Negotiating the Web: Legal Skills Learning in a Virtual Community

The web is a powerful medium for simulation and role play. It can thus be used for transactional learning, provided that the activities are sufficiently interactive and are designed to support the transaction. This article focuses on the use of web simulation to facilitate learning in Personal Injury negotiation. The underlying model of the simulation is constructivist. Students were divided into 'firms' and negotiated with each other over several months using virtual offices and a web-based virtual community. The results, both qualitative and quantitative, prove that the web can be used successfully in a number of forms of legal skills learning. The results also reveal the need to provide not only integrated resources for learning on the web, but also to support students' divergent learning in simulations and enable their social construction of knowledge within such web-based environments.     

Not a Virtual Jail Term: Author of Internet Site Gets Five Years

Yesterday the author of the [Web] site "Caucasus Center," Boris Stomakhin, was sentenced to five years for calls for extremism and the incitement of religious hatred.     

Many Spiders,One Worldwide Web: Towards a Typology of Internet Regulation

This article examines emerging Internet law and policy from a comparative, international perspective. This complex, multi-cultural, global, information, communication, commercial and cultural platform that the Internet has become is gradually being adapted to the political, economic and cultural realities and interests of specific countries around the world. The United States, where the Internet was created, has advocated an Internet regulatory regime based on self-regulation. Though this principle has also been endorsed by some international agencies and non-governmental organizations, Internet self-regulation is neither desirable nor universally applicable. After a survey of patterns of Internet law and policy around the world, a five-part typology of Internet regulation based on the multiple political, cultural, social and economic contexts and realities around the world is proposed. They are: (1) Internationalist, (2) Neo-merchantilist, (3) Culturist, (4) Gateway and (5) Developmentalist. An attempt is made to show that these different regulatory regimes arise out of differential attitudes toward the Internet around the world.     

论网络虚拟物的权利属性与法律保护

目前,我国法律对虚拟物未作出明确的权利定性。在这种情况下,虚拟物仅仅表现为一种合法的财产利益。虚拟物符合传统民法上“物”的特性,应当被定性为物权的客体。因此,应该采用物权的保护模式保护虚拟物,并由此决定与之相适应的刑法保护模式。     

Poland's legal integration into the European community: Some past,present, and future dilemmas

The paper contains some thoughts on the issue of the legal aspects of Poland's integration into the European Community (EC) against the background of Polish efforts to adapt its legal system to European Community requirements. The discussion is divided into three substantive parts: The first part deals with the issue of various legal traditions constituting the general phenomenon of EC law, with the second part spelling out legal aspects of the process of European integration, and finally the paper will be presented by way of a more concrete discussion — e.g., human rights, criminal law in general, and computer crime specifically.     

网络虚拟人格对民法典中民事主体制度的突破

互联网长久以来的存续,依靠的是多重文化背景下价值共识的分享,以及据此发生的行为矫正.虚拟人格是人格权在电控空间之延伸,是准人格的一种类型.法律确认虚拟人格有利于更好的保护虚拟人格,有利于对自然人人格权的终极保障,其目的是在新媒体环境下,保护变异的人格权中的稳定部分.虚拟人格在我国民法典中的构造难点在于其商业化部分的流转、继承规则及限制.虚拟人格的救济包括防卫性和进取性救济.     

Privacy on the Internet

Privacy, the right to an inviolable private life, is one of the most valued and most fragile possessions in modern human society. According to only one of the best-known definitions, privacy is the right to be left alone; the right for every human being to enjoy a space protected by law from arbitrary encroachment, including that of the government. "Every unjustified violation of individual privacy by the state, whatever the means used, must be regarded as a violation of the Fourth Amendment [to the U.S. Constitution—S.S.]," as U.S. Supreme Court Justice Louis Brandeis noted in his famous opinion on wiretapping.¹ Privacy is a fundamental human right, and it has been meticulously studied and analyzed. According to one classification scheme,² privacy can provisionally be divided into four types: privacy of personal data, physical privacy, territorial privacy, and the privacy of communications.     

Pedophilia on the Internet

The Internet provides adults and children with a medium for professional and personal communication throughout the world. As widespread communication in cyberspace grows exponentially, the potential for Internet-related crimes, such as cyberstalkng, has accelerated. Children are particularly vulnerable to sexual predators, such as pedophiles, on the Internet. This article reports cases of pedophiles who used the information superhighway to exploit child victims. Two models of pedophilia on the Internet are discussed: a trust-based seductive model and a direct sexual model. This article explores the role that mental health professionals may play in the assessment of Internet pedophilia. For example, mental health professionals may provide psychiatric treatment to victims of Internet pedophiles. Psychiatrists may be involved in the evaluation of perpetrators of Internet crimes in a clinical or forensic setting. Governmental agencies, the criminal justice system, school, or the media may request consultations by mental health professionals as part of a multi-disciplinary approach to prevention. Methods of government intervention are discussed.     

The failure of the Russian global license proposal and the future of alternative remuneration systems

As rights holders, courts, and policy makers worldwide struggle with the question of copyright infringement and the potential liability of internet service providers (ISPs) worldwide, Russia developed – and subsequently abandoned – a proposal for the creation of a global license to be imposed on ISPs which would allow for rights holders to be compensated for copyright-infringing activities carried out through those ISPs.Russia is not the first jurisdiction to look at a global license as solution to the wide spread of copyright infringements online. By analysing the Russian proposal for a global license, this article addresses the sustainability of such a model on a wider scale by analysing the legal implications this may cause. In this context, this article will address the Russian proposal's legislative history before moving into a substantive discussion about the synergies between legal justifications and merits of a global license.     

Regulating security on the Internet: control versus trust

ABSTRACT

This article focuses on the role of government in relation to cybersecurity. Traditionally, cybersecurity was primarily seen as a technical issue. In recent years, governments have realised that they, too, have a stake in securing the Internet. In their attempts to grapple with cybersecurity, governments often turn to technical solutions to ‘code away’ illegal or undesired behaviours. ‘Techno-regulation’ has become popular because it may seem to be an effective and cheap way of increasing control over end users’ behaviours and increasing cybersecurity. In this article, we will explain why using techno-regulation has significant downsides and, therefore, why it may be unwise to use it as a dominant regulatory strategy for securing the Internet. We argue that other regulatory strategies ought to be considered as well, most importantly: trust. The second part of this article explains that trust can be used as an implicit strategy to increase cybersecurity or as an explicit mechanism for the same goal.     

Navigating the minefield: legal ethics and healthcare law

Practicing law in the healthcare field is a daunting task due to the highly-regulated nature of the field and the increasing scrutiny of the conduct of industry providers, payors, and vendors. Attorneys must provide difficult opinions regarding matters with civil, criminal, and reimbursement implications and often are asked to represent multiple parties in healthcare-related settings. This article discusses some legal ethics issues for the healthcare practitioner and touches on some of the recent changes to the Model Rules of Professional Conduct, which were adopted by the American Bar Association's House of Delegates at its mid-February 2002 meeting. The authors conduct their analysis by applying the model rules to a number of hypothetical fact situations typical of those encountered in the day-to-day practice of healthcare law.     

对确认网络管辖权的探讨

网络的出现与发展向传统国际民事管辖权制度提出了新的课题:地域性连接因素无法成为涉网案件的管辖权基础,与网络有关的民事案件需要寻找新的管辖根据与适用原则。通过考察美欧等国家的立法实践,以及分析现有的种种学说,总结它们的利弊得失,可以发现在现有条件下,广泛、合法地适用协议管辖,辅之以最密切联系原则,并充分考虑技术可行性原则,是解决这一问题的最佳对策。     

Catching Cybercriminals: Policing the Internet

This article seeks to contribute to the existing debate(s) over the governance of cyberspace by focusing not upon legal frameworks, which have been already been the subject of much good work, but upon the enforcement of law. What is missing from much of the recent debate has been a substantive discussion of some of the practical problems of policing the Internet, such as by whom and how it should be (is being) policed. Such considerations are becoming increasingly important as the inhabitants of cyberspace multiply in number. It is argued that much of the debate over the policing of the Internet has tended to be driven by moral panics. As these panics subside it is becoming clear that there is clearly a confusion in the literature between the potential and actual harms that can be inflicted by cybercrimes. Consequently, we must be wary of reports which exaggerate the extent to which cybercrimes have proliferated, especially when those reports appear to originate from bodies who are currently engaged in the growing cybercrime industry. Furthermore, the legal problems appear to be less considerable as previously thought, especially with regard to the conflict of laws. This is not to say that there is not a problem, for there clearly is, but the article suggests that some of the undesirable behaviours will work themselves out, some will be eradicated by technology, whilst the remainder will continue to challenge our traditional understandings of crimes and deviant behaviours and the way that we police them. The first part of this article will look briefly at the growth of cybercrime: at what it is, who are the offenders and who are their victims. The second part will look at current models of policing the Internet and the third part will explore the appropriateness of the terrestrial policing model to the treatment of cybercrimes.     

全球法律一体化的理论反思

全球法律一体化问题是法律全球化问题的一个重要方面。21世纪，全球法律正处于空前的融合发展阶段，世界各国和地区之间法律的互相影响甚至趋同化趋势勾勒出了前所未见的全球法律发展图景。但是，立足于历史和现实．我们既要看到一体化给世界法律发展提供的契机，也要看到一体化之下隐藏着对公平、正义、本土资源甚至和平与稳定的重大挑战。本文从“一体化”的危机意识入手探求和谐发展法律全球化之路。     

互联网治理之初探

分析和介绍互联网的基本概念,论述互联网因其新奇性而出现的新问题,分析互联网规范与治理的理论、模式及其在互联网治理过程中的作用。