论文信息 - Online Dispute Resolution: Some Implications for the Emergence of Law in Cyberspace1

Online Dispute Resolution: Some Implications for the Emergence of Law in Cyberspace1

Abstract While courts and legislatures have been struggling to design legal rules that have authority in cyberspace, there have been a range of successful efforts in Online Dispute Resolution (ODR). Online dispute resolution uses the communication of information and the processing of information to negotiate, mediate and arbitrate online. These systems are important not only for resolving conflicts but for fostering environments in which agreed upon rules and standards can emerge. The article discusses the impact of ODR on how law will evolve in cyberspace and in how ODR technology can be employed in offline disputes. This article is a product of research supported by National Science Foundation award # 0429297 ‘Process Technology for Achieving Government Online Dispute Resolution’, .

Ethan Katsh

[1] H. Berman. The Background of the Western Legal Tradition in the Folklaw of the Peoples of Europe , 1978 .

[2] Mark Cenite. Code and Other Laws of Cyberspace , 2000 .

[3] David G. Post,et al. Law and Borders - the Rise of Law in Cyberspace , 1996, First Monday.

[4] J. Reidenberg. Lex Informatica: The Formulation of Information Policy Rules through Technology , 1997 .

[5] Jay P. Kesan,et al. Fool Us Once Shame on You - Fool Us Twice Shame on Us: What We Can Learn from the Privatizations of the Internet Backbone Network and the Domain Name System , 2001 .

[6] R. Kurzweil,et al. The law of accelerating returns , 2008 .

[7] Leon J. Osterweil,et al. The design of a next-generation process language , 1997, ESEC '97/FSE-5.

[8] E. Katsh,et al. E-Commerce, E-Disputes, and E-Dispute Resolution: In the Shadow of "eBay Law" , 2000 .

[9] David G. Post,et al. Law and Borders--The Rise of Law in Cyberspace , 1996 .