Network Law Review. Volume 6

Author: Zhang Ping
Publisher:
Publication Date: 2005-07-01
Features: Law is an ancient discipline, while the internet is a modern invention. The combination of the two has given rise to a new field: cyber law. Network technology has provided unprecedented space for the development of law and legal theory, while simultaneously posing challenges to traditional legal theories and norms. Legal professionals solving new problems in this new space will breathe new life into the old discipline, much like an old tree rejuvenated through grafting, blossoming with vibrant flowers and bearing abundant fruits. The Journal of Cyber Law showcases such a future prospects.
— Professor He Weifang, Peking University Law School
With the accumulated experience from previous volumes, The Journal of Cyber Law has gradually matured. This volume retains the form of the increasingly mature fifth volume, with minimal changes, but it has also opened up new content. The "Featured Topics" section now includes a new column, "Focus on Digital Copyright." In the network environment, obtaining authorization and preventing the unlimited illegal copying of works online are two major challenges for digital copyright. The three articles included in this special section—Research on Copyright Authorization Methods in the Digital Environment, Three Levels of Legal Protection for Copyright Technical Measures—With a Discussion on China's Technical Measures Protection Legislation, and Technical Measures and Fair Use of Copyright—discuss these issues from different perspectives. Research on the Copyright System in the Digital and Network Environment examines the fundamental system of copyright in this environment, while The Imbalance and Rebalancing of Digital Copyright: A Discussion from an Australian Perspective discusses general issues of digital copyright from the perspective of Australian law. The Development Trends of the Copyright Compensation Fund System in the Network Era proposes a systemic solution to the problem of private copying in the network era. Based on the theoretical foundations and historical development of the copyright compensation fund system, the article analyzes its trends and related issues in the network era.
The "Academic BBS" section of this volume includes articles that explore legal issues faced by the internet from various angles. A Discussion on the Justification of Criminalizing Cyber Offenses examines the social harm of cyber misconduct and the effectiveness of existing criminal and non-criminal measures, while also discussing the justification for criminalizing such behavior. Concerns about the improper use of personal privacy have become a significant obstacle to the development of e-commerce. On the Application of Privacy Seals in Network Privacy Protection Across Countries and Their Relevance to China explores a systemic approach to alleviating these concerns. The article outlines the background and nature of privacy seals and introduces their application in network privacy protection, concluding with feasible recommendations for introducing privacy seal initiatives in China. Online Securities Trading: Challenges, Legal Dilemmas, and Solutions systematically discusses the legal dilemmas faced by online securities exchanges in areas such as participants, trading platforms and systems, transaction forms, security and risks, regulation, and dispute resolution, while also proposing comprehensive solutions.
Notably, A Review and Reflection on Legal Research on Domain Name Issues—With a Discussion on the Response of Law to Technological Challenges and the Evolution of Its Logic revisits the seemingly "old" issue of domain names. Although previous volumes have extensively covered this topic, this article reexamines domain names from a broader perspective—the relationship between technology and law, the conservative nature of law, and the origins, generation, and construction of rights. Thus, despite being an old issue, it remains a "new" article. Other articles in the "Academic BBS" explore legal issues faced by the internet from the perspectives of contracts, jurisdiction, and more, but due to space limitations, they are not all introduced here.
Online gaming, as a burgeoning industry, has garnered increasing attention. Two articles with differing perspectives on online gaming issues are included in this volume. Legal Protection of Online Games discusses the legal protection of online games from the perspective of traditional civil law, while The Nature of Virtual Property in Online Games and Its Civil Law Protection examines virtual property from this angle.
This volume introduces some new attempts in the "Information Window" section, largely thanks to the convenience of the internet. Previously, we published all the information in full, but this volume adopts a new approach: after briefly introducing the content, we provide the link address instead of the full text, aiming to offer readers greater access to information. The article A Review of Legislation on the Supervision and Management of Electronic Certification Institutions evaluates the existing legislation on the supervision and management of electronic certification institutions, providing detailed and comprehensive information that may be helpful to readers interested in this topic. A Cornerstone of E-Commerce—An Introduction to the Electronic Signature Law offers a detailed and systematic introduction to China's newly enacted Electronic Signature Law. As a crucial component of e-commerce law, the smooth development of e-commerce relies on such legislation. We hope this article will help readers better understand China's Electronic Signature Law.
The "Case Collection" section, maintaining its style, includes legal analyses of two related to the internet. This volume presents two articles: The Determination and Handling of Infringement Caused by Keyword Searches—A Case of Contractual Breach and Unfair Competition Involving Company A and Individual J, and Legal Protection of Online Geographical Indications—A Review of the First Geographical Indications Domain Name Dispute Case at WIPO.