Law Commons^™

Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …

Untangling The Web: Exploring Internet Regulation Schemes In Western Democracies, Renee Keen

San Diego International Law Journal

This Comment investigates past censorship schemes proposed and implemented by selected democratic administrations, in order to develop an improved framework and accompanying infrastructure that may accomplish the goals that these policies envisioned, but failed to achieve. The difficulty of this undertaking is in developing the intermediate and legally defensible parameters under which a regulation scheme can endure and gain support in a democratic society. The greater difficulty lies in developing a system that can accomplish these objectives in the burgeoning and ever-changing cyber realm. The challenges posed by Internet activity are novel ones, and the legitimacy of the actions taken …

Submission To The Alrc National Classification Review, Kimberlee G. Weatherall

Kimberlee G Weatherall

This submission addresses online censorship in Australia. It was made to the Australian Law Reform Commission (ALRC) in response to its Issues Paper in the National Classification Review.

It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml

Federal Communications Law Journal

The advent of the Internet has brought tremendous technological advancements and growth to the world. However, it has also become a source of conflict, particularly when different countries attempt to regulate this very ubiquitous and amorphous medium. The most notable controversy has arisen in China home to the world's most advanced system of Internet censorship, which levies harsh penalties on those who violate the country's strict censorship laws. China's "Great Firewall" has raised many eyebrows and is garnishing substantial criticism in response to the human rights abuses that result from the jailing and reported torture of Chinese dissidents. Yet the …

Abeyance And Spontaneity In Tunisia, Louis Edgar Esparza

Human Rights & Human Welfare

On August 16, 1819, tens of thousands of workers gathered in what is now St. Peter’s Square in Manchester to demand suffrage. Entire families, parishes, and townships assembled, fueled by increasing commodity prices and political disenfranchisement. They had spread the word from town to town, and from church to church, that this previously banned meeting was indeed to occur. It was the culmination of months of agitation on the part of common people to achieve economic and political reform. The government responded violently to the challenge of its authority, as governments so often do, leading to a score of deaths …

“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey

Duke Law Journal

The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens' expression from government censorship. In the modern era, however, the government's pervasive presence-especially in the role of funder of private activity-has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine-which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication-has been the Supreme Court's guidepost of late when the Court has been confronted with a case involving expression with both private and public elements. The …

The Yang Obeys, But The Yin Ignores: Copyright Law And Speech Suppression In The People's Republic Of China, Stephen J. Mcintyre

Stephen J McIntyre

Copyright law can serve to either promote or restrict free speech: while copyright preserves economic incentives to create and publish new expression, it also fences off expression from public use. For this reason, the effect of copyright law on speech in a given country depends on the particular manner in which it is understood, legislated, and enforced. This Article argues that copyright law in the People’s Republic of China serves as a tool for speech suppression and censorship. Whereas China has engaged in official censorship for thousands of years, there has historically been little appreciation for proprietary rights in art …

How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai

Duke Journal of Comparative & International Law

No abstract provided.

Deadly Censorship Games: Keeping A Tight Lid On The Euthanasia Debate, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

TALKING ABOUT DEATH AND DYING - Why don’t we talk about death and dying? We can choose so many of our life experiences, but it seems we can have no say in whether we die in pain or at peace. Today we look at the Australian government’s efforts to suppress discussion of euthanasia.

There’s plenty of information available on how to kill yourself violently, so why does the Australian government so vigorously censor information on peaceful methods?

Voluntary euthanasia societies have long been pushing to legalise death with dignity. According to opinion polls, a strong majority of Australians support legalisation, …

Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney

Articles, Book Chapters, & Popular Press

If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …

Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon

Scholarly Works

No abstract provided.