Attention
Have you had cause to consider how some discipline
might be exercised over the Internet. If so you
will have realised that no country can exercise
jurisdiction beyond it's own boundaries. There is
much discussion but little prospect of action.
Unless the Internet is made responsible for it's
own self regulation. How that might be done is
set out in the links from the Internet Notice
below. Please be my guest.
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Internet Self-Regulation
"The condition upon which God hath given liberty to
man is eternal vigilance:
which condition if he break, servitude is at once the
consequence of his crime,
and the punishment of his guilt".
John Philpot Curran 1750-1817
Speech on the Right of Election of Lord Mayor of Dublin,
10 July 1790.
"This bibliography of Internet self regulation was born of
many discussions, arguments, and debates about regulating
the Internet. In these discussions, it was clear that
people were using key terms such as "Internet,"
"regulation," and most of all "self-regulation," in a
variety of different ways, many of them confusing and
inconsistent. The recurrent mantra was that, "the Internet
should not be regulated by the government, but should be
self-regulated instead." Everyone was talking about
self-regulation as the obviously preferable alternative to
government regulation, but as far as was evident from these
discussions, "self-regulation" equaled lack of government
regulation. But no affirmative definition or description of
self-regulation seemed forthcoming. What is self-regulation
of the Internet? What does this look like? Who is the
"self" that is regulating itself? What are the mechanisms
by which the self-regulates itself? Aren't both national
and international governments already regulating the
Internet? Are we talking about virtual communities?
Filtering software? Does self-regulation really mean no
regulation? And just what does it mean to "regulate"
something? Does it mean to make laws? Enforce them?
Punish people? Who is going to do it? And what part of the
Internet are we regulating? The World Wide Web? E-mail?
Ftp? The architecture of the Internet itself? Or just what
people do when they are logged on?"
From the "Introduction to Bibliography of Internet
Self-Regulation" © 1998 Matthew J. McCloskey. Reproduced
from http://www.ilpf.org/selfreg/bib4_18.htm with
permission.
The Self Regulatory Process
The objectives above can be achieved through arbitration
following an uncodified Law of the Internet. Published
Reports on the diverse arbitral awards will evolve into a
generally accepted Law of the Internet. One cannot expect
to get it right first or even second time. Experience
rules. The Reports will be available for comment on the
Internet. The Law of the Internet is no more than morally
binding but will guide future arbitrators, who will produce
case Reports and so on ad infinitum.
If not accepted graciously, each separate arbitrator’s award
may be enforced almost worldwide through international
treaties. National courts will enforce the arbitrators’
awards under the international treaties without any
possibility of appeal.
The mechanisms for developing and enforcing a generally
accepted Law of the Internet are explained at:
o "Comments on how the Internet can arrange its own
Regulation"
http;//www.endispute.co.uk/isr/cirb.htm
An overall description.(22k)
o "Draft Constitution of The Internet Arbitration
Association"
http;//www.endispute.co.uk/isr/dciaac.htm
An association to bring all those in the Internet
Community under the Law of the Internet.(3k)
o "Draft of the Law of the Internet Arbitration Rules"
http;//www.endispute.co.uk/isr/diard.htm
The Internet process for resolving disputes.(11k)
o "Full effect of the Law of the Internet Arbitration
Rules as expanded by the Arbitration Act 1996"
http;//www.endispute.co.uk/isr/feiare.htm
The effect of the supporting legislation is
shown in full detail.(74k).
The author is an "old systems man" (there is always a
better way) who is his own webmaster and a fully qualified
and experienced arbitrator. He is modest enough to think
that the process developed here is what the Internet
Community is looking for right now. Rest assured that
what is being offered is legal, would be free and
effective, and shown to be so on the website, surprising
as that might seem.
Please address comments to srcomments@endispute.co.uk
Cliff Dilloway
Dynevor, Park Road, Stroud
Gloucestershire GL5 2JF, England
Telephone: Stroud (01453) 763387
Fax: (01453) 751528
email: cliffd@endispute.co.uk
http://www.endispute.co.uk
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