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COMMUNET Home

COMMUNET Home

COMMUNET  April 1996, Week 3

COMMUNET April 1996, Week 3

Subject:

Dispute REsolutions

From:

"Brenda K. Royden" <[log in to unmask]>

Date:

Tue, 16 Apr 1996 14:13:14 +0700 (TST)

Content-Type:

TEXT/PLAIN

Parts/Attachments:

Parts/Attachments

TEXT/PLAIN (163 lines)


Thought this might be of interest to the group.


>PRESS RELEASE    PRESS RELEASE    PRESS RELEASE    PRESS RELEASE
>
>                      For Immediate Release
>
>         Virtual Magistrate Established for the Internet
>
>       Voluntary Dispute Resolution for Network Conflicts
>
>     A newly established Virtual Magistrate Project will assist
>in the rapid, initial resolution of computer network disputes.
>The specialized system of online arbitration and fact-finding was
>announced by Timothy C. Leixner, Chairman of the Board of the
>National Center for Automated Information Research (NCAIR) which
>is funding the pilot project.  The Fellows of the Cyberspace Law
>Institute helped in the development of the project.
>
>     "Millions of people around the world communicate and conduct
>business on computer networks," said Mr. Leixner in announcing
>the project.  "Disputes are inevitable, and existing courts can
>be too slow, too cumbersome, and too local to have global effect.
>We need to explore new forms of dispute resolution, provide
>timely relief, and develop appropriate sanctions that are
>suitable for worldwide computer networks.  That is the purpose of
>the Virtual Magistrate Project."
>
>     A pool of neutral arbitrators with experience in the law and
>in the use of computer networks will serve as the Virtual
>Magistrates.  The magistrates (who do not have to be lawyers)
>will be selected jointly by the American Arbitration Association
>and the Cyberspace Law Institute, and will undergo training in
>arbitration techniques.
>
>     Complaints will be accepted through either through
>electronic mail or through a form on the Virtual Magistrate's
>World Wide Web site.  Internet users, system operators, and
>others affected by network messages, postings, and files may be
>the source of complaints.  Initially, the Virtual Magistrate will
>decide whether it would be reasonable for a system operator to
>delete or otherwise restrict access to a challenged message,
>posting, or file.
>
>     Objections may be based on copyright or trademark
>infringement, misappropriation of trade secrets, defamation,
>fraud, deceptive trade practices, inappropriate (obscene, lewd,
>or otherwise violative of local system rules) materials, invasion
>of privacy, and other wrongful content.  At a later date, the
>Virtual Magistrate may accept complaints about other network-
>related activities.
>
>     The need for a fast and accessible resolution of disputes is
>highlighted by ongoing litigation involving Netcom On-Line
>Communications Services and the Church of Scientology.  The
>Church alleged that postings made by a Netcom user infringed on
>the Church's copyrights.  The case is before federal district
>court, and a lengthy proceeding is expected.  Arbitration though
>the Virtual Magistrate Project might have been able to offer an
>independent assessment of whether there was infringement.  Prompt
>identification of reasonable responses for system operators would
>clearly be beneficial to all.  Use of the Virtual Magistrate for
>immediate resolution of disputes would not preclude traditional
>litigation.
>
>     An impartial magistrate will be assigned to each complaint.
>Proceedings will normally take place through electronic mail.
>The goal is to reach a decision within 72 hours (three business
>days) whenever possible.  Information on cases decided by the
>Virtual Magistrate will be publicly available at a World Wide Web
>site maintained by the Villanova Center for Information Law and
>Policy at <http://vmag.law.vill.edu:8080/>.  Other documentation
>for the Project is available at the same Web site.
>
>     David Johnson, Co-Director of the Cyberspace Law Institute
>said:  "The Virtual Magistrate Project is not a solution to all
>network problems.  Some matters will inevitably end up in
>traditional courts.  If the Virtual Magistrate Project can
>contribute to the swift, inexpensive, and fair resolution of some
>disputes, then it will be a success."
>
>       Paul Evan Peters, Executive Director of the Coalition for
>Networked Information, a diverse partnership of over two hundred
>institutions and organizations promoting the scholarly and
>intellectually productive uses of the Internet commented:  "This
>project promises an extremely important and much needed
>alternative to legislation, contract negotiation, and litigation
>for addressing the uncertainties that we should all face together
>in the rapidly evolving networked resource and service
>environment."
>
>     The Virtual Magistrate Project is a pilot project.
>Adjustments to the rules and procedures will be made based on
>experience.  The Project will be evaluated by the participants at
>a conference to be convened by NCAIR and CLI in May 1996, and
>decisions will be made about finding a more permanent structure
>and funding.  NCAIR has made $75,000 available for the operation
>of the pilot.
>
>     NCAIR is a non-profit, educational corporation actively
>engaged in the study and application of technology to the to the
>legal and accounting professions since 1966.
>
>     The American Arbitration Association (AAA) is a
>public-service, not-for-profit organization offering a broad
>range of dispute resolution services to corporations, attorneys,
>insurers, individuals, trade associations, unions, consumers, and
>all levels of government.  AAA has been an international focal
>point for private dispute resolution since arbitration became an
>acceptable alternative to courts in the 1920s.
>     George Friedman, Senior Vice President of AAA said:  "Given
>the increasing inaccessibility of the court system and the
>explosive growth of online technology, it is quite appropriate
>that an effort would be made to develop a means of resolving
>disputes simply and quickly online.  The American Arbitration
>Association is delighted to be a founding partner of the Virtual
>Magistrate Project, which will undoubtedly pave new ground in
>advancing alternative dispute resolution."
>
>     The Villanova Center for Information Law and Policy will
>maintain a public online repository of Virtual Magistrate
>complaints, decisions, and documents.  The Villanova Center will
>also maintain electronic discussion groups for magistrates,
>participants, and other interested parties, and it will work
>jointly with AAA to prepare training materials.  The Villanova
>Center is at Villanova University School of Law, near
>Philadelphia.
>
>
>Contacts:
>          Virtual Magistrate Project, Robert Gellman, Executive
>     Director, 202-543-7923, [log in to unmask]
>
>          Cyberspace Law Institute, David R. Johnson, 202-496-
>     9523, [log in to unmask]; David Post, 202-364-5010,
>     [log in to unmask]
>
>          Villanova Center for Information Law and Policy, Henry
>     H. Perritt, Jr., Professor of Law, 610-519-7078,
>     [log in to unmask]
>
>          National Center for Automated Information Research:
>     Timothy C. Leixner, Chairman of the Board, 954-462-3300
>     [log in to unmask]
>
>          American Arbitration Association:  George Friedman,
>     Senior Vice President, 212-484-4120, [log in to unmask]
>
>
>Electronic Addresses for the Virtual Magistrate Project
>
>     VM Web Page:             http://vmag.law.vill.edu:8080/
>     AAA Web Page             http://www.adr.com
>     Complaints:              [log in to unmask]
>     Help:                    [log in to unmask]
>                              [log in to unmask]
>     VM Operations:           [log in to unmask]
>                              [log in to unmask]
>     AAA Administrator:       [log in to unmask]
>     VM Executive Director:   [log in to unmask]
>

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