcasting Board of Governors (BBG) is “a bipartisan agency … that acts as a ‘firewall’ between the U.S. government and international broadcasting entities it funds.” Kim Andrew Elliott, America Calling: A 21st-Century Model, Foreign Service J., Oct. 2010, at 31. When Smith-Mundt was passed in 1948, USIB authority fell under the Department of State. Later, Congress created the United States Information Agency (USIA) to facilitate American public diplomacy operations. After the end of the cold war, Congress dismantled USIA and returned responsibility for American public diplomacy efforts to the Department of State. For an excellent history of the rise and fall of the USIA, see Nicholas J. Cull, The Cold War and the United States Information Agency: American Propaganda and Public Diplomacy 1945–1989 (2008).      

Technology transfer practice in japanese corporations: Meeting new service requirements

Japanese corporations are undergoing radical transition: they have begun to reassess the role, organization, and management of their internal R&D and technology commercialization activities in response to changing market, business, and technical conditions. From large consumer electronics firms such as Matsushita and Sony to the semiconductor and computing conglomerates such as Fujitsu and NEC, these organizations are under considerable pressure to both invent and innovate more rapidly and cheaply than ever before. As technologies become more complex and integrated—such as the convergence of electronics, computing, video, and broadcast television—it is no longer practical to assume that all of a firm's R&D needs can be met internally. This paper looks first at how major Japanese corporations have embraced technology transfer mechanisms such as licensing, joint collaboration, and the outsourcing of R&D to manage these changes dynamically and effectively. Secondly, this paper looks at why Japanese firms' record of managing collaboration and licensing, particularly on an international basis, has been disappointing because of a number of problems and barriers. These difficulties, which are compounded by the further externalization of research and technology and by increased licensing activity, have given rise to a need for new technology transfer services which, until recently, have not been available either within the organization or through local consulting firms in Japan. This paper concludes by outlining strategic and operational guidelines for managing licensing and collaboration arrangements between U.S. and Japanese firms which are also applicable in the general case. These insights are based on the experiences of managing licensing and collaboration programs between Japanese and U.S. organizations from the dual perspectives of two licensing firms—Innovation Partners, kk. in Japan and Competitive Technologies, Inc. of the United States.     

MIS‐MATCHED: TAKING A STATE APPROACH TO ENFORCING THE GROWING INTERNATIONAL MATCHMAKING INDUSTRY

Each year, hundreds of U.S. men and foreign women find their future spouses through international matchmaking agencies. Foreign women are attracted to the opportunity for a life in America and men are offered money‐back guarantees to find the perfect wife. An alarming number of these unions however, have resulted in the abuse, exploitation and even death of foreign women at the hands of their U.S. citizen husbands. While the federal International Marriage Broker Regulation Act requires disclosure of a male client's criminal background history prior to communicating with a potential foreign bride, the Act does not impose any requirements for disclosure of information about the international marriage brokers themselves. Thus the peddlers behind the rapidly growing industry are largely unaccounted for, with no one really knowing who they are or where they are operating. This Note proposes that states fill the enforcement gap by adopting a statute requiring international marriage brokers to register and become certified to do business with state residents. This legislation will result in collecting much needed data on international marriage brokers, create more transparency in the international matchmaking industry and prevent potential violence and abuse of foreign women.     

Trust in the information society

Trust is an important feature for all users of the Internet who rely on the safety and security of network technologies and systems for their daily lives. Trust, or the lack of it, has also been identified by the European Commission’s Digital Agenda as a major barrier to further development of the information society in Europe. One of the areas in which concerns have been raised is in relation to children’s safety online. As a result, substantial efforts have been made by policymakers and by the industry to build greater trust and confidence in online digital safety. This paper examines what trust means in the context of children’s use of the Internet. Should policy on trust enhancement, for instance, include children’s own trust in the technologies or services they use or is it sufficient to seek to reinforce parental and adult confidence that children can be adequately protected? What is required to build that trust from either perspective? Does it need, or should it include a relationship of trust between parents and children? To tease out these questions further, the paper examines current European Union policy frameworks on digital safety, particularly industry responses to the call for a more trusted Internet environment for children, and argues that technical solutions to be effective need to carefully balance a number of competing objectives and to be sufficiently grounded in evidence of parental and child experience of the Internet.     

Comparing Cosponsorship and Roll‐Call Ideal Points

We use bill cosponsorship and roll‐call vote data to compare legislators' revealed preferences in the U.S. House of Representatives and the Argentine Chamber of Deputies. We estimate ideal points from bill cosponsorship data using principal‐component analysis on an agreement matrix that included information on all bills introduced in the U.S. House (1973–2000) and Argentine Chamber (1983–2002). The ideal‐point estimates of legislators' revealed preferences based on cosponsorship data strongly correlate with similar estimates derived from roll‐call vote data. Also, cosponsorship activity in the U.S. House has lower dimensionality than cosponsorship has in the Argentine Chamber. We explain this lower discrimination as a function of individual‐ and district‐level factors in both countries.     

The “process” of patenting: Why should we care about a potential U.S. Supreme Court decision in Bilski v. Doll?

In Bilski v. Doll, the U.S. Supreme Court is called to define one of the categories of patent-eligible subject matter, “process” patents. In 2008, the Court of Appeals for the Federal Circuit held that the category has a narrow meaning, and that to be eligible for a process patent under 35 U.S.C. § 101, the invention must involve a machine or apparatus or involve a transformation to a different state or thing, ultimately rejecting the patent application as unpatentable subject matter. The patent applicants have asked the U.S. Supreme Court to determine two issues: first, the meaning of “process” in 35 U.S.C. § 101 and whether the lower court properly relied on a “machine-or-transformation” test, and second, the test's potential conflict with 35 U.S.C. § 273, which provides protection for “method[s] of doing or conducting business.” The Court's decision could change the way that research and business are done, and patent protection for such investments. Parts 1 and 2 of this article address Bilski directly and what is and is not in dispute. Part 3 addresses the “machine-or-transformation” test, while Parts 4 and 5 address reasons not to adopt such a test.     

美国网络色情言论管制的“空间”标准——从ACLU案到ALA案

在网络色情言论管制中，美国司法机关通过案例建立起“空间”标准，以及对“空间”标准的审查基准。“空间”标准是指在网络色情信息和成年人之间形成封闭空间，避免未成年人轻易接触网络色情信息。“空间”标准的建立，是保障特定人群免遭色情言论污染的一个重要运用。网络的虚拟性和开放性决定了这一封闭空间很难做到完美，而有可能侵害非色情信息发布者的言论自由。ACLU案和ALA案是美国最高法院建立和完善“空间”标准的两个里程碑式的案例。经过案例的积累和发展，美国最高法院逐渐形成了立体化的“空间”标准。为保障未成年人免遭色情言论侵扰提供了法制上的保障，也缓解了网络色情言论管制与言论自由之间的张力。     

Chapter 10: International Child Custody and Abduction Cases

This chapter will familiarize judges in the U.S. with the state and federal law applicable to international child custody, visitation and abduction disputes. These laws are UCCJA s? 23, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), and the International Child Abduction Remedies Act (ICARA). When a custody order from a foreign country is presented for recognition and enforcement, UCCJA § 23 controls. If notice and opportunity to be heard were given to all affected persons, state courts are to enforce foreign custody decrees. When a petition is filed seeking the prompt return of a child to another country based on allegations that the child's removal or retention was wrongful, the Hague Convention and ICARA govern. If the child's removal or retention is wrongful within the meaning of the Convention, and no exceptions to return are proved, a court in the U.S. must order the child's return forthwith. A return order is not a decision on the merits of custody.     

Transformation: the Progression of Immigration Petitions for Transgender Spouses

U.S. citizens who marry foreign nationals may petition for their spouses so that the couple can reside permanently together in the United States. The guidelines set forth in the U.S. Citizenship and Immigration Services Adjudicator's Field Manual provide guidance to immigration officials for determining whether to grant or deny spousal petitions. Previously, the Adjudicator's Field Manual imposed a requirement that transgender individuals undergo costly and dangerous sex reassignment surgery in order to qualify as married for the purposes of a spousal petition. However, revisions to the Adjudicator's Field Manual issued in April 2012 provide transgender binational couples the opportunity to remain together in the United States without forcing one partner to undergo sex reassignment surgery. Given the history of discrimination against transgender individuals under U.S. immigration law, these revisions are a significant step in equality for transgender couples. Although these revisions provide many transgender binational couples with a means to remain together in the United States, this Note proposes that, to continue on the path toward equality for transgender couples, special guidelines should not be applied to marriages involving transgender partners if their marriage is deemed a valid heterosexual marriage in the state where solemnized. The goals of U.S. immigration law and compliance with the federal definition of marriage can be achieved without implementing individualized guidelines for transgender binational couples.

Key Points for the Family Court Community:
• Transgender spouses of a binational couple should not be subjected to additional guidelines when submitting spousal petitions that, if granted, would afford the couple the opportunity to reside together in the United States
• Transgender individuals should not be subjected to disparate treatment solely because the U.S. Citizenship and Immigration Services seeks to enforce discriminatory provisions of the Defense of Marriage Act
• A marriage should be recognized by immigration law if it is a valid marriage under the law of the state where the marriage was celebrated
• In order to achieve U.S. immigration law's mission of family unification, nontraditional couples should be afforded the same opportunity to remain together in the United States without additional scrutiny

     

Adapting to the foreign technological challenge

United States technology is increasingly viewed as providing the backbone and where-withal to arrest the nation's economic slide and to restore the accustomed U.S. leadership position in international trade. This view stems from demonstrated U.S. preeminence in technology, the importance of technology in economic growth, and the ascendance of technology in foreign affairs and international trade today. But, undue preoccupation with the domestic technology base represents at best a suboptimum strategy in the face of a continuing decline in the national investment in R&D. In view of the incipient shifting of the world technological balance overseas, comparable attention needs to be focused on foreign technological developments, and their potential for import and adaptation to help fuel technological innovation at home. A more balanced mix of foreign and domestic technological ingredients in the U.S. socioeconomic cauldron promises to be more attuned to the reality of scarce domestic resources and the changing world environment.     

A strategy for accelerating the use of energy conserving building technologies

To accelerate the use of energy-conserving building technologies in the farflung, decentralized buildings industry, a strategy for more directed transfer of government research to public- and private-sector users has been implemented. The strategy involves a cycle of four sets of activities: (1) Needs assessment; (2) development of transferable information; (3) outreach activities; and (4) feedback and evaluation. By employing this iterative technology transfer cycle and emphasizing trade and professional organizations as communication channels to and from users, it is hoped that research sponsored by the U.S. Department of Energy's Building Systems Division will be responsive to the industry's needs and accessible to its diverse participants.     

The influence of prior record evidence on juror decision making

Several researchers have investigated the impact of evidence of prior convictions on jurors' decision making. Very little is known about a related issue, the impact of prioracquittal evidence introduced by the prosecution on jurors' decisions. The Supreme Court recently held (Dowling v. U.S., 1990) that the admission of prior acquittal evidence does not unfairly prejudice the defendant. We conducted a simulation study to examine the effects of prior record evidence (prior convictions, prior acquittals, and no prior record) on jurors' decisions. We also manipulated the presence of judicial instructions on the limited use jurors can make of extrinsic acts evidence. Mock jurors were more likely to convict the defendant when they had evidence of a prior conviction than when they had evidence of a prior acquittal or no record evidence. This effect was mediated by attributions about criminal propensity. Judge's limiting instructions were ineffective in guiding jurors' use of prior record evidence.     

网络服务商共同侵权制度之重塑

网络服务商共同侵权(间接侵权)制度是影响网络版权秩序最重要的法律规则。在这一领域,美国式的安全港规则居于统治地位。十几年来的网络版权实践表明,安全港规则不合理地降低了网络服务商的注意义务,损害了网络服务商预防第三方侵权的积极性,使得网络盗版泛滥。为了克服安全港规则的制度缺陷,美国和中国的法院被迫限制适用红旗标准或策略性地适用引诱侵权和替代责任规则,结果过度扭曲了网络间接侵权规则。为了改变这一现状,中国在修改著作权法时应当果断地放弃美国式的安全港规则,恢复侵权法一般规则的适用,强化网络服务商的注意义务。     

中美三个联合公报的条约性质研析——兼论中国的对策

长期以来,中美两国对于中美三个联合公报的法律性质存在着极大的争议:中国认为中美三个联合公报是有拘束力的条约,美国却否认这一点。这种争议的结果既严重损害了中美三个联合公报的权威性,更严重阻碍了中美关系的正常发展。根据国际条约法的基本原则和基本理论,特别是从条约的基本特征、美国国内法关于条约的定性、三个联合公报的履约情况等方面进行的深入分析表明,中美三个联合公报确定无疑是有拘束力的条约。基于此,中国政府应该积极寻求维护中美三个联合公报权威性及其条约性质的法律对策。     

The social network of hackers

Social researchers are facing more and more challenges as criminal networks are expanding in size and moving to the Internet. Many efforts are currently under way to enhance the technical capabilities of researchers working in the field of cybercrimes. Rather than focusing on the technical tools that could enhance research performance, this article focuses on a specific field that has demonstrated its use in the study of criminal networks: social network analysis (SNA). This article evaluates the effectiveness of SNA to enhance the value of information on cybercriminals. This includes both the identification of possible targets for follow-up research as well as the removal of subjects who may be wasting the researchers' time. This article shows that SNA can be useful on two levels. First, SNA provides scientific and objective measures of the structure of networks as well as the position of their key players. Second, fragmentation metrics, which measure the impact of the removal of n nodes in a network, help to determine the amount of resources needed to deal with specific organisations. In this case study, a tactical strike against the network could have had the same destabilising impact as a broader approach. The resources saved by limiting the investigation targets could then be used to monitor the criminal network's reaction to the arrests and to limit its ability to adapt to the post-arrest environment.     

关于网络法基本问题的阐释

网络行为规范主要由技术规范和非技术规范两大类构成。前者属国际性自律规范 ,后者主要包括技术性法律规范和网络社区法律规范。网络法的核心在于技术性法律规范 ,其基本价值应与网络技术规范的特征相一致 ,以求最大限度地促进网络互联和信息共享。在制订与网络相关的法律制度时 ,应考虑如下几项原则 :两类规范间相互协调与促进 ,具有可操作性 ,兼顾全球趋同性 ,他律与自律相结合。