An exploration of the risks and benefits of AI, particular regarding privacy.

After some introductory remarks on the German legal system and German legal politics, the main forms of datanet crime on the Internet are sketched. After that, one of the most important Internet-cases of the last decade, the CompuServe case, is discussed in some detail. One of the main problems of datanet crime is its global reach. The world-spanning nature of the cyberspace significantly enlarges the ability of offenders to commit crimes that will affect people in a variety of (...) other countries. On the other hand, the jurisdiction of national criminal law cannot be expanded at will by any single nation. A transnational criminal law for the Internet is possible but should be restricted to the defence of universally (or nearly universally) accepted interests and values. In effect, it seems that the problems of computer-related crime on the Internet cannot be solved by criminal law alone. (shrink)

The article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to (...) contradict or confirm the data of the 2002 study. Section IV compares what we have done with the one other jurisprudential argument made by Summer 2005. Section V discusses why, despite the evidence and the arguments, these sting operations are popular with prosecutors and the public alike. Section VI comments on why my empirical study dating to 2002 does not appear to have gained wide acceptance, and what, if anything, can be said about this. -/- Note: The unusual length (for me) of the article is justified by its being data-driven. (shrink)

Software agents extend the current, information-based Internet to include autonomous mobile processing. In most countries such processes, i.e., software agents are, however, without an explicit legal status. Many of the legal implications of their actions (e.g., gathering information, negotiating terms, performing transactions) are not well understood. One important characteristic of mobile software agents is that they roam the Internet: they often run on agent platforms of others. There often is no pre-existing relation between the owner of a running (...) agents process and the owner of the agent platform on which an agent process runs. When conflicts arise, the position of the agent platform administrator is not clear: is he or she allowed to slow down the process or possibly remove it from the system? Can the interests of the user of the agent be protected? This article explores legal and technical perspectives in protecting the integrity and availability of software agents and agent platforms. (shrink)

This paper examines what role the law can and should play with regard to unreliable information available on fast communication networks, such as the Internet. Users of electronic information find it increasingly difficult to assess its reliability. The traditional structures for assessing reliability are lacking or function inadequately. Clear social norms have not yet been developed. As regards the law, traditionally liability law is the first legal guard against undesirable societal developments. We conclude however, that liability law is an (...) inadequate remedy for unreliable information. Self‐regulatory initiatives such as trust mark seals for websites providing reliable information offer a more promising perspective, although these also have their limitations, especially in the sphere of enforcement and legitimacy. In this paper, self‐regulation is nonetheless hailed as an important instrument because it provides an indispensable test‐bed for more concrete legal norms derived from reliability criteria for information. Even if self‐regulation may not completely materialise, discussion about self‐regulation could be a stepping stone to the development of pertinent social norms. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will (...) emerge the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

After describing the Child Pornography Prevention Act (CPPA) of 1996, I argue that the Act ought to be significantly amended. The central objections to CPPA are (1) that it is so broad in its main proscriptions as to violate the First Amendment rights of adults; (2) that it altogether fails to provide minors and their legal guardians with the privacy rights needed to combat the harms associated with certain classes of prurient material on the Internet; and, (3) that the (...) actual rate of technological advance in home computing, and Congress' failure to appreciate how prurient material may be accessed, combined with CPPA to wrongfully expose an increasing number of individuals to possible prosecution and personal ruination. Several other objections are registered along the way, including one aimed at the draconian punishments the law metes out to violators. I close by offering the outlines of an amended version of the law that promises not to violate the rights of adults, that affords children and adults equal and effective protection against the very harmful practices the current law cannot eradicate, and that prescribes punishments that are consistent with the tolerance necessary to support a more democratic vision of the Internet. (shrink)

Ancient Egyptian Wisdom for the Internet demonstrates that the legal philosophy and knowledge of ancient civilizations are of great value in helping us deal with the Internet. Through a challenging exploration of ancient legal knowledge this book offers new perspective on how to deal with, and best profit from the Internet.

This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries (...) is, morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism. (shrink)

Internet of Things, Internet of Everything and Internet of People are concepts suggesting that objects, devices, and people will be increasingly interconnected through digital infrastructure that will generate a growing gathering of data. Parallel to this development is the celebration of the smart city and sharing city as urban policy visions that by relying heavily on new technologies bear the promise of efficient and thriving cities. Law and policy scholarship have either focused on questions related to privacy, (...) discrimination, security, or issues related to the production and use of big data, digital public services. Little or no attention has been paid to the disruptive impact of technological development on urban governance and city inhabitants’ rights of equal access, participation, management and even ownership, in order to understand whether and how technology can also enhance the protection of human rights and social justice in the city. This Article proposes complementing the technological and digital infrastructure with a legal and governance infrastructure, the Internet of Humans, by construing and injecting in the policy framework of the city the principle of Tech Justice. Building on a literature review and from an analysis of selected case studies, this Article stresses the dichotomy existing between the market-based and the society-based applications of technology, the first likely to increase the digital divide and the challenges to human rights in the city, the latter bearing the promise to promote equal access to technology in the city. The main argument advanced by this Article is that the principle of Tech Justice if embedded as an empirical dimension of smart city and sharing city policies can steer their developments in the direction of a more just and democratic city. (shrink)

Questions regarding the moral responsibility of Internet accessand service providers relating to information on the Internetcall for a reassessment of the ways in which we think aboutattributing blame, guilt, and duties of reparation andcompensation. They invite us to borrow something similar to theidea of strict liability from the legal sphere and to introduceit in morality and ethical theory. Taking such a category in thedistribution of responsibilities outside the domain of law andintroducing it into ethics, however, is a difficult thing. (...) Doingso seems to conflict with some broadly shared and deeply feltintuitions regarding the individuality of responsibility and therelationship between responsibility and guilt. These convictionscoincide with some basic ideas in Kantian moral theory and theascriptive theory based on these ideas. Nevertheless, theproblems to which the proposed liabilities / responsibilitiesrelate are so serious that they do not seem to leave room foraloofness. At least, they encourage us to reconsider the idea ofstrict liability carefully and to assess its merits. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas' discourse-theoretical reconstruction of democracy, it examines one of the world's largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might (...) yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a 'virtual' legitimacy crisis. (shrink)

Industry analysts estimate that Internet pharmacies will generate $1.4 billion in prescription drug sales by 2001 and over $15 billion by 2004. The recent rush by traditional brick and mortar pharmacies either to partner with existing Internet pharmacies or to create their own web counterparts illustrates the increasing importance of business on the Internet. Last summer, retail pharmacy giant CVS acquired the Internet pharmacy soma.com and changed its name to reflect the new ownership. Early this year, (...) in another key industry move, Walgreen's launched an upgraded, full-service Internet pharmacy in order to compete more successfully in the pharmacy industry. (shrink)

Industry analysts estimate that Internet pharmacies will generate $1.4 billion in prescription drug sales by 2001 and over $15 billion by 2004. The recent rush by traditional brick and mortar pharmacies either to partner with existing Internet pharmacies or to create their own web counterparts illustrates the increasing importance of business on the Internet. Last summer, retail pharmacy giant CVS acquired the Internet pharmacy soma.com and changed its name to reflect the new ownership. Early this year, (...) in another key industry move, Walgreen's launched an upgraded, full-service Internet pharmacy in order to compete more successfully in the pharmacy industry. (shrink)

If code is law then standards bodies are governments. This flawed but powerful metaphor suggests the need to examine more closely those standards bodies that are defining standards for the Internet. In this paper we examine the International Telecommunications Union, the Institute for Electrical and Electronics Engineers Standards Association, the Internet Engineering Task Force, and the World Wide Web Consortium. We compare the organizations on the basis of participation, transparency, authority, openness, security and interoperability. We conclude that the (...) IETF and the W3C are becoming increasingly similar. We also conclude that the classical distinction between standards and implementations is decreasingly useful as standards are embodies in code – itself a form of speech or documentation. Recent Internet standards bodies have flourished in part by discarding or modifying the implementation/standards distinction. We illustrate that no single model is superior on all dimensions. The IETF is not effectively scaling, struggling with its explosive growth with the creation of thousands of working groups. The IETF coordinating body, the Internet Society, addressed growth by reorganization that removed democratic oversight. The W3C, initially the most closed, is becoming responsive to criticism and now includes open code participants. The IEEE SA and ITU have institutional controls appropriate for hardware but too constraining for code. Each organization has much to learn from the others. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...) the growth of e-commerce. (shrink)

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government’s rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them (...) of moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. (shrink)

This essay proposes a way of dealing with the strict liability of Internet sellers of other manufacturers’ products, such as Amazon under its ‘Fulfillment by Amazon’ program. I discuss and reject two approaches to the problem that have been proposed by the courts, and advance a view according to which the relevant inquiry is whether Internet intermediaries such as Amazon could have prevented a defective product from reaching the US market. This view accounts in a satisfactory manner for (...) the notion of responsibility that is at the core of US strict products liability law, and avoids the pitfalls of alternative policies. However, since this view also entails a de facto quasi-immunity to lawsuits for Internet intermediaries in many cases, safeguards to that quasi-immunity are also addressed. While the essay focuses on US law, the principles and policies under discussion should be applicable in other jurisdictions as well. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good (...) place. My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

Law and Ethics: For Health Professions explains how to navigate the numerous legal and ethical issues that health care professionals face every day. Topics are based upon real-world scenarios and dilemmas from a variety of health care practitioners. Through the presentation of Learning Outcomes, Key Terms, From the Perspective of..., Ethics Issues, Chapter Reviews, Case Studies, Internet Activities, Court Cases, and Videos, students learn about current legal and ethical problems and situations. In the ninth edition, material has been revised (...) to reflect the current health care environment. As students progress through the text, they will get the opportunity to use critical thinking skills to learn how to resolve real-life situations and theoretical scenarios and to decide how legal and ethical issues are relevant to the health care profession in which they will practice. (shrink)

Controlling access to the Internet by means of filtering softwarehas become a growth industry in the U.S. and elsewhere. Its usehas increased as the mandatory response to the current plagues ofsociety, namely, pornography, violence, hate, and in general,anything seen to be unpleasant or threatening. Also of potentialconcern is the possible limitation of access to Web sites thatdiscuss drugs, without distinguishing advocacy from scientificand informed analysis of addiction. With the rise of an effectivecreationist movement dedicated to the elimination of evolutionarytheory (...) in the curriculum, it is to be expected that attempts willbe made to limit access to sites presenting such theories, incertain jurisdictions in the U.S. The current preferred method ofchoice to limit access is to filter content either by blockingaccess to specific Web sites, referred to by their URLs, or byusing a large set of keywords to prevent accessing sites thatcontain one or more of these words. Another more insidious schemeis to encourage or even require every Web site to rate itscontent along a number of dimensions, including violence,language, sexual explicitness, and nudity. Then individualbrowsers can be programmed to return references only to thosesites that fall below a pre-specified profile. The dangers forfree speech inherent in such schemes will be discussed. Effortsto produce legislation in the U.S. to mandate the use offiltering or rating programs will be described, as will somerecent court decisions involving their use in libraries. (shrink)

We investigate the entrepreneurial opportunities and ethical dilemmas presented by technological turbulence. More specifically we investigate the line between Baumol’s [J. Polit. Econ. 98 (1990) 893] productive (e.g. innovation), unproductive (e.g. rent seeking) and destructive (e.g. criminal) entrepreneurship through three examples of Internet innovation – spam (destructive), music file sharing (unproductive), and Internet pharmacies (potentially productive). The emergence of accessible Internet technologies, under present norms, has created the potential for all three entrepreneurial activities. Because of the propensity (...) for self-serving biases and for bending the rules, the need for creativity in overcoming obstacles and overall liabilities of newness, entrepreneurs are likely to challenge established industrial morals and laws. Unlike new entrants, incumbents must abide by the currently accepted norms, and thus suffer from “liabilities of oldness”. The challenge for new entrants is to change sociopolitical legitimacy, whereas incumbents need to defend the established norms. We discuss competitive and other issues that result from technological turbulence and innovation. (shrink)

In the United States at this time, no uniform federal law exists regarding commercial surrogacy, and state statutory schemes vary vastly, ranging from criminalization to legal recognition with contract enforcement. The authors examine how commercial surrogacy agencies utilize the Internet as a means for attracting parents and surrogates by employing emotional cultural rhetoric. By inducing both parents and surrogates to their jurisdiction, agencies circumvent vast discrepancies in state statutory regulative schemes and create a distinct interstate business, absent an efficient (...) regulatory framework or legal recourse in some circumstances. The authors propose a uniform federal regulatory scheme premised upon regulating interstate business transactions to create accountability and legal remedies for both the parents and the surrogate. (shrink)

In the late 1990s, the Internet seemed a perfect medium for business: a facilitator of unlimited economical propositions to people without any regulatory limitations. Cases such as that of Yahoo! mark the beginning of the end of that illusion. They demonstrate that Internet service providers (ISPs) have to respect domestic state legislation in order to avoid legal risks. Yahoo! was wrong to ignore French national laws and the plea to remove Nazi memorabilia from its auction site. Its legal (...) struggle proved futile and may have harmed its business. This essay argues for the adoption of standards of corporate social responsibility (CSR). CSR considerations may trump some forms of antisocial, highly offensive expression. (shrink)

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government's rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them (...) of moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. (shrink)

The cyber domain is one of the newest and most rapidly evolving fields of knowledge which has led to the development of a new area of law—cyber law, that regulates the use of the Internet and activities performed over the Internet and other networks. The cyber domain is particularly dynamic: new concepts are constantly developed and need new terminological designations, which in turn need new counterparts in other languages. Formation of these designations and their counterparts often raises terminological (...) issues that are important to deal with in order to develop a coherent system of the cyber domain terms. The given paper focuses on the terminology that includes the lexical item cyber which may be considered as the main signifier of the cyber domain indicating its specific nature. The aim of the paper is threefold: to analyse the origin and development of the lexical item cyber, to investigate conceptual categories of the EU legislation terminology that includes the lexical item cyber and to establish the Lithuanian counterparts that are used for translation of the lexical item cyber in the Lithuanian equivalents of the English terms. For the purposes of the study, the ad hoc English and Lithuanian corpora of the EU legislative documents were compiled. Corpus-driven methodology was used to extract and investigate the terminology used in the corpora. The results of the research are believed to provide useful information to learners and teachers of the legal language and legal translation, as well as drafters of legislative and administrative documents and other professionals engaged in cybersecurity matters. (shrink)

How and Why Groups Polarize Polarization and Democracy Deliberative Trouble Notes.

A primer on legal issues relating to cyberspace, this textbook introduces business, policy and ethical considerations raised by our use of information technology. With a focus on the most significant issues impacting internet users and businesses in the United States of America, the book provides coverage of key topics such as social media, online privacy, artificial intelligence, and cybercrime as well as emerging themes such as doxing, ransomware, revenge porn, data-mining, e-sports and fake news. The authors, experienced in journalism, (...) technology and legal practice, provide readers with expert insights into the nuts and bolts of cyber law. Cyber Law and Ethics: Regulation of the Connected World provides a practical presentation of legal principles, and the book is essential reading for non-specialist students dealing with the intersection of the internet and the law. (shrink)

Individuals with high risk of internet gaming disorder showed abnormal psychological performances in response inhibition, impulse control, and emotion regulation, and are considered the high-risk stage of internet gaming disorder. The identification of this population mainly relies on clinical scales, which are less accurate. This study aimed to explore whether these performances have highly accurate for discriminating HIGD from low-risk ones. Eye tracking based anti-saccade task, Barratt impulsiveness scale, and Wong and Law emotional intelligence scale were used to (...) evaluate psychological performances in 57 individuals with HIGD and 52 matched low risk of internet gaming disorder. HIGD group showed significantly increased BIS total, attention, motor, and non-planning scores, but significantly decreased WLEIS emotion regulation score and correct rate of eye tracking anti-saccade task compared with LIGD group. BIS total score was negatively correlated with the WLEIS total and WLEIS emotion regulation scores. A combination of the WLEIS emotion regulation score and the correct rate of anti-saccade task could discriminate HIGD from LIGD with 91.23% sensitivity, 82.69% specificity, and 87.16% accuracy. Participants with higher gaming hours daily were 40 times more likely to be high risk than their counterparts. Hence, psychological performances were worse in HIGD. A combination of abnormal emotion regulation and response inhibition might be a potential marker to identify HIGD individuals. (shrink)

Unlike the Internet community had expected electronic commerce does not lead to an anarchic dissolution of law. In the context of electronic trade, problems arising between users and providers can be solved, for instance by applying traditional principles of contract law. And yet, the legal dispute of Internet related facts and circumstances gives rise to a number of interesting topoi. Even though these subjects have already been considered in the past , they only now show their specific explosive (...) effect and diversity in the face of the electronic commerce. (shrink)

Privacy concerns involving data mining are examined in terms of four questions: What exactly is data mining? How does data mining raise concerns for personal privacy? How do privacy concerns raised by data mining differ from those concerns introduced by traditional information-retrieval techniques in computer databases? How do privacy concerns raised by mining personal data from the Internet differ from those concerns introduced by mining such data from data warehouses? It is argued that the practice of using data-mining techniques, (...) whether on the Internet or in data warehouses, to gain information about persons raises privacy concerns that go beyond concerns introduced in traditional information-retrieval techniques in computer databases and are not covered by present data-protection guidelines and privacy laws. (shrink)

Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (...) as well as courses in which communicative skills are an integral constituent for their successful completion. The article goal is to find a place and role of a Legal English course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities. The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies. A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards. (shrink)

Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as “Law and Social Norms” have much less difficulty in analysing the newly arising forms of private and hybrid “governance without government” from a functional perspective. While legal theory has much to learn from these approaches, we (...) argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to “law's own rationality.” We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for “legalisation” and “constitutionalisation.” As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria, and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between (...) pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech. (shrink)

Internet-based health research is increasing, and often offers financial incentives but fraudulent behavior by participants can result. Specifically, eligible or ineligible individuals may enter the study multiple times and receive undeserved financial compensation. We review past experiences and approaches to this problem and propose several new strategies. Researchers can detect and prevent Internet research fraud in four broad ways: through the questionnaire/instrument ; through participants' non-questionnaire data and seeking external validation through computer information,, and 4) through study design. (...) These approaches each have pros and cons, and raise ethical, legal, and logistical questions, given that ethical tensions can emerge between preserving the integrity of research vs. protecting the privacy and confidentiality of study respondents. While past discussions concerning the ethics of online research have tended to focus on the participants' ability to trust the researchers, needs now arise to examine researchers' abilities to trust the participants. This analysis has several critical implications for future practice, policy, and research. (shrink)

Jean Godefroy Bidima's La Palabre examines the traditional African institution of palaver as a way to create dialogue and open exchange in an effort to resolve conflict and promote democracy. In the wake of South Africa's Truth and Reconciliation Commissions and the gacaca courts in Rwanda, Bidima offers a compelling model of how to develop an African public space where dialogue can combat misunderstanding. This volume, which includes other essays on legal processes, cultural diversity, memory, and the internet in (...) Africa, offers English-speaking readers the opportunity to become acquainted with a highly original and important postcolonial thinker. (shrink)

The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of exploitation. The Act (...) instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. 409 Ariane Cruz Beyond Black and Blue: BDSM, Internet Pornography, and Black Female Sexuality I have been the meaning of rape I have been the problem everyone seeks to eliminate by forced penetration with or without the evidence of slime and/ but let this be unmistakable in this poem is not consent I do not consent —June (...) Jordan, Poem about My Rights Introduction: The Evidence of Slime Slavery, itself a kind of “slime,” remains an active marketplace for the production of Black female sexuality and its representations.1 The impact of chattel slavery and the pervasive rape of Black female slaves on modern 1. In using the term “Black women,” I am referring to African American women for whom the history of chattel slavery in the Americas has produced the socio-historical conditions that uniquely inform Black female subjectivity and sexual politics. My use of this term is not to essentialize Black American womanhood; rather, like Black feminist scholar Patricia Hill Collins, I use the term to gesture to a Black women’s standpoint influenced by the condition and experience of gendered and racialized abjection, a “common experience of being Black women in a society that denigrates women of African descent.” Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment (London: Routledge, 1990), 22. In this essay, I focus on Black women who practice BDSM, a small but nonetheless heterogeneous group of women in the already-marginalized larger kink community. 410 Ariane Cruz constructions and representations of Black women has been well theorized, in particular by a number of Black feminist scholars who have worked to rupture what Darlene Clark Hine terms the “culture of dissemblance,” the politics of silence shrouding expressions of Black female sexuality.2 While the antebellum legacy of sexual violence on Black women is substantive, what has not been effectively considered is how Black women deliberately employ the shadows of slavery in the deliverance and/or receiving of sexual pleasure. That is, how the “slime”—a staining sludge of pain and violence—becomes a type of lubricant to stimulate sexual fantasies, access sexual pleasure, and heighten sexual desire. In this paper, I explore how Black women facilitate a complex and contradictory negotiation of pain, pleasure, and power in their performances in the fetish realm of BDSM.3 Situating my analysis in the context of hardcore BDSM Internet pornography and the controversial praxis of race play, I argue that BDSM is a critical site from which to reimagine the formative links between Black female sexuality and violence. Race play is a BDSM practice that explicitly uses race to script power exchange and the dynamics of domination and submission. Most commonly an interracial erotic play, race play employs racism, often involving the exchange of racist language, role-playing, and the construction of racist scenes. Eroticizing not just racism, but the miscegenation taboo, racial difference, and (hyper) 2. See Darlene Clark Hine, “Rape and the Inner Lives of Black Women in the Middle West,” Signs 14, no. 4 (1989): 912–920. For more on Black female slave sexual assault and its aftermath, see Hazel V. Carby, Reconstructing Womanhood: The Emergence of the Afro-American Woman Novelist (Oxford: Oxford University Press, 1987); Ann duCille, “‘Othered’ Matters: Reconceptualizing Dominance and Difference in the History of Sexuality in America,” Journal of the History of Sexuality 1, no. 1 (1990): 102–27; Elsa Barkley Brown, “Imaging Lynching: African American Women, Communities of Struggle, and Collective Memory,” in African American Women Speak Out on Anita Hill-Clarence Thomas, ed. Geneva Smitherman (Detroit, MI: Wayne State University Press, 1995), 100–24; and Cheryl Harris, “Whiteness As Property,” Harvard Law Review 106, no. 8 (June 1993): 1707–91. 3. BDSM is an umbrella term that stands in for bondage/discipline (B/D), domination /submission (D/S), and sadism/masochism or sadomasochism (S/M). For the purposes of this paper I exchange S/M, S&M, and/or SM with the more contemporary label BDSM. For more about the terminology of BDSM, see Margot Weiss, Techniques of Pleasure: BDSM and the Circuits of Sexuality (Durham, NC: Duke University Press, 2011). Ariane Cruz 411 racialization itself... (shrink)

Jean Godefroy Bidima’s La Palabre examines the traditional African institution of palaver as a way to create dialogue and open exchange in an effort to resolve conflict and promote democracy. In the wake of South Africa’s Truth and Reconciliation Commissions and the gacaca courts in Rwanda, Bidima offers a compelling model of how to develop an African public space where dialogue can combat misunderstanding. This volume, which includes other essays on legal processes, cultural diversity, memory, and the internet in (...) Africa, offers English-speaking readers the opportunity to become acquainted with a highly original and important postcolonial thinker. (shrink)