An advanced dissymmetric rolling model for online regulation

2017 ◽  
Author(s):  
Trong-Son Cao
Keyword(s):  
Author(s):  
Shahriar Talebi ◽  
Siavash Alemzadeh ◽  
Niyousha Rahimi ◽  
Mehran Mesbahi

Author(s):  
Eliza Bechtold ◽  
Gavin Phillipson

This chapter investigates how many Western democracies—and the European Union—are enacting increasingly draconian measures against terrorist-related speech that undermine long-standing free speech principles. It outlines a number of factors that tend towards skewed perceptions of the risks of terrorism. The chapter then sketches the rapid spread of laws aimed at terrorist propaganda, noting the unusual role of the UN Security Council in ‘directing national legislative practice’ in the criminal sphere. While there are legitimate arguments for restricting certain types of terrorist material, existing laws and policies tend indiscriminately to lump truly dangerous material together with mere expressions of support or sympathy for groups that use violence, including against despotic regimes, or groups that once, but no longer, used violence to achieve political ends. Skewed perceptions of the threat of terrorism appears to have an almost unique capacity to cause the weakening, if not outright abandonment of the standards that normally provide robust expression to freedom of speech.


Author(s):  
Natasha Tusikov

Having set the backdrop to the private agreements, this chapter discusses how the non-binding agreements emerged from distinct historical and political circumstances. It provides a brief historical overview that traces the growing influence of multinational rights holders on the U.S. government’s intellectual property policymaking processes from the late 1970s to 2012. The chapter then examines in detail four U.S. intellectual property bills, including the controversial Stop Online Piracy Act, which proposed to reshape fundamentally the online regulation of intellectual property rights infringement. In doing so, the chapter documents a significant shift in enforcement strategy from a focus on removing problematic content (e.g., advertisements for counterfeit goods) to disabling entire websites for allegedly trafficking in counterfeit goods. The chapter argues that Internet firms have become global regulators (known as macro-intermediaries) attractive to governments and corporations for policing a wide range of social problems, including counterfeit goods. The chapter concludes that government officials from the U.S., U.K., and European Commission played a central role in pressuring Internet firms to adopt the non-binding agreements. These agreements serve strategic state interests as well as the financial interests of rights holders.


2015 ◽  
Vol 233 (4) ◽  
pp. 1097-1107 ◽  
Author(s):  
James J. Burkitt ◽  
Victoria Staite ◽  
Afrisa Yeung ◽  
Digby Elliott ◽  
James L. Lyons

Author(s):  
Jaani Riordan

Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.


2019 ◽  
Vol 45 (3) ◽  
pp. 239-242
Author(s):  
Bryant Winston Tran ◽  
Sabrina Kaur Dhillon ◽  
Astrid Regina Overholt ◽  
Marc Huntoon

The regional anesthesia community regularly uses social media for advocacy and education. Well-known leaders in the field are willing to share their opinions with colleagues in a public forum. Some visionaries predict that the influence of social media will soon transcend that of the traditional academic journal. While physicians support the use of social media, an trend may exist toward anecdotal information. Does a lack of online regulation along with a bias towards self-promotion cloud meaningful discussion? In order to avoid the pitfalls of social media, thoughtful communication will help regional anesthesiologists promote their subspecialty. Mindful dialog, promotion of academic journals, and professional etiquette will help maintain a collegial environment.


Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.


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