Asia Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

The European Court of Justice in Bolagsupplysningen: The Brussels I Recast Regulation's jurisdictional rules for online infringement of personality rights further clarified

In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Asia Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

网络权力：国际战略层面的新思考

网络信息时代,权力的内涵发生了深刻变化,非政府行为体和个人变得更加活跃,并冲击到了政府的权威。权力流散使国际格局发生了新的变化,行为体多元化和“一超多强”的国际力量对比关系将平行存在。未来的发展趋势将是,网络空间成为国家间竞争的新领域,网络权力成为争夺的新焦点。中国作为有影响力的世界大国,也需要应对网络信息时代的机遇与挑战,构建符合自身未来发展的网络空间战略。     

Hot spot trafficking: a theoretical discussion of the potential problems associated with targeted policing and the eradication of sex trafficking in the United States

Throughout the United States, legal professionals and advocates have taken measures to address the access to victims of sex trafficking. A commonly accepted practice has been to advocate for the removal of ‘sex for sale’ advertising in free media such as Craigslist and Backpage. Although this action against the solicitation of prostitution has been celebrated by many advocates and legal professionals, the removal of such advertisements does not directly affect the prevalence of sex trafficking. In fact, displacement theory suggests that the removal of solicitation advertisements and targeted policing forces traffickers to simply advertise elsewhere or become more creative in selling the victims, thereby concealing the act of sex trafficking and making it less identifiable. Although we do not advocate for the maintenance of ‘sex for sale’ advertisements, the process of removing these ads is counterproductive, having little positive impact on the incidence of sex trafficking in the United States. Rather, it forces both traffickers and victims to bury deeper in the already hidden world of sex trafficking. Policy implications derived from criminal displacement theory and research are provided.     

From ethnocide to ethnoviolence: Layers of native American victimization

The contemporary phenomenon of ethnoviolence - otherwise known as hate crime - has its roots deeply embedded in the historical persecution of Native Americans by representatives of 'the state and private individuals alike. Genocidal policies and practices of the past have their present counterparts in anti-activist and anti-treaty violence, as well as in isolated acts of violence against individual Native Americans. This paper traces the threads that bind together the (d)evolution from ethnocide to ethnoviolence.     

Chutzpah even before the heavenly court

This article discusses how classic and contemporary films can be used to examine justice and peacemaking themes in personal, social, and criminal justice contexts. Thematic topics include poverty, homelessness, the Holocaust, racial prejudice, prison violence, and religious intolerance. The author attempts to illustrate how transformative justice can occur through individual acts of compassion and courage in difficult circumstances.     

Nonviolence Begins With Speech: An Interview with Emily Gaarder on the Practice of Nonviolent Communication

This article focuses on the nature of nonviolent communication, specifically how to practice such in our everyday lives. Emily Gaarder discusses a theory and method developed by Marshall Rosenberg of the Center for Nonviolent Communication. She offers practical measures that enable anyone interested in nonviolence to assess whether their ways of speaking are nonviolent and how they might modify their language to interact with others peaceably.     

Is cyberstalking different?

Abstract

Very little empirical work exists on cyberstalking. The current study analysed detailed questionnaires completed by 1051 self-defined stalking victims. Almost half (47.5%) reported harassment via the Internet, but only 7.2% of the sample was judged to have been cyberstalked. Ordinal regression analyses of four groups of victims, categorized according to degree of cyber involvement in their victimization, revealed a general picture of similarity between the groups in terms of the stalking process, responses to being stalked, and the effects on victims and third parties. It was concluded that cyberstalking does not fundamentally differ from traditional, proximal stalking, that online harassment does not necessarily hold broad appeal to stalkers, and that those who target ex-intimates remain the most populous stalker type.