I thought that many in law-lib-land would find this information useful.
>---------- Forwarded message ----------
>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
>
>
>
>
>
>
Barbara Bintliff
Law Library Director and
Associate Professor of Law
University of Colorado
Campus Box 402
Boulder, CO 80309
(303) 492-1233
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