Unfortunately, the below system seems a bit civil liberties-unfriendly in some ways (deeming laws against "obscenity" ever to be justified, for instance). On the other hand, it's an arbitration mechanism - which should have competitors and different contracts using different arbitratiors. Of course, Phil Agre tends to want the "whole community" involved with stuff instead of, as is proper in most cases, the people involved. Progressive liberals... sigh. -Allen From: IN%"rre@weber.ucsd.edu" 5-MAR-1996 03:35:20.71 [Is this scheme too naive to work? Well, if we want cyberspace to be self-governing then surely we need something like this. What's important, I think, is legitimacy. That is, people should regard it as having the moral stature to actually make judgements and have them stick. Certainly *I* think that Bob Gellman is a good person to have in charge of a project like this. But it's the whole community's opinions that matter, not just mine. Should we have elections on the net for jobs like this? Or what?] =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This message was forwarded through the Red Rock Eater News Service (RRE). Send any replies to the original author, listed in the From: field below. You are welcome to send the message along to others but please do not use the "redirect" command. For information on RRE, including instructions for (un)subscribing, send an empty message to rre-help@weber.ucsd.edu =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Date: Mon, 4 Mar 1996 10:18:04 -0500 (EST) From: Paul Evan Peters <paul@cni.org> To: Multiple recipients of list <cni-announce@cni.org> Subject: Announcement of the Virtual Magistrate Project Dear cni-announce subscribers: Attached please find a press release announcing the establishment of the Virtual Magistrate Project. CNI is facilitating discussion of this project, and I encourage your attention to it. Let me know if you have any observations or suggestions that you would like me to pass on the project's organizers. Best, Paul Paul Evan Peters Executive Director Coalition for Networked Information 21 Dupont Circle Washington, DC 20036 Voice: 202-296-5098 Fax: 202-872-0884 Internet: paul@cni.org URL: ftp://ftp.cni.org/ URL: gopher://gopher.cni.org:70/ URL: http://www.cni.org/CNI.homepage.html PRESS RELEASE PRESS RELEASE PRESS RELEASE PRESS RELEASE For Immediate Release, March 4, 1996 Virtual Magistrate Established for the Internet Voluntary Dispute Resolution for Network Conflicts A newly established Virtual Magistrate Project will assist in the rapid, initial resolution of computer network disputes. The specialized system of online arbitration and fact-finding was announced by Timothy C. Leixner, Chairman of the Board of the National Center for Automated Information Research (NCAIR) which is funding the pilot project. The Fellows of the Cyberspace Law Institute helped in the development of the project. "Millions of people around the world communicate and conduct business on computer networks," said Mr. Leixner in announcing the project. "Disputes are inevitable, and existing courts can be too slow, too cumbersome, and too local to have global effect. We need to explore new forms of dispute resolution, provide timely relief, and develop appropriate sanctions that are suitable for worldwide computer networks. That is the purpose of the Virtual Magistrate Project." A pool of neutral arbitrators with experience in the law and in the use of computer networks will serve as the Virtual Magistrates. The magistrates (who do not have to be lawyers) will be selected jointly by the American Arbitration Association and the Cyberspace Law Institute, and will undergo training in arbitration techniques. Complaints will be accepted through either through electronic mail or through a form on the Virtual Magistrate's World Wide Web site. Internet users, system operators, and others affected by network messages, postings, and files may be the source of complaints. Initially, the Virtual Magistrate will decide whether it would be reasonable for a system operator to delete or otherwise restrict access to a challenged message, posting, or file. Objections may be based on copyright or trademark infringement, misappropriation of trade secrets, defamation, fraud, deceptive trade practices, inappropriate (obscene, lewd, or otherwise violative of local system rules) materials, invasion of privacy, and other wrongful content. At a later date, the Virtual Magistrate may accept complaints about other network- related activities. The need for a fast and accessible resolution of disputes is highlighted by ongoing litigation involving Netcom On-Line Communications Services and the Church of Scientology. The Church alleged that postings made by a Netcom user infringed on the Church's copyrights. The case is before federal district court, and a lengthy proceeding is expected. Arbitration though the Virtual Magistrate Project might have been able to offer an independent assessment of whether there was infringement. Prompt identification of reasonable responses for system operators would clearly be beneficial to all. Use of the Virtual Magistrate for immediate resolution of disputes would not preclude traditional litigation. An impartial magistrate will be assigned to each complaint. Proceedings will normally take place through electronic mail. The goal is to reach a decision within 72 hours (three business days) whenever possible. Information on cases decided by the Virtual Magistrate will be publicly available at a World Wide Web site maintained by the Villanova Center for Information Law and Policy at <http://vmag.law.vill.edu:8080/>. Other documentation for the Project is available at the same Web site. David Johnson, Co-Director of the Cyberspace Law Institute said: "The Virtual Magistrate Project is not a solution to all network problems. Some matters will inevitably end up in traditional courts. If the Virtual Magistrate Project can contribute to the swift, inexpensive, and fair resolution of some disputes, then it will be a success." Paul Evan Peters, Executive Director of the Coalition for Networked Information, a diverse partnership of over two hundred institutions and organizations promoting the scholarly and intellectually productive uses of the Internet commented: "This project promises an extremely important and much needed alternative to legislation, contract negotiation, and litigation for addressing the uncertainties that we should all face together in the rapidly evolving networked resource and service environment." The Virtual Magistrate Project is a pilot project. Adjustments to the rules and procedures will be made based on experience. The Project will be evaluated by the participants at a conference to be convened by NCAIR and CLI in May 1996, and decisions will be made about finding a more permanent structure and funding. NCAIR has made $75,000 available for the operation of the pilot. NCAIR is a non-profit, educational corporation actively engaged in the study and application of technology to the to the legal and accounting professions since 1966. The American Arbitration Association (AAA) is a public-service, not-for-profit organization offering a broad range of dispute resolution services to corporations, attorneys, insurers, individuals, trade associations, unions, consumers, and all levels of government. AAA has been an international focal point for private dispute resolution since arbitration became an acceptable alternative to courts in the 1920s. George Friedman, Senior Vice President of AAA said: "Given the increasing inaccessibility of the court system and the explosive growth of online technology, it is quite appropriate that an effort would be made to develop a means of resolving disputes simply and quickly online. The American Arbitration Association is delighted to be a founding partner of the Virtual Magistrate Project, which will undoubtedly pave new ground in advancing alternative dispute resolution." The Villanova Center for Information Law and Policy will maintain a public online repository of Virtual Magistrate complaints, decisions, and documents. The Villanova Center will also maintain electronic discussion groups for magistrates, participants, and other interested parties, and it will work jointly with AAA to prepare training materials. The Villanova Center is at Villanova University School of Law, near Philadelphia. Contacts: Virtual Magistrate Project, Robert Gellman, Executive Director, 202-543-7923, rgellman@cais.com Cyberspace Law Institute, David R. Johnson, 202-496- 9523, djohns06@counsel.com; David Post, 202-364-5010, dpostn00@counsel.com Villanova Center for Information Law and Policy, Henry H. Perritt, Jr., Professor of Law, 610-519-7078, perritt@law.vill.edu National Center for Automated Information Research: Timothy C. Leixner, Chairman of the Board, 954-462-3300 emoleixner@aol.com American Arbitration Association: George Friedman, Senior Vice President, 212-484-4120, usadrghf@arb.com Electronic Addresses for the Virtual Magistrate Project VM Web Page: http://vmag.law.vill.edu:8080/ AAA Web Page http://www.adr.com Complaints: vmag@mail.law.vill.edu Help: vmag-question@mail.law.vill.edu vmag-help@mail.law.vill.edu VM Operations: vmag-admin@mail.law.vill.edu vmag-owner@mail.law.vill.edu AAA Administrator: vmag-aaa@mail.law.vill.edu VM Executive Director: rgellman@cais.com