网上证券交易的风险防范及法律规制

网上证券交易是证券行业以互联网络为媒介给投资者提供的一种全新商业服务。因互联网络发展时间短 ,技术水平也在不断提高中 ,加上相关法律法规的缺失 ,因而网上证券交易在为证券公司带来无限商机的同时 ,也提出了如何确保投资者交易安全问题。通过探讨网上证券交易的风险类别及其防范对策的基础 ,对如何建立和完善网上证券交易法律制度提出了若干设想     

青少年网络保护的法律思考

网络是一把“双刃剑”,它在开拓青少年眼界,为他们提供丰富的信息资源和方便快捷的学习条件的同时,对青少年人格形成、学习成绩、行为方式等方面都将产生负面影响,因此,必须加强对青少年进行网络法律保护,这是法治社会的必然要求,是保证青少年健康成长,为青少年提供良好社会环境的重要手段。为此,应当加强立法,加大行政执法力度,对互联网信息服务提供者以及互联网上网服务营业场所进行法律管理,这样才能切实有效地减少网络对青少年的侵害和影响。     

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.     

Healthcare organizations and the Internet: impact on federal tax exemption

Tax-exempt healthcare organizations have turned to the Internet as a powerful tool in communicating with the public, medical staff, and patients. Activities as diverse as providing links to the Web sites of other organizations, selling goods and services, soliciting contributions, and hosting forums on the Internet raise unresolved questions concerning the impact of Internet use on such organizations' tax-exempt status. The Internal Revenue Service has provided no guidance to date regarding the manner in which a nonprofit organizations' use of the Internet may affect its tax-exempt status or subject it to federal income tax on some sources of funds. This article suggests analytical approaches for applying existing law in the Internet context and identifies areas that are ripe for additional guidance.     

DEVELOPING AND IMPLEMENTING A CYBERLAW COURSE

"Business spending on the Internet marketing and sales and services will increase to more than $300 billion in year 2002. Internet commerce or the purchase of goods and services over the Internet, will near $250 billion by that year."     

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.     

Can Online Courts Promote Access to Justice? A Case Study of the Internet Courts in China

The right to access the courts is a basic human right in civilised societies, but the current legal system is unfriendly and often unaffordable for the victims of e-commerce disputes and copyright infringements seeking access to justice. Therefore, how to design a judicial system that is more accessible for the aforementioned victims has become a critical legal point of contention in the digital economy era. In particular, it is not easy to provide solid evidence of consumer disputes or copyright infringements on the Internet because the electronic evidence stored on the current centralised database has data security and trust problems. In response to this challenge, China established three Internet Courts in 2017 to move dispute resolution for e-commerce disputes and copyright infringements from the physical courts to the Internet. All the proceedings in these Internet Courts are conducted on the Internet, so the time and expenses of the litigants can be largely reduced. Most notably, these Internet Courts accept the use of blockchain as a method of securing evidence, to overcome the risks that evidence stored on the Internet can be hacked or falsified. The notion of an Internet Court, which substantially enhances popular access to justice, is a significant judicial innovation. It is of special significance for those lawsuits with small value claims and online evidence, and in which the parties are separated by long distances. However, these Internet Courts leave much to reflect on, including whether due process can be guaranteed, whether public trial can be fully implemented, and whether blockchain-based evidence is absolutely admissible. Even so, this article argues that true justice is not only to pursue absolute correctness of judgements, but that true justice should also strike a balance between the correctness and efficiency of trials. For this reason, Internet Courts may yet establish a new judicial paradigm to pursue a balance between correctness, time, and cost.     

互联网舆论的演变逻辑与作用机制——对几起网络公共事件的解读

近年来,网络公共事件多发和互联网舆论风暴引起了政府部门与学界的高度关注。本文着眼于2009年的三起互联网公共事件,分析了互联网公共事件从最初呈现到事件最终结局的演进过程,探讨了互联网舆论在公共事件进程中的演变逻辑及其对政府公权力形成实际影响的几个关键因素。     

Link law: The emerging law of internet hyperlinks

Although Internet enthusiasts often claim a right of on‐line associations, that is, a right freely to link to other content on the Internet, evolving case law demonstrates that there is no absolute right to associate or link on the Internet. Rather, business law at times imposes limits and penalties on linking. As business grows on the Internet, litigants are likely to use creative theories based on unfair competition and intellectual property law to seek limits on linking. This article examines the first waves of Internet link law cases, how the legal positions have been framed and the principles with which those cases have been resolved. The article reviews the basics of the legal theories used (and likely to be used in the future) to challenge links. The article then reviews key linking cases involving, among other issues, direct links, “framing” and “inlining,” hidden metalinks and contributory infringement through links and mirror sites. The article concludes that, contrary to the original ethos of Internet use, in the era of business use of the Internet, linkages will often be scrutinized and controlled, and sometimes discouraged, litigated or penalized.     

China's campaign-style Internet finance governance: Causes,effects, and lessons learned for new information-based approaches to governance,

China's Internet companies and citizens are now world leaders in developing and using the Internet and related information technologies for financial transactions. Accordingly, it is important that China becomes a world leader in identifying challenges posed by Internet finance, and providing law and governance solutions to address these challenges. While the Internet and its associated technologies are now globally available, a core question is whether, and to what extent, regulatory challenges and opportunities are common across different jurisdictions, or whether they reflect local circumstances. In short, an interesting question is what can the world learn from China as it takes the lead in addressing Internet finance challenges, and what can China learn from the world as it seeks to do so?This article first identifies the landscape of China's burgeoning Internet finance market, including key technologies and services and government and nongovernment players. The article then turns to key regulatory challenges, with a focus on factors especially significant in China. The article then examines the “top down” “campaign style” approach to regulation, which is China government's initial response to emerging challenges. Following an analysis of the campaign, some suggestions are then made for future possible governance strategies. We explain how emerging “information” based and experiment-based approaches to governance are drawing on both global and Chinese experiences to harness the capabilities of the Internet and the collective energies of Internet finance enterprises and users to advance the regulation of the China Internet finance system in a way that is conducive to the public interest.     

The Internet gambling conundrum: Extraterritorial impacts of U.S. laws on Internet businesses

Internet gambling is a significant commercial activity that has been successfully adapted to the online environment. The geographical transcendence of the Internet presents challenges for government regulation, which varies considerably. U.S. patrons have historically provided a significant portion of the Internet gaming market, despite a dubious legal status. The Unlawful Internet Gambling Enforcement Act (UIGEA) enacted in October 2006 clarifies the legal status otherwise imposed by state law by prescribing felony criminal status to the Act of receiving an Internet wager from a jurisdiction where such wagering is illegal. This article provides an analysis of the UIGEA and its effects on Internet gambling firms, as well as related businesses. Despite targeting gambling firms, this legislation may also assist in the prosecution of other firms through aiding and abetting liability. UIGEA also targets financial services providers, requiring additional safeguards to stop unlawful transactions destined for Internet gaming sites. Financial markets suggest that this legislation has reduced Internet gambling in publicly traded firms. However, the bill may also have the effect of enhancing investment capital flows for online gambling firms, due to clarification of the legal status for firms who are not targeting U.S. residents in violation of UIGEA. The ultimate result may depend on whether other nations follow suit in targeting extraterritorial business with domestic gambling patrons.     

All-Encompassing Paranoia

The Russian state has over the last five years gradually increased its ability to control the Internet. Russian Internet companies recognize that in order to continue to work in Russia they have to be willing to help state security and to exert pressure on foreign IT companies. The ability of the Russian government to secure the Internet is limited by the openness of Russian society and of the Russian Internet itself. While the government has so far not succeeded in countering this openness, it is likely to continue to try, as the priority is now on securing the regime against external and internal threats rather than ensuring the personal security of Russians.     

Online Sexual Grooming in Sweden—Online and Offline Sex Offences against Children as Described in Swedish Police Data

The expansion in Internet use since the mid‐1990s has created a completely new and largely unmonitored forum for contacts between adults and children. The anonymity provided by Internet communications has been viewed as creating favourable conditions for adults wishing to develop manipulative relationships with children, and there has been a growing concern about the way the Internet may be used by adults intent on sexually exploiting and abusing young people. Much of the focus of this concern has been directed at adults using the Internet to create opportunities for the commission of offline sex offences. Based on police data from Sweden, this article describes the range of Internet‐related sexual offences against children currently being brought to the attention of the Swedish justice system. It focuses not only on the range of strategies employed by adults to persuade children to meet them offline for the purposes of sexual exploitation and abuse but also on the different types of online sexual offences that children in Sweden are currently being subjected to.     

‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 2: Applying custom as law to the Internet infrastructure

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.     

Impacts of the internet on traditional jurisdictional principles in international civil and commercial cases

Started as an undefined US military project to the current global network, the Internet has been developing and improved at an amazing speed, which also brought out enormous challenges to the traditional way of life worldwide. By analyzing the features of the Internet, this paper reveals the impacts of the Internet on jurisdictional principles applied in traditional international civil and commercial cases and aims to apply traditional rules under the new environment of the Internet. In addition, by referring to the international uniform legislation and from the US judicial theories and practices, this paper also brings out reflections and suggestions regarding this issue.     

我国网络监察工作现状及发展探析

近年来,随着互联网技术的不断发展,人们依赖互联网的程度不断加深,互联网安全也越来越受到人们的重视。现阶段,网络犯罪案件调查和网络监察工作由公安机关公共信息和网络监察部门来负责,但由于我国网络监察工作起步较晚,立法不健全等原因,造成了许多网络违法犯罪案件无法立案或立案后打击力度不够等问题出现。笔者通过我国互联网发展现状及网络违法犯罪出现的形式入手,阐述了网络监察工作任务,揭示出现阶段网络监察工作存在的问题,提出了网监工作今后发展趋势。     

Jurisdictional issues and the internet – a brief overview 2.0

Issues of Internet jurisdiction remain a key challenge for the application of law to the online environment. Despite of a large volume of academic writings on the topic, these issues continue to be perceived as complex and inaccessible. This article aims to provide an accessible introduction to private international law as it applies to the Internet. As such, it is hoped that it may be a useful resource for courses in IT law, Internet law, e-commerce law or the like, as well as for anyone looking to refresh their understanding of exactly what it is that people are struggling with in the field we may call Internet jurisdiction.     

Democratic Global Internet Regulation? Governance Networks,International Law and the Shadow of Hegemony

Abstract: The field of global Internet Regulation serves as a prime example for the rise of global ‘a‐centric’ and ‘self regulatory’ governance structures. The most prominent private organisation in this field is the Internet Corporation of Assigned Names and Numbers (ICANN). ICANN was founded as a private non‐profit organisation comprising private and public actors that run the Internet domain name system, a crucial part of the Internet technical infrastructure. It claims to be a participatory network that enables deliberation among the ‘relevant’ commercial and non‐profit actors in the Internet field. This normative aspiration of a legitimate sectoral polity beyond governmental and intergovernmental policymaking can also be isolated as the driving force behind a certain strand within the literature on global governance. The paper undertakes a critical analysis of this claim within the ICANN context.     

论信息社会和谐警民关系的构建

进入信息社会以后，人们的生活方式、行为方式和价值观念较之以往，都发生了很大变化。网络成为了民众首选的、便捷的沟通渠道，网络舆论开始备受关注，网络舆论监督也已经成为舆论监督的重要组成部分，并对警民关系产生了前所未有的深刻影响。要想构建和谐警民关系，就要鼓励民众正确进行网络舆论监督，行使民主权利；同时，公安机关要积极应对网络舆论监督，树立警队威望。     

On the Macro Positioning Regarding Anti-Monopoly Considerations Relating to Internet Platform—An Analysis Based on Politics,Policies and Laws

The positioning of anti-monopoly law depends on its unique value, goal and function. From the beginning, anti-monopoly law has had a great political and economic mission, and can become a “super law” with a grand value goal and a powerful function in economic adjustment. The uniqueness of the Internet, in capital, technology and business models, easily allows Internet platforms to grow anarchically, and to have a high correlation with anti-monopoly concerns. Internet anti-monopoly policy should first expand its thinking and elevate its stance in macro value, and seek appropriate legal and economic technical paths. China’s Internet platform anti-monopoly policy cannot simply follow today’s international and superficial trend, which does not contribute to positive experience and may conceal various interests. Instead, China’s Internet platform anti-monopoly policy should actively follow, respect and serve the substantial development interests of China’s digital economy, operating in a timely fashion and at the right location, in ways that are opportune, moderate and modest. It should always be committed to the innovation and development of China’s Internet industry and to international competitiveness. Internet anti-monopoly policy should adhere to the rule of law, build a corresponding rule system, ensure objectivity, neutrality and rationality, and prevent irrationality and over-excitement.