Who's who in Cyberspace Law World!?!?
Legal Scholars in IT Law Arena
Henry H Perritt, Jr.
Jonathan Zittrain - -Berkman Center for Internet Law
Nicolas Terry- -Saint Louis University
Eugene Volokh - - UCLA
David Loundy- - His E-law web page is great!
Jane Kaufman Winn--E-Commerce Law Expert
Alan L Tyree--E-Banking Expert from Australia
Thomas Bruce_Co-founder of the LII, Cornell University
Michael Froomkin: Domain Name & IP Law Expert
Janet Rifkin: ODR E xpert
Ethan Katsh: ODR Expert
Christopher D. Hunter, The U of Melbourne, Australia
Walter Effross: Professor of Law, American University Washington
Stefan Bechtold, Tuebingen University, Germany
Prof. Dr. W. M?el, Tuebingen University, Germany
Gerd Bucerius-Stiftungsprofessur f?munikationsrecht, Rostock University, Germany
Benjamin Wright, expert in Electronic Commerce Law
Henry H. Perritt, Jr.'s : Dean and Professor at Chicago-Kent College of Law
Alan Davidson: Law Lecturer University of Queensland, Australia
Michael L. Rustad: Suffolk University (Technology Law)
Attorneys Practicing Computer Law
IVAN HOFFMAN, B.A., J.D. Attorney At Law
Dennis Kennedy
Wendy Seltzer--Berkman Center for Internet and Society
Lawrence Lessig: Stanford Law School
Bernt Hugenholtz, Professor of Law, University of Amsterdam
Cyberspace Law and Policy Centre - Reserach Associates, NSW University
Lee Bygrave,U. of NSW, Australia
Roger Clarke, Australian National University
Graham Greenleaf's Web, Professor of Law, U of NSW, Australia
Rodger Jamieson, U of NSW, Australia
Ron van der Meyden, Associate Professor of Computer Science, U of NSW, Australia
Privacy/ Data Protection Law
Freedom of Information in Thailand
Official Information Act, B.E. 2540
APEC: E-com Legal Guide to Thailand
Data Protection Law of Thailand (Draft)
Freedom of Information in Thailand
Official Information Act, B.E. 2540
APEC: E-com Legal Guide to Thailand
Data Protection Law of Thailand (Draft)
Privacy Guide: Reports, Caslon Analytics
Privacy, Confidentiality, and Consumer Protection on the Internet
Links to other Privacy Sites, Australian Privacy Commission
LLRX -- CongressLine: EU Directive 95/46 - Privacy 101
EU and US Data Protection Law -- And Soon the Twain Shall Meet
Privacy working group: Chicago-Kent College of Law
Privacy debate aired in Texas - Tech News - CNET.com
Briefing Materials on the European Union Directive on Data Protection
Global Privacy Developments - February 2001
Electronic Privacy Information Center
The Office of the Privacy Commissioner. New Zealand
OPINION 1/99 concerning the level of data protection in the United States and the ongoing discussions between the European Commission and the United States Government
Privacy Initiatives, USA
Electronic Frontier Foundation, EFF: Homepage
Internet Privacy and Self-Regulation: Lessons from the Porn Wars
BUBL LINK / 5:15 Internet Resources: Internet security
Online Privacy Alliance
Children's Online Privacy Protection Act of 1998 (COPPA)
Privacy Stories Main Page.
Roger Clarke's Dataveillance and Information Privacy Pages
Internet Law, Ch. 05: Privacy
Internet Privacy Law
Self-regulation and privacy
Health Privacy - The Latest
Alternative Dispute Resolution Online
http://www.internationaladr.comMediation Information and Resource Centre:
http://www.mediate.com
ADR Online
www.resolveitnow.com
www.icourthouse.com
www.clicknsettle.com
www.cybersettle.com
www.internetneutral.com
www.eresolution.com
www.squaretrade.com
www.intellicourt.com
more ODR links in 2004
Legal Systems Information
Related Web sites resources: providing ideas of creating free legal information on the Net and how to be an expert system in the legal area...
AustLII: The Politics of Public Legal Information
Commercial Legal Systems on the Web: Trygve, Harvold
English Legal resources
Cannadian Legal resources
Evaluation Legal Research Guildes on the Internet: Colin Fong et al.
Legal Informtion: Focus and Future: Tom Bruce
The Internet and Legal Informtion: Projects and Prospects: Tom Bruce
JILT: User Needs in Electronic Law Reporting : Paliwala, Abdul, Andew
How to Write for the Web (Full Paper): Neisen, Jakob
Beyond the Dark Chaos: Kirby, Michael
Evaluating Legal Research Guides on the Internet: Fong, Colin and Terry Hutchinson
Creating a Safety Net - A Proposed Rating Form for Assessing the Quality of Legal Information in Websites: Robinson, Alan
Usability and accessibility guidelines
Managing the Magic : Standards for Australian Electronic Legal Information: Davey, Sandra and Sue, Scott
http://www.law.cornell.edu/blocks/collect.htm
Authenticity in a Digital Environment: Clifford Lynch
Internet Law
The determination of the law, which applies, to particular multimedia products or services, which may be in more than one jurisdiction. [Cyber-Jurisdiction]
Legal Basic Concepts In Relation to Jurisdictional Issues
@ Conflict Rules-Choice of Law is applied to answer these following questions:
What court has jurisdiction to resolve these disputes?
Waht law should be applied by the forum to resolve the disputes?
How can the judgment or remedy of the disputes be enforce?
What form of dispute resolution should be used?
@ Each country has its own rules for making the "choice of law" decision.
Choice of Law-Tort: There are two main questions to be asked by the court1) Where was tort committed?2) Where was the damage caused?
Considering choice of law in tort law based on Eanglish case: Phillips v Eyre (1870) LR 6 QB 1. Willes J held that:
"As a general rule, in order to found a suit in England for a wrong alleged to have committed abroad, two conditions must be fullilled. First, the wrong must be of such a character that it would have been actionable if committed in England.... Secondly, the act must not have been justifiable by the law of the place where done."
@ Restraints on Proceedings
Forum Conveniens- hear the case in the most appropriate forum or
Forum non conveniens- hear it elsewhere if that is more appropriate For example, the doctrine of forum non conviens can be raised where, in cases of service of a defandant outside Australia, the plaintiff seeks leave to serve or to proceed, or where the defandant, once served, applies to have service of process set aside.
@ The Problem of Forum Shopping
choosing the court is geographically the closest,
considering a higher standard of justice
offering better remedies
filing an action where the forum could be great inconvenience to the other party
@ Enforcement of Foreign JudgementThe Common Law will recognise a foreign judgement provided:
the foreign court's jurisdiction is recognised by the Australian court
the foreign judgement is final and conclusive
the parties are the same
Our Task: Seminar 2
Questions
1. What are the territorial nexus rules for determining the liability of traditional media publishers (print and electronic) for the publication of defamatory material in Australia? What impact would the application of those rules have on the liability of operators of Internet sites for the publication of defamatory material over the Internet?
2. What are the bases of jurisdictional competence on which courts have relied to provide those courts with jurisdiction over material published on a web site which is not located within, but which may be accessed from, the territory over which the court has jurisdiction?
3. In what circumstances will United States' courts refuse to enforce foreign judgements, which fail to satisfy the free speech protection accorded by the first amendment to the United States Constitution? What impact does the refusal by United States courts to enforce foreign judgments in such circumstances have on the ability of foreign jurisdictions to enforce their domestic legal systems on multimedia services which may be accessed worldwide but which are located, and have all of their significant assets, solely within the United States?
4. What are the conflicts of laws rules, which apply to Australian intra-state torts? What impact would the application of those rules have to determining the liability for defamation of the operator of a web site, the server for which is located in Victoria but which may be accessed throughout Australia?
LONDON MEETING DRAFTAchieving Legal and Business Order in Cyberspace:A Report on Global Jurisdiction Issues Created by the Internet*AMERICAN BAR ASSOCIATION GLOBAL CYBERSPACE JURISDICTION PROJECTReport of the American Bar Association ("ABA") Jurisdiction in Cyberspace Project empaneled in 1998 under the title, "Transnational Issues in Cyberspace: A Project on the Law Relating to Jurisdiction." The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association. 1. SOLUTIONS FOR GLOBAL CONSIDERATION1.1. Jurisdictional Default Rules1.2. Contractual Choice of Law and Forum1.3. Hybrid Alternative1.4. The Future Global Agenda to Address Jurisdiction in Cyberspace2. IN SUPPORT OF THE SOLUTIONS:How Technology Has Changed Jurisdictional Paradigms2.1. The Relevance of Physical Location2.2. Targeting2.3. Power Parameters2.4. Contractual Choice2.5. The Intersection Between Jurisdiction and Substantive Liability for Intermediaries3. THE DOCTRINAL FRAMEWORK3.1. Personal Jurisdiction3.1.1. Classic Jurisdiction3.1.2. Jurisdiction Over Defendants Never Physically Present in the Forum3.1.2.(a). Jurisdiction Based on Indirect Economic Benefit3.1.2.(b). Jurisdiction Based on Intentional Causation of Effect3.1.2.(c). Jurisdiction Based on Intentional Affiliation3.1.3. Jurisdiction and the Interne3.1.4. General Jurisdiction3.1.5. Contractual Choice of Forum3.2. Prescriptive Jurisdiction3.2.1. Constitutional and Other Local Restraints3.2.2. The Restraint of International Law3.2.3. American and European Approaches to Choice of Law3.2.4. Torts3.2.5. Contracts 3.2.6. Consumer Contracts 3.2.7. The Internet and International Law 3.2.8. Choice of Law and Personal Jurisdiction 3.3.9 Enforcement Jurisdiction
Related Cases
Mecklermedia Corporation v DC Congress Gesellschaft mbH [1997] FSR 627.
Gorton v Australian Broadcasting Commission (1973) 22 FLR 181, 181-183.
Mink v AAAA Developments LLC 190 F 3d 333 (1999).
Telnikoff v Matusevitch 702 A 2d 230 (Md 1997).
Gutnick v Dow Jones & Co Inc [2001] VSC 305; [2001] ACL Rep 85
Yahoo, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme 169 F Supp 2d 1181; 2001 US Dist LEXIS 18378; 30 Media L Rep 1001 (ND Cal 2001)
Bensusan Restaurant Corporation v King 937 F Supp 295 (SDNY 1996).
"No jurisdiction over defendant in Missouri in declaratory trademark infringement suit brought in New York where defendant maintained mere passive Web site and had no commercial contacts with New York other than Web site."
Blumental v Drudge 992 F Supp 44 (DDC 1998)
Jurisdiction over defendant Matt Drudge in Califonia proper in defamation suit brought in the District of Columbia because defendant's Web site could be accessed in the District, the defendant also e-mailed the allegedly defamatory comment to 85,000 subsribers of his newsletter, some of whom resided in the District of Columbia , and the defendant traveled to Washington to be interviewed by C-SPAN. AOL , however, was protected from liability by the ISP safe harbor in the CDA.
iAccess Inc v WEBcard Technologies Inc (2002) US Dist LEXIS 1258 (United States District Court for the District of Utah, Central Division.
Interactive Web site is not enough to support exerse of jurisdiction over foreign party:A court may not exercise personal jurisdiction over a foreign party that has an interactive Web site when that party has not intentionally targeted or has not interacted with consumers in the forum state.
Internet Doorway Inc v Parks 138 F Supp 2d 773 (2001 US Dist LEXIS 5128)
People of the State of New York v Lipsitz 663 NYS 2d 468 (Sup 1997).
"A New York court ruled that the defendant was subject to personal jurisdiction and liable for violaing New York consumer protection laws, although the defendant conducted its magazine subscription business generally in the Internet"
Playboy Enterprises Inc v Chuckleberry Publishing Inc (1996) 36 IPR 104, 36 IPR 114. .
Additional Links
Domain Name Articles, Cases and Issues
EU-Dr. E-commerce:Internet Governance@@@
WIPO- Barcelona.com case: Case D2000-0505@@@
ICANN Search Index of UDRP Proceedings@@@@@
.eu
Fortune 1000 Domain Registrations: An Alternative Perspective on Registrar Market Share
Registrars of Fortune 1000 Companies - Graphical Comparison
AU-whatsinaname.com.au: .au Registrar Price Comparison
Free Domains, URL and Email Forwarding by Name.Space, or Register your .Com
WIPO Arbitration and Mediation Center - Domain Name Disputes
Internet Society (ISOC) All About The Internet: Link to Other Interesting Sites
IANA Root-Zone Whois Index by TLD Code
Domains: Structure -- Alternative Roots
Forum New.net: Chat about DNS
Mobile TLD Domain Registry@@@
Thaiamazon.com case: WIPO Domain Name Dispute: Case D2001-01392
Yahoothailand.com case-WIPO Domain Name Dispute: Case D2000-1461
General Issues Related to Internet Law
Censorship and the Internet
Internet Law Journal.com - www.TILJ.com@@@
UK-Journal of Information, Law & Technology:elj.warwick.ac.uk@@@@
William & Mary Journal of Online Law@@
Tech Law Journal: News, records and analysis of legislation, litigation, and regulation affecting the computer and Internet industry@@@@@
Censorship and the Internet
eLibrary - Ecommerce Law Links
Canadian IT Law Association/L'Association canadienne du droit des technologies de l'information
Andy Muleer-Maguhn: ICANN related materials
IP Law in Digital Age
American IP Lawyer Association
Welcome to ePatents
http://www.rpi.edu/dept/llc/intelprop/hp.html
Bill Summary & Status
Bechtold: The Link Controversy Page
Bechtold: The Link Controversy Page
WTO Intellectual property (TRIPS) - gateway
WIPO Internet Domain Name Process
UW Copyright Connection
Linking and Liability (BitLaw)
Copyright and Intellectual Property Rights:Berkeley Digital Library SunSite
The UK Patent Office - Notices: Managing Intellectual Property - A Guide for Managers
Judge Weighs Dismissal of Charges in Digital Copyright Case
CNN.com - Judge: U.S. has jurisdiction in DMCA case - April 3, 2002
BNA: Infringement versus fair use: Panel Debates Digital Copyrith Law at Security Conference
Why Copyright Law Could be Unimpotant on the Internet: Eric Schlarcher
A Summary of the New Digital Millennium Copyright Act: Dab L. Bagatell
Basic U.S. Patent, Trademark & Copyright Information
ALA Washington Office: The Digital Millennium Copyright Act
Multimedia Content and the Super Hightway: Rapid Acceleration or Foot on the Brake?: Fred Greguras et al.
Law Books: New-Media Business[Multimedia Law]
WWW Multimedia Law-Internet contracts,licenses
Potential Pitfalls in Multimedia Product Development... : Paul F. Norris et al.
Reforming Information Law in Copyright's Image: Jessica Litman
Intellectual Property in Digital Age
Related Web sites resources: copyright in multimedia works, IP protection laws for works on the Net, Patent, Open Source Codes, Property Rights in Databases and Domain name and so on...
Shifting the Possible: How Trusted Systems and Digital Property Rights ...by Mark Stefin
The Copyright Grab: Pamela Samuelson
Stanford University Libraries: Copyright & Fair Use
Copyright in the New World of Electronic Publishing: William S. Strong
The Copyright Licensing Agency : The UK's reproduction rights organisation
Digital Future Coalition Home Page
UCLA: The Digital Millennium Copyright Act - Overview
Yale University Liblicense: Licensing Digital Information
Software Industry Issues
Virtual Recordings' Virtual Chronicle of the Digital Music Revolution
Virtual Recordings Home Page
CNN.com - Microsoft learns a lesson from competition - April 16, 2002
CNN.com - Open source subject to fiery debate - April 16, 2002
Open Source License Law Resource Center
*The Open Source Licensing Page
Open Source in Open Court: wired news by Heidi Kriz
Openlaw - Berkman Center, Harvard Law School e.g. Open DVD, Open Acess and Microsft Remedy
The Law and Open-Source Software: Sean Doherty
GNU General Public License - GNU Project - Free Software Foundation (FSF)
Open Internet Wiretapping
Google Directory - Computers > Open Source > Licenses
OpenCode--Berkman Center for Internet and Society
Open Source Development Network: Terms of Service
Open Source alive and Well at O'Reilly P2P Conference: Russell Pavlicek
Jabber, Inc.: Jabber Open Source License
How Linux and open-source development could change the way we get things done: Nicholas Thompson
Law Prof Cajoles Dmitry Allies: Jeffery Benner, Wired News
O'Reilly Network: Open Source replacing Patent Law? [April 17, 2002]
Open source and copyright law
Chaining Open Source Software: The Case Against Software Patents
Open source: It's the law: J.S. Kelly, LinuxWorld.com
Free Software Matters: Free Software or Open Source?: Eben Moglen
The Open Source Initiative: OS Clarifies The Status Of The APSL
Free Patents: Protecting Innovation & Competition in the IT Industry
New Scientist: open-source Cola Cab and open-source software?
OpenDVD.org - Extending DVD
The passport to open code
InformationWeek > Open Source > Lawyers Threaten Open-Source Movement--Law Prof > August 29, 2001
Lawyer Lessig raps new copyright laws - Tech News - CNET.com
EFF Open Audio License v1.0 (Apr. 21, 2001)
Lecture Series: How Open Source Software is Revolutionizing Globla Markets... and Communities
TH-Draft Collecting Commission of IP and Performers' Rights Ac
Department Intellectual Property, Thailand
AU- copyright research sources *****
U.S. Copyright Office, Rulemaking on Exemptions from Prohibition on Circumvention...
EU-Portal of the U. of Alicante on IP and Information Society: www.uaipit.com
EU-IPR-Helpdesk
GNU General Public License - GNU Project - Free Software Foundation (FSF)
FLOSS final report index: Open source in EU@@@
Commission on Intellectual Property Rights@@@@@
The Great Panic: How Digitization is Deforming Copyright Law: Anne K. Fujita
American IP Lawyer Association
Welcome to ePatents
http://www.rpi.edu/dept/llc/intelprop/hp.html
Bechtold: The Link Controversy Page
WTO Intellectual property (TRIPS) - gateway
WIPO Internet Domain Name Process
University of Washington: Copyright Connection
Linking and Liability (BitLaw)
Copyright and Intellectual Property Rights:Berkeley Digital Library SunSite
E-Corporations
Related Web sites resources: international securities commissions and their policies in relation to online securities trading, corporations law and the Internet and many more about modern company law...
Australian Securities and Investment Commission
Australian Stock Exchange
Centre for Law and Securities Regulation at the University of Melbourne
Commonweath Attroney-General's Department: e-Commerce
www.iosco.org: International Organization of Securities Commissions
Centre for Law in the Digital Economy at Monash University
National Office for the Informaiton Economy, Australia
United Nations Commission on International Trade Law
US. Securities and Exchange Commission/SEC
www.seclaw.com: an Interesting US. Securities legal resource
Stanford Securities Class Action Clearinghouse
Securities Lawyer's Deskbook: U.S. Securities Law
Securities Arbitration Home Page - from SECLaw.com
Securities Fraud and Investor Protection Resource Center
SEC, NASD and Securities Law Information Center
Corporate Counsel Center: FindLaw.com
Duke University Global Capital Markets Center - Securities
FindLaw: Legal Subjects: Securities Law
realCorporateLawyer.com/Cyberlaw Center/Securities Law Issues for Bankruptcy
Investors' Law Center, P.A. -- Why Arbitration?
Initial Public Offering IPO Resource Center
Center for Law and Economics Studies Faculty info: Columbia Law School
COMPANY LAW: Virtual Law Library: UK
Australian Corporations Law Links
The International Institute for Corporate Governance at the Yale School of Management
Securities Commission of New Zealand
Centre for Corporate Law and Securities Regulation, U of Melbourne
Delaware Corporate Law Clearinghouse - Chancery Court, Court of Chancery
Cyber Securities Law
LII: Law about...Corporations: Cornell Law School
E-Consumer Protection
Australian Competition and Consumer Commission (ACCC)
Australian Securities and Investments Commission - Online Investors Protections
CNN.com - Technology - Consumer group: Online privacy protections fall short - January 26, 2001
Press Release - 25 January 2001
Consumers International - www.consumersinternational.org
Consumers Union: Nonprofit Publisher of Consumer Reports
US Federal Trade Commission: Working for Consumer Protection
FirstGov for Consumers: www.consumer.gov
www.fraud.org: US web site
U.S. Department of Health and Human Services: Food and Drug Administration Home Page
EU-Legal issues - Consumer Protection
US-New Jersey Office of Consumer Protection
Consumer Protection, Private International Law and Internet Contracts
Consumer Protection - European Consumer Infocentres (Euroguichet)
Protecting Yourself From Fraud: http://legal.firn.edu/safety/protect2.html
Consumer Protection-PIRG:www.pirg.org/comsumer/
Consumer Internet Privacy Protection Act of 1997
INTERNET SAFETY Menu - The Police Notebook
Advertising/Consumer Protection working group: Chicago-Kent College of Law
Maryland Attorney General - Consumer Tips and Publications
Consumer Protection Unit: Alaska Department of Law
Consumer Resources-Kentucky Office of the Attorney General
Online Shopping, Internet Retailing, & Consumer Protection: KnowThis.com
Useful external links, consumer protection sites.
Business, finance, economic, and consumer protection laws:www.LawGuru.com
Customer Protection
eConsumer.gov
QuickLinks - Consumer protection+EU
Regulating the Internet: EU & US Perspectives
Spam Laws: European Union:www.spamlaws.com/eu.html
Testimony on Green Paper on Consumer Protection
Consumer Law Center:www.hg.org
International Marketing Supervision Network
ISBA - The Voice of British Advertisers
International Counselor
Press Release from www.consumersinternational.org
E-Commerce News: EU OKs E-Commerce Dispute Law
Internet Law and Policy Forum - Consumer Protection Division
UK-The Consumer Gateway: e-Shopping
NZ - Consumers and Electronic Commerce
EU data protection overview - 14 Jun 2000
National Consumer Agency - Legal protection of consumer rights in relation to transnational digital networks
Consumer Issues in E-Commerce:www.it.bond.edu.au/law429
Fight Spam on the Internet!
Trans Atlantic Consumer Dialogue
EU PR 08/98: INFORMATION SOCIETY: COMMISSION PROPOSES INTERNATIONAL CHARTER
Personal Data Protection Sub-Working Group, Consumer Issues Working Group(ECOM Journal 1)
E-Commerce Law
Interesting e-commerce sources: online contract, cyber jurisdiction and consumer protection...
@0nline Contract
Electronic Commerce Contracts@@@
Multimedia & Software Law Publications
Internet Legal Issues (Part 3): Internet Legal forms for Business Overview
Legal Articles:www.publaw.com
Russian law: legal researches & reviews of legislation
E-Commerce News: UK Legal Issues E-Commerce Int\'l Loophole Warning
To agree or not to agree: Legal issues in online contracting.
Legal Issues of Electronic Commerce: Activity Policies, Intelligent Agents and Ethical Transactions
@General Issues Regarding E-Commerce Law
Electronic Commerce and the EU Regulations and PoliciesWWW
The Stanford Program in Law, Scince and TechnologyWWW
Berkeley Center for Law and TechnologyWWW
Monash Law: Centre for Law in the Digital Economy/ CLiDEWWW
E-Business Research Center-Legal Issues and Government EffortsWWW
E-Commerce Law LinksWWW
Jane Kaufman Winn's Web siteWWW
CLA: 30 Years of Excellence in Technology Law!WWW
John Marshall University: Great Cyberspace Law IndexWWW
Ameritech.net: Legal ResourcesWWW.
CyBarrister Page: What Jurisdiction Controls?WWW
The National Conference of Commisioners on Uniform State LawsWWW
IAHC Home pageWWW
Baker & McKenzie: Global E-Commerce Law
@E-Commerce Legislation
UK-The Electronic Signature Regulations 2002
EU- Electronic Signatures Directive 1999/93/EC
UK-The Draft reguations implementating the E-commerce Directive
EU- The Council regulation on jusrisdiction and the regulation and enforcement in civil and commercial matters (replaced the Brussels Convention)
E-Banking and Payments
Related web sites resources: e-cash, e-check, EFT and P2P payments and so on...
Payment Systems/Banking working group
Internet and Online Banking - Pey@Law
Federal Public Key Infrastructure Steering Committee home page
Australian Bankers' Association
ABIO.org.au
Banking security
EPSO.jrc.es
Electronic Money,and Digital Cash
Journal of Internet Banking and Commerce
Electronic Money Conference Agenda
Security and Internet Payment
Papers and Documentation for NetCash and NetCheque
CyberCash, Inc. - The E-Commerce Leader in Payment Solutions
First Monday: Electronic Cash and Monetary Policy
CLA: 30 Years of Excellence in Technology Law!
www.jrc.es/list.cfm
ZDNet: Business & Tech E-Commerce: E-money players
RBA: The Australian Payments System
Computer Money Day 1997
Science and Technology - Electronic Commerce Payments Committee
Emerging Electronic Methods for Making Retail Payments
top3:www.vii.org
Online Payment Systems@@@@@
Financial Privacy Resources
E-wallets get a boost from Amazon - Tech News - CNET.com
Freehills Internet Site:Global anti-money laundering
Freehills Internet Site: Reform of Credit Card Systems in Australia
Digital Management
UK Patent Office - Notices: Managing Intellectual Property - A Guide for Managers
Judge Weighs Dismissal of Charges in Digital Copyright Case
CNN.com - Judge: U.S. has jurisdiction in DMCA case - April 3, 2002
Why Imposing Old Copyright Law on New Technology/ Will Not Work: Douglas J. Masson
UK Stands Firm on Domains: Mike Braceken
NSI Domain Dispute Resolution Policy Statment
Domain Names and Trademarks: At the Intersection
Case Against Playboy Model Could set Precedent: New York Times
Meta Tag Lawsuits: Danny Sullivan
IP Australia: Patents, trademarks and designs
KuesterLaw Technology Law Resource - Patent Copyright Trademark
Australian Law Online: Copyright and IP
Gray Cary. IP Online News
Register.com Corporate Services Division
practicallaw.com: Topic: IP, technology and telecoms
Managing the Digital Enterprise Intellectual Property on the Web
Copyright and trademark - The HTML Writers Guild
Freshfields Bruckhaus Deringer: IP/IT newsletters
Online Legal Issues @ Big Blog
Patents Online Business Newsletter - Volume 2 - Issue No. 5
IP Access - Topic - IP Access > Who? > Small to Medium Sized Enterprise (SME)
Online Information Provider Liability for Copyright Infringement
Intellectual Property Research Institute of Australia- IPRIA@@@
Cyber Crime
>>C Y B E R C R I M E:www.cybercrime.gov of US Dapartment of Justice@@@
>>Federal Computer Intrusion Laws
>>Cybercrime on the Internet
>>Electronic Evidence:www.willyancey.com
>>CNN - Cracking cybercrime - October 29, 1998
>>CERT®/CC: How the FBI Investigates Computer Crime
>>Transnational computer crime:www.undcp.org/palermo/cybercrime.html
>>CYBERCRIME 2002 :www.cybercrime2002.com
>>QuickLinks - Computer crime
>>AusCERT - Australian Computer Emergency Response Team
>>theage.com.au -Sharp rise in computer crime in Australia
>>UQ News Online: Survey finds Australian computer crime on the rise (May 20, 2002)
>>CRIME IN CYBERSPACE: TRENDS IN COMPUTER CRIME IN AUSTRALIA
>>6.805/STS085: How countries handle computer crime , by Michael Wl Kim
>>Internet and Computer Issues/Law Articles@@@
>>www.tomw.net.au/links:Australian Computer Crime
>>AU-Internet, Computer and Cyber Crime
>>AU-Security / Computer Crime: www.efa.org.au
>>Reporting Internet Crime across the Globe: www.ccmostwanted.com@@@
>>ABC News - Outlaws in Cyberspace
>>Computer Crime, cyber Crime and Cyber Terrorism Research Center
>>EU- Computer-related crime@@@@@
>>Privacy International - Cyber-Crime@@@
>>EPIC Data Retention Page: EU Data Retebtion
Computer Crime: Australian Resources :http://videlex.com
>>Internet related Policy Issues and developments following the Attacks on America on 11 Sept. 2001
>>EU-Cybercrime & Cybersecurity Communication
Norway-THE LEGAL FRAMEWORK
>>Criminal Justice Resources Resources: CyberCrime
>>AUSTRAC-Mutual Assistance and Electronic Crime
Infowar.com Law Section
>>Specific Types of Transnational Crime II
>>Overview of CoE Draft Convention
>>EURIM-Briefing No 30:E-CRIME-A new opportunity for partnership
>>Reflections on Enforcement Measures and Penalty Levels in Computer Misuse Legislation:by Indira Carr et al.
>>Cyber-Security Issues by Bernard Clements et al.
Broadcasting and Media
Related Web sites resources: Telecomunication, Cable, Carriers, Broadcasting, communicationS and Media law.
Communications Media Center at New York Law School
Electronic Frontier Foundation
Federal Communications Law Journal
E-Europe: An Information Society for All
Virtual Institute of Information
Federal Communication Commission (USA.)
AU-Communications Law Centre
www.crtc.gc.ca
US-Telecom Information Resources
CA-Angus TeleManagement: Links
www.acjournal.org
German Telecommunications Law
NOCALL - Cable Television
REFLAW: Media & Television & TV & Video & Law & Legal
USA-Communications Law
Guide To Communications Law
www.epsmith.com/smith5.htm: Telecommunications Law
TelecomWriting.com: Good basic knowledge for Non-Technologist!
GR-Hans-Bredow-Institut f?ienforschung links media law centers in EU.
Digital Media and Regulation
DiMA - The Digital Media Association
Au-David Flint outlines the issues for Australian digital media regulation - On Line Opinion 15/3/01.
International Journal of Communications Law and Policy
EC2 @ USC - Digital Commerce Center - Media Convergence
Regulating digital radio?:www.ntl.com
Regulating Television: Communications in the Public Interest Policy
Creative, Media & Arts: Forms and Documents: Regulating Communications
Democracy and Cyberspace
JILT: Regulating the Media Revolution: In Search of the Public Interest
Pamela Samuelson: Papers
List of Publications by Dr Petros Iosifidis
Programme in Comparative Media Law & Policy at Oxford University
Summer programme: Comparative Media Law and New Technologies
Project Publications: http://lesman.ac.uk
AU-Regulating News on the Internet
AU-BROADCASTPAPERS.COM: Opening the door to the digital era regulating Australia's Broadcast and new media industry of the future
UK-Regulating Communications in the Multimedia Age
BLUE CAT DESIGN - New Media Articles - Regulating the Net - CRTC Regulations
Stefik - Opening Remarks
AU-Media Report - 17/08/00: Regulating the Airwaves
theage.com.au - The cross-media laws must go for diversity's sake
Globetechnology.com: News
Convergence Conference Papers
DFN: New restrictions loom for Malaysia's Internet
High Capacity Media Markets
The Columbia Institute for Tele-Information (CITI)
Special Issue on the Sixitieth Anniversary of the Communications Act of 1934
The Cable Center Research & Education How Cable Works
Telecommunications Towers and Wireless Communications
FCLJ Vol 47 No. 2 - Director and Botein, Consolidation, Coordination, Competition, and Coherence: In Search of a Forward Looking Communications Policy
Medialex: revue de droit de la communication - zeitschrift fuer kommunikationsrecht
Cardozo School of Law: Arts & Entertainment Law Journal
The FCC Takes On the Locals
The Industry Standard Archives Technology & Telecom
USC Annenberg School for Communication
Telecommunication Studies Group at U of Southern
Connectivity: eBusiness Clearinhouse, Georia State University
Communications Law Books
IRIS - Legal Observations of the European Audiovisual Observatory
Ju-Yong's Homepage:Southern Illinois University
Hastings Communications and Entertainment Law Journal (COMM/ENT): Home Page
Digital Law Net - Web Consulting Information Brokerage
International Journal of Communications Law and Policy
Competition in Canadian Telecommunications : Building on success and moving forward
License: under the US Communiction Act 1934
Midwest Video Tapes: U.S. Legal Decisions; Cable Televison
ITeR - National Programme for Information Technology and Law
RWonline - Broadcast Law Review
Communications Law in Transition Newsletter
Thai Broadcasting: Journalists Face a New Battlefield: Prangtip Daorueng
U.S., Thai officails crack down on drug sites: USA TODAY, 06/07/00
Paper prepared for Asian Development Forum Media and Access to Information in Thailand Kavi Chongkittavorn
Thai Post and Telegraph Department
APEC TEL WG - LINKS - BODY
FAQs: E-Commerce & Telecommunications about Thai regulartory framework of Telecommunications
Asian Communication Handbook 2001
Industry Analysis: the Telecommunications industry in Thailand
The Forthcoming Liberalization of the Thai Telecommunications Market Present and Future Trends
Bangkok Post Oct 5, 1999 - A breath of fresh air
REPORTS Thai Media
Thailand: BROADCASTING EQUIPMENT
Satellite OnLine Magazine
Telecom WebCentral - World Regulatory Agencies
Some oppose new bid to regulate ,Bangkok Post, August 19, 1998
Miller & Van Eaton, P.L.L.C. Firm Papers
THE PUBLIC?S ACCESS TO TELECOMMUNICATIONS: UNIVERSAL SERVICE AND PEG
Cable Act Reform at the FCC: What It Means To Cities
Telecommunications and Local
Media & Telecommunications Law: National Library of Australia
Internet Resource Guide: Communications and Media Law: Parliament of Australia
AU-Communications Law Centre - Publications List@@@@@
US-Alternative Media Links:Papter Tiger Television
AU-Industry Analysis: the Media, News, Broadcasting and Publishing industry in Australia
CataLaw : Communications Law
AU-Index to the Stewart Fist Collection: Media and Telecoms Articles
Information Technology: Australian Bureau of Statistics
AU-Australian Key Centre for Cultural and Media Policy at Griffith University
AU-Office of Regulation Reform - Benchmarking - Telecommuncations
AU-Should We Combine Telecommunications and Broadcasting Regulation?
Au-David Flint outlines the issues for Australian digital media regulation - On Line Opinion 15/3/01.
Diane's List of International Sites
Guide To Communications Law :www.hg.org/communi.html@@@@@
Centre for Innovation Law and Policy, U of Toronto, Canada@@@@@
Telecommunications Issues@@@
TVinsite:www.tvinsite.com/broadcastingcable.com@@@@
TelephonyOnline.com: Intelligence for the Broadband Economy@@@@
Domain Names and Legal Issues
Cybersquatter
The Register- World's most notorious cybersquatter arrested
James Bond Triumphs Over Notorious Cybersquatter
Domain Name Disputes FAQ - The Anticybersquatting Consumer Protection Act
John Zuccarini- Notorious cybersquatter liable under the ACPA
the Statement of SEN. Patrick J. Leahy, Ranking Minority Member, before the Senate Judiciary Committee
Senate Judiciary Committee Hearing On Cybersquatting And Consumer Protection Ensuring Domain Name Integrity
Remedies in Domain Name Disputes A Canadian Perspective
Fall 1999 Recent Developments In Trademark Infringement On The Internet And Remedies For Trademark Owners
How To Understand The Frustration of the Trademark Owner Over Domain Names And What You Can Do About It
INTA WHITE PAPER- The intersection of trademarks and domain names
WIPO Domain Name Decision D2003-0709- thairedbull.com
WIPO - Domain Name Disputes re Thai cases
WIPO Domain Name Decision D2000-1461- yahoothai.com
WIPO Domain Name Decision D2000-0436- Jim Thompson
IP Address to Hostname
Howstuffworks What is an IP address
How do I find out my IP address
UDRP Decisions
WIPO Domain Name Decision D2000-0735
Significant Internet Jurisdiction Cases
NAF Decision re Cornell University v. Steven Wells or cornellrentals.com
WIPO Domain Name Decision D2003-0262- Starbucks coffee
Domain Name Policies
Domain Name Registration provider in Thailand with web hosting and e-mail
InterNIC The Internet's Network Information Center
ICANN Resources for Country Code Managers
IANA .th - Thailand
THNIC-ccTGD manager
IANA .au - Australia
AUNIC Changes
DomainName.gov.au
AusRegistry
.au Domain Administration (auDA) Ltd
auDA .au Policy
auDA .au Dispute Resolution Policy (auDRP)
auDA Community Geographic 2LDs
IANA .my - Malaysia
WELCOME TO MYNIC WEBSITE
IANA .cn - China
China Internet Network Information Center
China Internet Network Infomation Center
IANA .sg - Singapore
SGNICs Web Site
Red Bull Extra - The official site for the X-generation
Internet Legal Issues: Metatags
Introduction
During the past few years commercial use of the Internet has boomed to the point where publishing companies -- whether they be a Random House, a small niche publisher or a self-publisher -- look upon opportunities from owning their own website as a relatively inexpensive marketing cost for increasing company recognition, sales and profits for their individual titles and product lines. As publishers begin to more actively utilize the World Wide Web for promotion of their company and products they should become more knowledgeable of Internet issues that may affect their online marketing efforts.
The Internet Legal Issues series that is being launched with this article on "Metatags" will periodically discuss Internet legal topics that publishers should understand if they intend to use their website as a marketing vehicle.
Trademark, Unfair Competition Law & the Right of Publicity
One of the guiding principals of trademark and unfair competition law is the protection of the commercial value in trademarks and trade names. In addition the right of publicity protects the commercial value of the name or persona of a "famous" personality. Trademark, unfair competition and right of publicity legal actions generally result from infringement claims based upon conduct that confuses or misleads consumers to the commercial detriment of the owner of the trademark, trade name or personal name. This complained of activity is as pressing a matter in the physical marketplace as it is in the online marketplace.
What are Metatags?
Metatags are invisible hypertext mark-up language; commonly referred to as HTML code that is inserted in a website by the website owner. The metatags generally consist of key words and phrases that describe the content of the website. Their purpose is to enable an Internet search engine, such as HotBot, Infoseek or Alta Vista, to read the metatags and identify the website containing the respective meta-tag as a relevant website with respect to a particular search word or phrase.
An example of how a publishing company might use metatags is the following. XYZ Publishing has recently published a book on the subject of parenting, entitled How To Be A Better Parent, and one of its marketing objectives is to publicize this title on its website. In an attempt to attract more viewers to its website the promotional copy for How To Be A Better Parent contains numerous references to the word "parenting" and variations on that word such as "parent", "parents", and "parented". In addition the website programmers could also include invisible metatags that contain the word "parenting" and its variations in the website. If an individual performed an Internet search on the word "parenting" the respective search engine would look for the word "parenting" and its variations in the visible text of the XYZ Publishing website -- the promotional copy for How To Be A Better Parent -- as well as the invisible metatags.
By inserting the metatags the programmers are attempting to increase the likelihood that a particular website will be ranked higher than another website. Many search engines rank a website based upon the number of times a word or phrase is used in the website as well as on where the word or phrase is located on the web page, with greater importance being accorded if the word or phrase is used at the beginning of the web page. Therefore, it is more likely that an Internet search on the word "parenting" would result in finding the XYZ Publishing website and the book How To Be A Better Parent if the promotional copy frequently repeated the word "parenting" and its variations and if metatags using the word "parenting" and its variations were placed at the beginning of the web page as well as throughout the remainder of the web page. By using the metatags in this manner it is possible that a search engine would determine that the XYZ Publishing website was the most relevant response for a search on the word "parenting". By now you may be asking yourself is there anything wrong or illegal with the way XYZ Publishing used metatags in an attempt to increase the probability that the XYZ Publishing website would be found? The answer would be no and that the use of metatags was a good marketing strategy; that is unless the word "parenting" or one of its variations was a trademark owned by another entity.
Rule: Properly use metatags as part of your marketing strategy to bring web surfers to your website.
Invisible Infringement
It is also possible for XYZ Publishing in an attempt to increase the viewership of its web page to utilize other owner's trademarks or identifications in its metatags. This can be illustrated by once again using as our example the XYZ Publishing's promotion of the book How To Be A Better Parent. In this scenario the programmers could be instructed to incorporate metatags in the XYZ Publishing website of words, phrases or names that are readily recognized with respect to the subject matter of parenting such as "Parenting Magazine", "Dr. Spock", or the titles or names of well-known parenting books, programs, famous individuals or companies that the consumer identifies with the topic of parenting.
In this case if an Internet user searched on the name "Dr. Spock" it might result in their finding the XYZ Publishing web page and its book How To Be A Better Parent that was not authored by Dr. Spock. The Internet user is brought to the XYZ Publishing website through XYZ Publishing's use of another's trademark or identification. Since metatags are generally invisible to the viewer of the website when that page is opened by a web browser the Internet user may now be left wondering and confused why he/she is now looking at the XYZ Publishing web page and not at a Dr. Spock website.
Once again you may be asking yourself whether there was anything wrong or illegal with the way XYZ Publishing used the metatags in an attempt to increase the probability that the XYZ Publishing website would be found? This time the answer would be that it is highly probable that the inclusion of another owner's trademark or identification in the XYZ Publishing metatags may have constituted trademark infringement, dilution, false advertising or right of publicity violations.
Recently there have been a number of court decisions involving the issue of alleged misuse of metatags. In Playboy Enterprises, Inc. v. AsiaFocus, Inc. a federal court in Virginia held that the inclusion of Playboy's "Playboy" and "Playmate" marks in metatags constituted trademark infringement and dilution. In Niton Corp. v. Radiation Monitoring Devices, Inc. a Massachusetts federal court ruled that Radiation Monitoring Devices ("RMD") use of Niton's metatag descriptions to attract Internet users to RMD's website was likely to result in consumers believing that RMD was also known as Niton, that RMD was affiliated with Niton and that RMD made the products marketed by Niton; the court enjoined RMD from using its website to imply any association between itself and Niton. Playboy Enterprises was also successful in Playboy Enterprises, Inc. v. Calvin Designer Label in enjoining the unauthorized use of Playboy's "Playboy" and "Playmate" marks in metatags, but was unsuccessful in Playboy Enterprises, Inc. v. Welles in preventing a former Playmate's use of the words "Playboy" and "Playmate" as metatags because her use was fair use on the basis that the marks were not being used to compete with or suggest endorsement by Playboy of her website.
Rule: Do not misuse metatags by using trademarks, trade names or names of personalities owned by another without their permission.
Conclusion
Legitimate metatag use will continue to play a growing and more significant role in marketing a publisher's books by enabling web surfers to more easily find the publisher's website and information on a particular title, but it is also likely that the deceptive use of trademarks, trade names and names of personalities will also increase. Although the misuse of metatags may be illegal it is frequently difficult to catch. Therefore, as a means of caution a publisher who has important trademarks or trade names should periodically perform a search engine search of their trademarks or trade names to detect any misuse.
http://www.publaw.com/legal.html
Internet Legal Issues: Linking
One of the basic mechanisms of the World Wide Web is the use of links from the "Linking Page" to another Web page that is frequently referred to as the "Linked Page". Linking (or "hyperlinking" as it is sometimes known) is a powerful tool for enabling the Internet user to quickly shift to related content sources. The "link" is usually highlighted in a different color than other content on the Linking Page and acts as an "active" or "hot" zone on the Linking Page. The link may be represented by text or images and permits the viewer on the Linking Page to immediately gain access to the Linked Page simply by clicking on the text or image. This eliminates the need to type in the full and sometimes lengthy address of the Linked Page since the text or image that replaces the underlying code for the link acts as the address of the Linked Page. When the user activates the link, the user's Web browser accesses the Linked Page and displays the Linked Page to the user.
The ease of linking however brings with it legal risks. A Web site owner should be aware that their are a number of legal issues raised by including links on your Web site to Web sites owned by third parties and that many of these legal issues have still not been resolved. These legal issues may include copyright and trademark infringement, unfair competition, commercial misappropriation, defamation and the right of publicity.
Legal Issues Involving Linking
It has been the usual practice for Web site owners to have linked their Web pages with other Web pages without requesting or obtaining permission from the owner of the Linked Page. The Web culture viewed such links as having "significant" value to the user and to the respective owners of both the Linking Page and Linked Page. However, the increased commercial importance of Web sites may be altering the traditional Web culture of permitting links without permission.
The disputes involving linking have generally been of three types. (1) The Linking Page uses copyright or trademark protected text or images from the Linked Page. Examples of this would include using an image of the "Coca Cola" bottle or using Nike's phrase "Just Do It" or using a photograph of an artist's artwork as the "hot" zone on the Linking Page that when clicked on by the user accessed Coca Cola's, Nike's or the artist's Web page. (2) The Linking Page does not link to the Linked Page's "Home Page" but instead links to an internal page of that Web site. (3) The Linking Page links to Web sites that carry defamatory material or display and distribute infringing copies of copyrighted works.
Guidelines for Linking to Other Web Sites
1.Links to third party Web sites should be as simple as possible.
It is suggested that you do not use more than plain-text names for the "hot" zone to link to another Web page. You should not use a third party's logos, product designs, slogans or trademarks as the "hot" zone to their Web page since this could lead viewers of your Web page to believe that the Linking Page endorses or is affiliated with the Linking Page. In the event you believe you must use as the hot zone, an image such as the Coca-Cola bottle and not the plain-text name Coca-Cola, then to preclude any possible liability it would be advisable to obtain permission from the Coca-Cola Corporation.
It is also advisable not to describe the Web sites to which you provide links. This will prevent the owner of the Linked Page from alleging that your description of the Linked Page was inaccurate or misleading.
2. Link directly to the Home Page and not to the internal pages of Web Sites.
Controversy involving links to the internal pages of a Web site has revolved around two major issues. The first concerns user contacts as it relates to "advertising revenue" and the second involves bypassing the Web site's "policies and terms and conditions" governing usage of the Web site that are often are only accessible from the Home Page.
Advertising that is only available on a Web site's Home Page is bypassed when a link is not to the Home Page but to an internal page. This may have a harmful effect on the linked to Web site's potential advertising revenue as such revenue is usually based on the number of "hits" to the page that contains advertising.
One lawsuit, that has recently been settled, involved the Ticketmaster Corporation and the Microsoft Corporation. Ticketmaster filed suit against Microsoft for improperly using the Ticketmaster name and logo on its, "Seattle Sidewalk" Web page. Ticketmaster alleged that Microsoft's actions resulted in the dilution of Ticketmaster's trademarks, misrepresentation, unfair competition, unfair business practices, and misleading statements.
Microsoft's use of "deep" hyperlinks permitted a user of the Seattle Sidewalk Web site to bypass the policies and service information provided on Ticketmaster's homepage and allowed the user to go directly to a Ticketmaster internal Web page to purchase tickets for upcoming events. If the Microsoft links from its Seattle Sidewalk Web page had been links to the Ticketmaster homepage instead of to one of the internal pages within the Ticketmaster Web site Ticketmaster's policies and service information could not have been bypassed by the user. Ticketmaster alleged that deep linking, permitting the user to bypass Ticketmaster's Home Page, enabled Microsoft to benefit from Ticketmaster's trademarks and name.
It was also interesting to note that before the suit began, the companies were in discussions regarding links from the Sidewalk Web site to the Ticketmaster site; suggesting Microsoft was concerned about the legal implications of such linking. However, once the negotiations failed Microsoft unilaterally established deep links to the Ticketmaster site.
It may therefore be advisable, to preclude any potential liability, that the Web site desiring to link to an internal page of another Web site consider contacting the owner of the Linked Page before initiating such link and obtaining permission from the owner of the Linked Page to link to an internal page and not the Home Page.
3. Your Web Site should have a "Link Disclaimer".
Every Web site should have a "Terms and Conditions" statement that governs the usage of its Web site. This Statement should include among other information the Web site's policies with regard to the company's copyrighted content and trademarks that are included on its Web site, its "privacy" policy, guidelines for third party Web sites that may want to link to your Web site and a Link Disclaimer that specifically addresses the issue of links to and from other Web pages.
In the case where your Web site will be the Linked Page you may want to establish guidelines that specifically address the issues of (1) the use of your logos, designs, slogans or trademarks, (2) links to internal pages, (3) under what circumstances you will not permit links to your Web site, and (4) under what circumstances your permission is required before linking to your Web site.
When your Web site is the Linked Page your "Link Disclaimer" should address the issues that your Web site cannot control the content of third party owned web sites that link to your Web site and inform the user of your Web site that if they visit your Web site through a link from a third party Web site and find the content of that Web site inappropriate or offensive that they should contact you so that you may evaluate this matter. On the other hand, when your Web site is the "Linking Page" you should notify your Web site users that they may find links from your Web site to third party owned Web sites that contain content that they may find to be of interest. You might also want to inform your Web site users that you initially visited these third party Web sites before linking to them but that they must understand that you do not control their content and that such content frequently changes.
Conclusion
Linking from your Web site to third party Web sites can be a powerful marketing tool for your company. Linking creates added value for your Web site in that your users will return to your Web site not only for its content but also for the knowledge that you will link them to other valuable information that can be found on the World Wide Web. Is there a better way by which you can obtain repeat and loyal users of your Web site? One important guideline to always remember is that you should only "link to other Web sites in the same manner that you would like them to link to your Web site".
http://www.publaw.com/legal.html
Internet Legal Issues: Framing
A technique frequently used on the World Wide Web is "framing". Framing permits one to create a composite Web page that consists of one or more separately addressed elements. A Web page that includes framing will consist of specifically identified areas, i.e. "frames", on the computer page. Another way of looking at this is by referring to the frames as multiple windows on the computer screen.
The frames may contain either highlighted URL addresses of other Web pages that are intended to be "selected" by the framing page user or other pages within the same Web site. When the framing page user clicks on a framed URL address the user's browser immediately transmits the content of the selected URL so that the content of each frame appears on the user's screen not as if the user had accessed a new URL page directly, but instead the content appears within the portion of the screen designated as its frame. Each frame functions independently, therefore the information that is downloaded into one frame will fill up only that frame, and it will not overwrite or affect the contents of the other frames on the computer screen.
Through hyperlinking frames enable a user to simultaneously view different Web site locations within a framed area on a single computer screen and without losing the user's connection to the framing page site. Furthermore, the URL address contained in the user's browser continues to display only the address of the framing page. It is also important to understand that the content being framed is only temporarily on the framing Web site, a result of clicking on the content's URL, while the content's permanent location continues to be the framed site. This is because framing technology works by directing the user's browser software to the URL containing the content and does not import the content into the framing page.
Frames and framing technology offers Web site owners with unique opportunities because each frame functions independently and permits the information to be displayed in only one frame on the computer screen without overwriting the content that is displayed in other frames on the computer screen. This permits the Web page owner to capitalize on the design layout of their web site by keeping advertising and certain web site material fixed within a particular frame. This frequently occurs by placing advertising in one section of the screen and a navigation bar that may include an index to the Web site or the contents of a page in a scrollable frame. These framing techniques have proven popular to Web site owners in that it has increased the commercial value of their Web site by keeping their advertising in sight of the user while displaying the content from another URL or by increasing a user's convenience of visiting their Web site by having a navigation bar always in view or a scrolling window that contains a table of contents to assist the user in locating particular content materials on their Web site.
As with other Internet techniques, such as linking and meta-tags, the ease of framing brings with it legal risks. A Web site owner should be aware that their are a number of legal issues raised by framing and including frames on your Web site and that many of these legal issues have still not been resolved. These legal issues could include copyright and trademark infringement, unfair competition, commercial misappropriation, breach of contract, tortious interference, fraud, defamation, right of privacy and right of publicity.
Legal Issues Involved with Framing
The use of framing technology was a central issue in the Washington Post v. TotalNews case that was settled a few years ago whereby several prominent news organizations, including The Washington Post, The Wall Street Journal and CNN brought a lawsuit against the Web-based news gathering site TotalNews. TotalNews was using frame technology and hyperlinking to display the news organizations' information on the TotalNews Web site and was surrounding the frames with its own advertising.
The news organizations alleged that the TotalNews Web site by its use of framing and hyperlinks to the news organizations' own Web sites changed the manner in which one read their Web sites because the TotalNews' frame contained paid advertising of TotalNews' advertisers instead of the advertising that was incorporated on the new organizations' web sites. The new organizations asserted the following claims against TotalNews:
Misappropriation.
The news organizations claimed that the TotalNews site "unfairly misappropriated valuable commercial property" by "[taking] the entire commercial value of the news reported at each site and literally selling it to others for TotalNews' own profit."
Federal trademark infringement and dilution.
The news organizations under both federal and state laws claimed that the TotalNews site "dilute[d] and detract[ed] from the distinctiveness of [the news organizations'] famous trademarks." They also alleged that the TotalNews site was "likely to cause confusion and mistake and to deceive customers as to the source or origin of the content and advertising depicted at [TotalNews'] Web site."
Copyright infringement.
The news organizations claimed that the TotalNews site violated "several . . . exclusive rights . . . belonging to the [news organizations] as owners of the copyrights in their respective content and Web sites, ... ."
There are a many ways by which framing could constitute copyright infringement of a linked site's copyrightable material. The reproduction right may be infringed when a linked page is locally cached for the purpose of framing without the copyright owner's permission. The adaptation right could be infringed if the framed work is an unauthorized derivative work of the linked page. The public distribution, display and performance rights could also be infringed because the linking site in an unauthorized manner has altered the distribution, display or performance of the linked site's content by framing that content.
TotalNews may have been most at risk with regard to potential copyright infringement liability for its creation of a derivative work that distorted and altered the way in which users viewed the news organizations' content in the following manner: (1) The TotalNews frame did not display the entire news organizations' computer screen as would have been the case if that screen had been accessed directly and not through the TotalNews Web page by the user, (2) the TotalNews frame surrounded the news organizations' content with TotalNews' own advertising and logo and (3) the Total News URL and not the news organizations was retained in the browser address field when the news organizations content was displayed on the TotalNews page.
Violation of advertising laws; deceptive practices; and unfair competition.
The news organizations claimed that the TotalNews 's site was "likely to cause and [had] caused consumers mistakenly to believe that ... [TotalNews had] an affiliation with [the news organizations], or [was] sponsored or approved of by [the news organizations], or [was] otherwise associated with or [had] obtained permission from [the news organizations]."
Tortious interference with business relationships.
The news organizations claimed that the [TotalNews'] site "made [the news organizations] performance of their advertising contracts more burdensome and . . . interfered with the benefits that [the news organizations'] advertisers bargained for when they purchased space on [the news organizations'] sites."
The TotalNews lawsuit was settled and the terms of the settlement provided, among other things, that TotalNews would stop framing the news organizations' Web sites, and that TotalNews would only link to the news organizations' sites with permission.
GUIDELINES FOR FRAMING
Framing is a very powerful Internet technology but its use must be carefully evaluated especially when that use involves displaying the content from another Web site. Many of the legal issues that were raised in the TotalNews case are still unsettled and therefore legal guidelines as they relate to framing have not as yet been established. Therefore, if you intend to use framing technology on your Web site you should evaluate its use and you may want to take the following precautions.
Do not frame a linked page within your Web sites advertising.
Obtain permission to frame the content from another Web site on your Web site.
Be careful about using your URL in the address portion of the browser if the content that is being displayed is from another Web site.
http://www.publaw.com/legal.html
Internet Legal Issues: SPAM
What is "spam"? The term spam was first used in the early 1990s to describe e-mail messages, not related to the topic of discussion and postings that swamped newsgroups. Spam is frequently described as e-mail that is sent in bulk; flooding the Internet with copies of the same message and forcing these unwanted messages on Internet users who might otherwise have chosen not to receive them.
Most spam is commercial advertising and in some ways is analogous to "junk mail" people receive through the postal system. One of the reasons that spam has achieved such infamous notoriety is that it has often been used for advertising "dubious products, get-rich-quick schemes, or quasi-legal services". Spammers target both newsgroups, by mass mailing the spam simultaneously to multiple newsgroups and individual users with direct mail messages.
Anti-spammers contend that spam is much more than just a nuisance or inconvenience to the message recipients in that it places physical as well as financial burdens on the Internet system and Internet service providers. This is because spam costs very little for the spammer to send while most of the costs, such as transmission costs and measured telephone service, are paid for by the carriers and recipients of the messages.
Does spam mean only "Specifically Persecuted Advertising Mail" or instead can it also mean "Selective Promotion Advertising Mail". Should all commercial non-solicited e-mail advertising be condemned and restricted because the authorities deem it to be spam? Will it be considered spam when a publisher does an unsolicited e-mail advertising of its new book, entitled 101 Ways To Achieve Physical Fitness After Your Heart Attack, to the e-mail addresses of people who have recently suffered a heart attack?
Federal legislation controlling spam appears to be imminent even though Congress has not as yet been successful in passing such legislation. Meanwhile, several states, including California, Virginia and Washington have enacted legislation (i) making it illegal to falsify the subject headers of messages or to use false return addresses or domain names, (ii) limiting spam by restricting that such messages may only be sent to those with whom the sender has had a prior business relationship and prohibiting these messages from being sent to anyone who has not consented to such mailings and (iii) requiring that all these messages include the term "ADV" in the subject line and that the message contain either an 800 telephone number or e-mail address for the recipient to contact if he/she wants to be removed from the mailing list.
The challenge for any new federal or state legislation is in walking that fine line between being too strict or too lenient in controlling spam and in striking a proper balance between those who do not want any laws restricting the Internet and those who believe that all illicit practices on the Internet must be banned.
Is Spam Bad or is it Free Speech?
There are many reasons why anti-spammers believe that spam mailings are "bad". These reasons include the following:
Spam provides a "free ride" to the spammer in that the spammer's costs are relatively small as compared to the costs to the Internet system and recipient.
The burden and cost placed on the recipient resulting from the increasing volume of spam messages that are received on a daily basis. Some have even conjectured that if spam volume continues to increase that it will swamp our mailboxes and make it more difficult for the recipient to identify his/her "real" mail.
The problems associated with removing oneself from receiving unwanted spam that have been compounded by the increase in the quantity of spam. Those opposed to spam contend that why should any recipient of spam encounter the bother and nuisance in removing their address from a mailing list.
Spammers are dishonest in that the spam messages they send out only advertise "stuff that's worthless, deceptive, and partly or entirely fraudulent". Furthermore, the spam message usually states that the recipient can remove his/her name on request, however, the likelihood of doing this is not very high, since the spammer frequently places a false return address on the message so that they do not incur any cost of receiving responses.
Spammers use without payment or misuse resources that do not belong to them. This occurs when the spam is sent through intermediate systems in order to avoid the blocks that many systems have placed against mail coming directly from a spammers' system. When this occurs the intermediate systems' networks and disks become burdened with unwanted spam that makes use of resources that the spammer has not paid for. Furthermore, it often subjects the intermediate system to complaints from recipients of the spam who have erroneously concluded that because the intermediate system delivered the spam that they did so because of a business relationship with the spammer.
Another technique that has been used by spammers is that of obtaining trial accounts at Internet service providers. The spammer then disregards the account's usage terms by sending spam before abandoning the account. This then forces the provider to expend time and effort to cleanup the situation and/or monitor more carefully their trial accounts.
Particular types of spam, such as child pornography and anti-Semitism, may be illegal in the United States or foreign countries.
Any or all of these reasons lend credence to the belief that "spam is bad", but are these reasons sufficient for prohibiting all unsolicited commercial or non-commercial advertising?
Do we Need to Prohibit or Restrict Spam?
Even if one assumes that spam is bad, there are many countervailing issues that must be analyzed with respect to any legislation that prohibits or restricts spam. These countervailing issues include the following:
There are valid First Amendment concerns involved when it comes to restricting e-mail even if such an e-mail message is part of a bulk spam mailing. Civil liberties advocates say there are constitutional issues to consider that could trickle down to other types of speech over the Internet. Some argue that the legislation has to be more specific in that some of the current or proposed legislation does not truly limit itself to only "commercial e-mail".
Federal and state consumer protection laws already exist to protect the consumer from fraudulent and deceptive advertising. The Federal Trade Commission already has the authority to go after those who send false and deceptive e-mail messages and is currently doing so.
Federal and state legislation already exists as it relates to pornography and child pornography although some modification to such legislation may be required so Internet users have some protection from receiving pornographic materials via spam.
Conclusion
In the final analysis the issue becomes one of restriction and control of spam versus free speech. Throughout our country's history free speech has been controlled when it inflicts harm upon others. During such instances federal and state legislation has usually been narrowly tailored to provide protection without unduly interfering with the right to express oneself. Junk mail legislation permits the recipient to stop future deliveries of unwanted mail. The Internet is our newest "mail delivery system" and now requires answers to such older problems including fraudulent and deceptive advertising, advertising for illegal products and services and receipt of unwanted advertising. Some of these problems may be solved by existing legislation or by modifying such legislation. If new legislation is really necessary it must be drafted very narrowly and unambiguously so that it protects all our rights and interests.
Therefore, I once again must ask. Will current or future laws deem it to be spam when a publisher advertises its new book, 101 Ways To Achieve Physical Fitness After Your Heart Attack, to e-mail addresses of people who have recently suffered a heart attack but who have not had a prior business relationship with the publisher or given the publisher permission to mail them unsolicited e-mail? Will the publisher who does such a mailing be prosecuted for e-mailing this advertisement? The answer could be yes.
http://www.publaw.com/legal.html
World's most notorious cybersquatter arrested
John Zuccarini finally brought down by Feds
The world's most notorious cybersquatter, John Zuccarini, has been arrested in Florida and will be prosecuted under new legislation aimed at protecting children online.
Zuccarini, who has made millions every year since the early days of the Internet by registering lucrative domains, was arrested by Feds just after dawn in his motel room.
The authorities believe he may have living there for months but the arrest is a coup for the agents who have been looking for Zuccarini since April. It will also put a smile on the face of the government and FTC who have both been trying to shut him down for several years.
The other great advantage for the US government is that the first usage of a controversial new act passed earlier this year will concern someone who has flagrantly disregarded the law for years.
John Zuccarini is without a doubt the biggest cybersquatter on the Internet. He was one of the very first people to register companies' and famous people's name and then use it to either extort money out of people or profit by pointing them at other sites that pay him a small fee for every referral.
But as time has gone on and new laws have been introduced, Zuccarini has been forced to adapt. It was no longer possible to buy a domain with the sole purpose of selling it to a company with the same name at a healthy profit. So he kept the domains himself and either redirected them for a fee or took money for pop-up ads. Often both.
When it became increasingly difficult to register domains of actual companies or people, he immediately leapt into so-called "typo-squatting" - where a domain is chosen that is almost identical to a well-known site but with letters transposed or missing. Again, heading to that site saw a multitude of ads pop up. Due to increasing social unacceptance of the practice, the ads tended to be for gambling or porn sites.
Once the US government introduced another set of laws aimed at stopping and fining people like Zuccarini (in fact, it could be argued that the laws were written specifically for Zuccarini), the gambling industry dropped out, leaving just the adult industry to fund Zuccarini's investment in thousands of domains.
And he's done well. Making between 10 and 25 cents per ad or referral, Zuccarini has been making around $1 million a year from his domains. And the huge sums of money have meant that he continues to do it despite numerous lost cases and fines.
He has been through the ICANN domain arbitration system 97 times involving several hundred domain names. He has lost virtually every one. He has been sued 63 times and has lost 53 and counting.
Fellow cybersquatter, Jeff Burgar, is noted for his courage in fighting the system, arguing his case admirably and exposing the shady goings-on behind the scenes that give companies and famous people ownership of domains without real justification.
John Zuccarini has however been the archetypal cybersquatter - utterly without justification other than to make as much money as possible by deceiving people. He never bothers to defend his domains but simply moves on to the next site.
The Feds have been pulling their hair out trying to stop him. It has a dedicated webpage to the man and took the unusual step of releasing a press release expressly stating it was going after him.
In October 2000, a government-brought case fined him $500,000 plus $30,000 in lawyers' fees. In June 2001, it did the same again. He was fined $50,000 plus $40,000 in lawyers' fees. But still he continued. In May 2002, it really went for him. He was fined an incredible $1.9 million and a court order was placed against him that banned him from redirecting people on the Internet or opening up new Web windows without getting their permission. He was also ordered to open his books to the FTC.
As no doubt one Fed said to another recently: "I don't think he's got the message." And so when a new bill called the PROTECT Act, known commonly as the "Amber Alert" Act, went through with a little-noticed addition called "Truth in Domain Names", time was finally up for John Zuccarini.
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act was passed by the House of Representatives in April this year by 400 to 25 and then approved in the Senate by 98 to 0. The president signed it.
The "truth in domain names" provision makes it illegal to use a "misleading domain name" in order to deceive someone into viewing obscenity or a child into viewing "material that is harmful to minors". The terms are tough - up to two years in jail for an adult and up to four years if the domain is intended to attract kids. The person can also be fined up to $250,000.
The problem is that the Act is on some very shaky territory. What is a "misleading" domain? Who decides what is "obscene"? What constitutes "harmful to minors"? The vast majority of pop-up ads and front pages of porn sites are relatively clean. To see something obscene, you need to click through to a different page - but can someone really be held responsible for another's actions?
What about many of the sites that Zuccarini has linked to that have a prominent warning saying "If you are under 18, do not enter"? Of course kids do enter, but can you hold someone else responsible for that? If you can, it sets a very nasty precedent - suddenly someone else can be held responsible for you do. That way, madness lies. And of course there is the eternal First Amendment defence in the US.
Another part of the Act is also shaky - it extends to definition of child porn to including images that are "indistinguishable from" kids in sexual positions, even if no kids are involved. Everyone agrees that child porn is repulsive but there is a strong whiff of thought police here that is almost certain to be questioned in court.
In fact, the US Supreme Court overturned an almost identical clause in the Child Pornography and Prevention Act of 1996, which tried to expand child pornography to include images that "appear to be" kids.
The Supreme Court decided that it was unlawful as it "prohibits speech despite its serious literary, artistic, political, or scientific value". For example, Romeo and Juliet, Lolita and recent hit American Beauty would all be banned.
But with Zuccarini the lawmakers have the perfect test case that will at least give the new PROTEST Act one prosecution. He will be completely without remorse and yes it is hard to justify setting up domain names almost identical to Disneyland or Britney Spears with the full knowledge that they will link to porn sites.
Zuccarini is no friend to the authorities, no friend to kids, and no friend to those who are fighting against corporate and governmental interests to keep the Internet as democratic as possible. ®
http://www.theregister.co.uk/2003/09/04/worlds_most_notorious_cybersquatter_arrested/
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Divorce Mediation: Gentle Alternative to a Bitter Process
Rabbi Adam Berner
"Family values" is a buzzword these days. We read about it in the newspapers and hear about it in political speeches and debates. From a Torah perspective, we applaud the espousal of these social values and national policies as they represent a return to our own traditional values. Judaism has always preached that the fate of the community is tied up in the fate of the family.
Despite these values, as Jews living in this century, we also share unfortunate social problems with our American society. The prevalence of divorce in our community is one such problem. Divorce, which causes even the altar in the Holy Temple to shed tears (Gittin 90b), is an unfortunate and disruptive event not only for the individuals involved, but also for their friends, families and community. Still, if divorce is the inescapable route that a couple must take, the Torah recognizes this reality and prescribes how to deal with it.
But beyond the event of divorce itself, our community must address a related societal concern -- the bitter, hostile and destructive consequences which may result when a husband and wife separate and end their marriage. Whether adjudicating their divorce through civil court or through a beit din (Jewish court), all too often it is done with one spouse pitted against the other, as adversaries. The repercussions of this adversarial attitude cannot be overstated. It is destructive to the couple themselves, their children and to everyone around them.
The Conventional Divorce: An Adversarial Process
A look at the conventional method for obtaining a civil divorce reveals a general attitude of conflict and competition. Why do the friends of a spouse who is contemplating divorce encourage their friend to seek a "shark" for an attorney so that (s)he can soak the other spouse for all (s)he is worth? Why must one spouse be compelled to prove that the other spouse is an "unfit" parent so that (s)he does not "lose" the children? Why do the civil courts refer to one spouse as "plaintiff" and the other as "defendant"? These strategies and this nomenclature accurately demonstrate that in our surrounding society, an adversarial nature (plaintiff versus defendant) is inherent to the process of divorce.
This is not the Jewish approach. From a Torah perspective, an ex-spouse is not a categorical exception to the Biblical commandment of loving thy neighbor. Love and the pursuit of peace is mandated even for those in the midst of conflict. Our Sages teach us that Truth1, Justice2, and even God's Name3 are compromised for the purpose of establishing Shalom. Indeed, for a Jewish family, just because there is not one bayis, does not mean there should not be Shalom.
But is there an alternative? Can there still be a place for family values, or better yet, Jewish values within the divorce process? Reiterating the query of Rabbi Avrohom Pam shlita4 in a recent address calling for a civilized approach to gittin, "Why cannot the task of dissolving the marriage be approached with respect and humanity -- with menchlichkeit?"
A Better Alternative: Mediation
In fact, there is an alternative, a process steeped in family and Torah values. That alternative is a process called mediation. And despite a surge of popularity of mediation over the past decade, most divorcing couples and the community at large are simply unaware of mediation, or are uncertain as to how it can be helpful. To correct the most common misnomer, mediation is not marital counseling. Divorce mediation, rather, is for couples who have decided that separation or divorce is inevitable (hopefully, with the guidance of therapists and/or rabbis). Once that decision has been reached, mediation deals with the divorce, helping the couple and their children move on with their lives while avoiding all the unnecessary scars from that decision.
Divorce mediation is a family-centered process guided by a trained, neutral, third party who guides divorcing couples to work through the issues and decisions of a divorce within a collaborative framework. Instead of focusing on adversity and competition, mediation focuses on mutual problem-solving and the best interests of the entire family. Separate conflicts become joint concerns. Mediation thus challenges the methods and assumptions of the adversarial divorce process. It helps to dissolve a marriage by focusing on the future, not by getting stuck casting blame for the past. It seeks to resolve all the pending issues with communication and cooperation, not with adversity or animosity.
In an informal and safe environment, a mediator helps parties communicate and prioritize their needs and goals. One of the most difficult aspects for divorcing couples is the experience of disempowerment and frustration with the divorce process, which they do not understand and over which they have no control. In mediation, the parties retain control of the decisions that relate to their own lives and to the lives of their children. Mediators never make decisions. The most intimate details of one's future life are not left in the hands of strangers, be it a judge or lawyers battling out strategic positions. Rather, the mediator empowers the couple through the process, facilitating their negotiation towards their own informed and fair agreement, on their own terms, with their own values and priorities.
In mediation, parties work out all the legal issues necessary to finalize their separation or divorce, from parenting (custody and visitation) and support to property division and tax implications, in a faster and less costly process. But the benefits of mediation do not stop there. Informed of, but unrestricted by the narrow parameters imposed by the law, mediating parties can use the flexibility of the process to forge a creative agreement, tailored to the unique circumstances and needs of their own family. Not surprisingly, research has shown that compliance and satisfaction with mediated agreements is higher than those imposed upon divorcing couples by a third party, i.e. a judge.
In contrast to the conventional adversarial divorce, mediation views divorce as an ongoing emotional and family problem, not just a one-time legal problem. Divorce represents the dissolution of only one relationship, that of husband and wife. It does not and should not rupture the entire family, especially concerning relationships between parent and child. In mediation, divorcing parents are trained to develop the necessary skills for successful co-parenting required by their new family status.
As hostile as a couple may feel towards each other, through the help of the mediator, spouses learn to separate the issues and the negative energy they have between them and learn how to focus attention on the truly important matters -- on their children and on the decisions that have to be made for the future. The mediator acts as a guide, helping couples to restructure their family -- not dissolve it.
Mediation is not an isolated process, but one which seeks guidance from outside attorneys, therapists and rabbis to inform couples of their rights and responsibilities as parents and separating couples. One such right and responsibility which concerns the Jewish community is the get (Jewish bill of divorce). Mediation offers a fresh opportunity to alleviate potential problems with this concern by its orientation towards cooperation and communication. While mediation cannot solve the agunah problem, it can reduce the number of problems by directing couples away from an adversarial and hostile process. A potentially recalcitrant spouse will be less likely to take a hard-lined and unreasonable posture against the other. In mediation, a spouse is more likely to be influenced by the interdependent process, oriented towards collaboration and consideration.
Mediation as the Ideal Jewish Form of Conflict Resolution
From a Jewish perspective, both in a halachic and a philosophic sense, mediation is an ideal process of conflict resolution. Because mediation is not a formal judicial proceeding, it does not violate the Biblical prohibition for a Jew to engage in legal action in a non-Jewish court (archaot)5. In fact, by drafting a separation agreement in mediation, a couple seeking a civil divorce will never have to appear in a non-Jewish court, thereby entirely avoiding this Biblical prohibition.
Moreover, mediation is actually the preferred method of conflict resolution used by Jewish courts in a process called psharah (compromised settlement)6 , 7. The Torah mandates us "to do that which is right and good in the sight of the Lord."8 Rashi comments that this refers to psharah, looking beyond the letter of the law. In fact, the halachah establishes that it is a mitzvah to encourage disputing parties to pursue psharah over the adjudication and application of din (strict law)9. Capturing the essence of the benefits of mediation, the Talmud states that only psharah, not din, constitutes the ideal justice of mishpat shalom and mishpat tzedek -- judgment of peace and judgment of righteousness. No modern formulation has so elegantly expressed the uniqueness of mediation, in its ability to provide an integrated justice balancing the values of fairness, peacefulness and compassion.10
From as early as Cain and Abel, we learn that conflict is part of human nature. Chazal have instructed us concerning how to best deal with this nature. We are warned that "An argument is like an overflowing stream; the more it flows, the wider it spreads."11 The Vilna Gaon explains that attempting to stop an argument by arguing is the same as trying to wash one's face in one's filth. The more one washes, the more he sullies himself.12 During the divorce process, as in any conflict, adversity only breeds adversity. Barring extreme circumstances and individuals, parties should seek an alternative approach, one which foresees an end to the current turmoil. Mediation presents such an opportunity.
Shalom, as mentioned above, should be the prime objective in resolving disputes. The Torah is more concerned with restoring social harmony than with arbitrating legal issues. We are advised by Hillel to be of the students of Aaron, not only to love peace, but to pursue peace.13 Even if peace is not easy, even in the midst of disagreement, even if we may not love or like a person as we used to, peace should still be the goal to which to aspire and pursue.
Goals for Our Community
For divorcing couples, our community should encourage an alternative course to the one handed to us by the adversarial system. In the darkness of conflict and family transition, our guiding light should come from the tradition of family values and Jewish ethics.14 We must realize that Shalom, Mishpat and Tzedek, as goals in mediation and Jewish justice, demonstrate strength, not weakness. This strength produces stronger, wiser and more durable and meaningful resolutions of conflict. Our community should attempt to glorify these goals, not betray them. With the proper guidance of Chazal and with the help of family, friends and trained professionals, there is a way out of the snowballing turmoil of conflict with all of its potentially devastating consequences. Through the process of mediation, divorcing couples can regain respect, dignity and civility in their families, their homes and in their hearts.
Ref http://www.jlaw.com/Articles/berner.html
