Law Commons^™

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …