Network Law Review (Volume 6)

Author: Zhang Ping, Editor-in-Chief
Publisher:
Publish 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 studies, while simultaneously posing challenges to traditional legal theories and norms. Legal professionals addressing new problems in this new space will breathe new life into the old discipline, much like an old tree rejuvenated through grafting, blooming brilliantly and bearing abundant fruit. The Cyber Law Review showcases such a promising future.
— Professor He Weifang, Peking University Law School
Building on the experience of previous volumes, The Cyber Law Review has gradually matured. This volume retains the formal structure of the now-mature fifth volume with minimal changes, but it also opens up new content. The "Special Focus" section introduces a new topic: "Focusing on Digital Copyright." In the network environment, obtaining authorization and preventing the unlimited illegal reproduction of online works 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 Discussion on China's Legislation on Technical Measures Protection, and Technical Measures and Fair Use of Copyright—discuss these issues from different perspectives. Additionally, Research on the Copyright System in Digital and Network Environments examines the foundational system of copyright in digital and network environments, while The Imbalance and Rebalancing of Digital Copyright: A Perspective from Australia discusses general issues of digital copyright from the perspective of Australia's system. The Development Trends of the Copyright Compensation Fund System in the Network Era proposes a systemic solution to address 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. 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 behaviors. Concerns about the improper use of personal privacy have become a significant barrier 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 alleviate 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 provides a systematic discussion of 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 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 re-examines domain names from a broader perspective—namely, 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 related to the internet from perspectives such as contracts and jurisdiction, but due to space constraints, they are not individually 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 and Civil Law Protection of Virtual Property in Online Virtual Worlds examines virtual property from this angle.
The "Information Window" section of this volume introduces some new approaches, largely thanks to the convenience of the internet. Previously, we published all acquired information in full for readers. This volume adopts a new method: after briefly introducing the content of the information, it provides 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 supervision and management of electronic certification institutions in existing electronic signature legislation, providing detailed and comprehensive information that may benefit 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 the existence of an electronic signature law. We hope this article will help readers better understand China's Electronic Signature Law.
The "Case Collection" section, consistent with 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—Case of Shanxi Company v. Jiang et al. on Contractual Breach and Unfair Competition, and Legal Protection of Online Geographical Indications—A Review of the First Geographical Indications Domain Name Dispute Case at WIPO.