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Full-Text Articles in Law
Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu
Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu
Washington International Law Journal
China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration since 2012. This article uses the real-name registration rules to illustrate the supremacy and limitations of the Network Authoritarian Model (NAM), an approach leveraging corporate resources for political surveillance and occasionally adopted by the Chinese party-state. By addressing the evolution of real-name registration rules in China, this article illustrates the party-state’s gradual efforts in both eliminating cyberspace anonymity and etching Chinese characteristics on the architecture of the Internet. Although the Chinese …
A Study Of Cyber-Violence And Internet Service Providers' Liability: Lessons From China, Anne S.Y. Cheung
A Study Of Cyber-Violence And Internet Service Providers' Liability: Lessons From China, Anne S.Y. Cheung
Washington International Law Journal
Cyber-violence and harassment have been on the rise and have been a worrying trend worldwide. With the rise of blogs, discussion boards, and Youtube, we may become targets of false allegations or our movements and gestures may have been captured by modern technology at any moment to be broadcast on the Internet for a public trial of millions to judge. In China, netizens have resorted to cyber manhunt, known as the “human flesh search engine,” to expose details of individuals who have violated social norms one way or another, achieving social shaming, monitoring and ostracism. Individuals concerned have little legal …
Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li
Washington International Law Journal
On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …
Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett
Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett
Washington International Law Journal
In December of 2002, the High Court of Australia issued its decision in Dow Jones & Co. v. Gutnick, holding that Dow Jones could be haled into court in Australia for the publication of defamatory material on the Internet. This decision was surprising because the material in question was published in the United States on Dow Jones's New Jersey web servers. This decision makes Australia the only country that allows an action against a foreign defendant based solely on an Internet download in that country. However, the structure of the Gutnick opinion may open the door for other countries …
Are You My Mommy, Or My Big Brother? Comparing Internet Censorship In Singapore And The United States, Lewis S. Malakoff
Are You My Mommy, Or My Big Brother? Comparing Internet Censorship In Singapore And The United States, Lewis S. Malakoff
Washington International Law Journal
Governments across the globe are grappling to find an appropriate and effective way to regulate Internet activity. Singapore's experience with Internet regulation is particularly instructive, illustrating the inherent tension when a government simultaneously champions the Net's commercial, educational, and social potential while attempting to protect its population from material that offends the community's normative sensibility. Singapore has enacted regulations that require Internet Service Providers to filter content at the network level through the use of proxy servers. In addition, Singapore has issued an Internet Code of Practice that establishes the framework for acceptable speech in cyberspace. In the United States, …
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Washington International Law Journal
The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …