scholarly journals Law as a Network Standard

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Network Effects ◽  
Standard Setting ◽  
Global Network ◽  
The Internet ◽  
Interjurisdictional Competition ◽  
Technical Standards ◽  
Legal Standards ◽  
Social Controversy ◽  
Legal Standard ◽  
Computing Platforms

The problem of global information flows via computer networks can be conceived and understood as raising issues of competition, interoperability, and standard-setting parallel to those in analysis of technical standards. Uniform standards, whether technical or legal, give rise to a constellation of positive and negative network effects. As a global network based upon the "end to end" principle of interoperability, the Internet mediates between different, otherwise incompatible computing platforms. But to the extent that law and technological "code" may act as substitutes in shaping human behavior, the Internet similarly mediates between different, otherwise incompatible legal platforms. Much of the legal and social controversy surrounding the Internet stems from the interconnection of such incompatible legal systems. As with technical systems, problems of incompatibility may be addressed by the adoption of uniform legal standards. This, however, raises legal standard-setting problems similar to those seen in technical standard-setting, where the standard may be "tipped" in favor of dominant producers. In particular, if law is considered a social product, the benefits of interjurisdictional competition and diversity may be lost as a single uniform legal standard dominates the market for law.

Research of Electronic Forensics Model and Key Technology for Intelligent Terminal

2015 ◽  
Vol 734 ◽  
pp. 8-13
Author(s):  
Guo Gen Wan ◽  
Ling Tie
Keyword(s):  
Point Of View ◽  
Technical Standards ◽  
Key Technology ◽  
Electronic Evidence ◽  
Legal Standards ◽  
Intelligent Terminal ◽  
Legal Standard ◽  
The Status ◽  
Evidence Analysis ◽  
Technical Model

The present study about forensics technology intelligent of electronic terminal is mainly in utility demand, and there are many shortcomings in the point of view of forensics mode, evidence standard, forensics technology comprehensive etc.. This article conducts the research from the legal standard, technical standard, technical model, key technology and other aspects of the intelligent terminal of electronic forensics. Firstly , the characteristics and requirements of the intelligent terminal in electronic evidence are analyzed, the status of the domestic and foreign research about intelligent forensic is also analyzed. Then the electronic forensics model of intelligent terminal is proposed in terms of legal standards, technical standards, technical model, key technologies, and in the model as a guide, the related technologies of electronic evidence extraction, evidence analysis, evidence preservation, and other in the intelligent terminal are studied. Forensic Model and related techniques are proposed in this paper have important theoretical and application value for the Judiciary to electronic forensics in intelligent terminal.

Transnational Internet Law

2021 ◽  
pp. 418-436
Author(s):  
Christopher Marsden
Keyword(s):  
Private Information ◽  
The Internet ◽  
Network Neutrality ◽  
Technical Standards ◽  
International Networks ◽  
Legal Standards ◽  
Monetary Value ◽  
Legal Nature ◽  
Lex Mercatoria ◽  
Internet Law

The greatest, and certainly to a Westphalian nation-state-centered universe most revolutionary, challenge for regulation is the increasing co-operation between national, regional, and international networks of regulators, to regulate the internet. Reidenberg coined the term “lex informatica” to explain its transnational legal nature, based on Berman and Kaufman’s analysis of mediaeval lex mercatoria, rather than Jessup’s transnational law. This chapter briefly considers the technical standards that permit inter-networking and thus the internet, then examines how standards—including commercial and legal standards—have created a transnational lex informatica. The chapter then focuses on two phenomena of the transnational internet law evolution. The first is governance by contract for all commercial transactions, even those that are ostensibly free of monetary value, in which the contractors are trading private information for advertising revenue. The second is the “open internet,” laws protecting some aspects of network neutrality.

Part I How Practices Become Norms: The Continued Development of Shipping Law, 4 Spontaneous Standardization and the New Lex Maritima

2016 ◽  
Author(s):  
Druzin Bryan H
Keyword(s):  
Network Effects ◽  
State Intervention ◽  
Good Explanation ◽  
Inherent Value ◽  
Legal Standards ◽  
Legal Standard

This chapter examines the processes whereby shipping law may converge internationally in the absence of state intervention. It outlines a theory explaining such convergence through the operation of network effects. The theory is based on the argument that because legal standards are instruments that facilitate interaction with a larger group, the inherent value of a legal standard as a means to that end increases with the number of other people who also subscribe to and employ the same legal standard. Therefore, a particular standard emerges as the dominant standard as it becomes more widely used for such interactions, and the number of people adopting it in turn also increases. The chapter argues that shipping law is especially susceptible to network effects because it exhibits particularly high levels of interaction across the globe. These effects therefore form a good explanation for standardization of shipping norms.

Preliminary Concepts

2021 ◽  
pp. 1-24
Author(s):  
Kieron O’Hara
Keyword(s):  
Computer Networks ◽  
Network Effects ◽  
Transportation Network ◽  
Internet Protocol ◽  
The Internet ◽  
Technical Standards ◽  
Basic Concepts ◽  
Metcalfe’S Law ◽  
Metcalfe's Law ◽  
Different Parts

This chapter presents some of the basic concepts required to describe the Internet. The Internet has to meet functional specifications, but it also needs to work as a data transportation network. The concept of a network is introduced, because the Internet is a network of computer networks, controlled by the Internet Protocol Suite TCP/IP. The value of a network increases as the number of members, and the number of connections between them, increase, and a network is more efficient at communication than a hierarchy. Metcalfe’s Law, quantifying positive network effects, is introduced. Fragmentation is defined as incompatibility of technical standards across different parts of the Internet. The Internet transports data, defined as uninterpreted symbols, which is contrasted with information, defined as interpreted data. Finally, digital modernity is introduced as the evolution of modernity driven by networks and data, disrupting offline norms, processes, and institutions.

scholarly journals Integrated functional genomic analyses of Klinefelter and Turner syndromes reveal global network effects of altered X chromosome dosage

2020 ◽  
Vol 117 (9) ◽  
pp. 4864-4873 ◽  
Author(s):  
Xianglong Zhang ◽  
David Hong ◽  
Shining Ma ◽  
Thomas Ward ◽  
Marcus Ho ◽  
...  
Keyword(s):  
X Chromosome ◽  
Network Effects ◽  
Molecular Mechanisms ◽  
Klinefelter Syndrome ◽  
Gene Dosage ◽  
Differentially Expressed ◽  
Global Network ◽  
Potential Candidate ◽  
Gene Promoters ◽  
Inactive Genes

In both Turner syndrome (TS) and Klinefelter syndrome (KS) copy number aberrations of the X chromosome lead to various developmental symptoms. We report a comparative analysis of TS vs. KS regarding differences at the genomic network level measured in primary samples by analyzing gene expression, DNA methylation, and chromatin conformation. X-chromosome inactivation (XCI) silences transcription from one X chromosome in female mammals, on which most genes are inactive, and some genes escape from XCI. In TS, almost all differentially expressed escape genes are down-regulated but most differentially expressed inactive genes are up-regulated. In KS, differentially expressed escape genes are up-regulated while the majority of inactive genes appear unchanged. Interestingly, 94 differentially expressed genes (DEGs) overlapped between TS and female and KS and male comparisons; and these almost uniformly display expression changes into opposite directions. DEGs on the X chromosome and the autosomes are coexpressed in both syndromes, indicating that there are molecular ripple effects of the changes in X chromosome dosage. Six potential candidate genes (RPS4X,SEPT6,NKRF,CX0rf57,NAA10, andFLNA) for KS are identified on Xq, as well as candidate central genes on Xp for TS. Only promoters of inactive genes are differentially methylated in both syndromes while escape gene promoters remain unchanged. The intrachromosomal contact map of the X chromosome in TS exhibits the structure of an active X chromosome. The discovery of shared DEGs indicates the existence of common molecular mechanisms for gene regulation in TS and KS that transmit the gene dosage changes to the transcriptome.

scholarly journals Eliciting Multi-Dimensional Care through Liability and Regulation

2016 ◽  
Vol 7 (3) ◽  
pp. 279-303 ◽  
Author(s):  
Yeon-Koo Che
Keyword(s):  
Asymmetric Information ◽  
Level Of Care ◽  
Preventative Care ◽  
Settlement Rate ◽  
Legal Standards ◽  
Legal Standard ◽  
Settlement Behavior ◽  
Legal Costs ◽  
Perverse Effect ◽  
Negligence Rule

Abstract This paper examines the incentive performance of liability and regulation when a potential injurer can take two types of preventative care, one of which is observed and one of which is not. The problem is studied in a general asymmetric information model, where settlement behavior is endogenous and which incorporates an uncertain legal standard. Contrary to existing literature, we find (1) a shift to a negligence rule may have a perverse effect on unobserved care; (2) uncertainty in legal standards may be socially beneficial as it provides a relatively good incentive for unobserved care; (3) a regulation may not be effective if preventative care efforts are substitutes but is effective if they are complements; (4) an increase in settlement rate may or may not increase the level of care, depending on the cause of the increase; (5) a “decoupling” arrangement with a feature that the defendant pays more than the plaintiff recovers, reduces legal costs and is therefore socially beneficial.

STRATEGIC INTERACTION OF PROVIDERS FOR DIFFERENTIATED INTERNET SERVICES

2021 ◽  
Vol 6 ◽  
pp. 102-113
Author(s):  
Alexey Gaivoronski ◽  
◽  
Vasily Gorbachuk ◽  
Maxim Dunaievskiy ◽  
◽  
...  
Keyword(s):  
Service Providers ◽  
Network Capacity ◽  
Global Network ◽  
High Price ◽  
The Internet ◽  
Internet Services ◽  
Net Neutrality ◽  
Internet Service Providers ◽  
Video Content ◽  
Internet Service

As computing and Internet connections become general-purpose technologies and services aimed at broad global markets, questions arise about the effectiveness of such markets in terms of public welfare, the participation of differentiated service providers and end-users. Motorola’s Iridium Global Communications project was completed in the 1990s due to similar issues, reaching the goal of technological connectivity for the first time. As Internet services are characterized by high innovation, differentiation and dynamism, they can use well-known models of differentiated products. However, the demand functions in such models are hyperbolic rather than linear. In addition, such models are stochastic and include providers with different ways of competing. In the Internet ecosystem, the links between Internet service providers (ISPs) as telecommunications operators and content service providers are important, especially high-bandwidth video content providers. As increasing bandwidth requires new investments in network capacity, both video content providers and ISPs need to be motivated to do so. In order to analyze the relationships between Internet service providers and content providers in the Internet ecosystem, computable models, based on the construction of payoff functions for all the participants in the ecosystem, are suggested. The introduction of paid content browsing will motivate Internet service providers to invest in increasing the capacity of the global network, which has a trend of exponential growth. At the same time, such a browsing will violate the principles of net neutrality, which provides grounds for the development of new tasks to minimize the violations of net neutrality and maximize the social welfare of the Internet ecosystem. The models point to the importance of the efficiency of Internet service providers, the predictability of demand and the high price elasticity of innovative services.

Web-Based Cad Tools for a Networked Manufacturing Service

1998 ◽  
Author(s):  
Fu-Chung F. Wang ◽  
Paul K. Wright
Keyword(s):  
New Product Development ◽  
Design Tool ◽  
Internet Technology ◽  
Machining Process ◽  
Global Network ◽  
The Internet ◽  
Distributed Design ◽  
Cad Tools ◽  
Web Based ◽  
Design And Manufacturing

Abstract New techniques in Information Technology are now changing not only our daily life, but also the professional practice of product design and manufacturing for new product development. Internet technology in particular opens up another domain for building future CAD/CAM environments. This environment will be a global, network-centric environment with various members providing different software tools, manufacturing facilities, and analysis services for distributed design and fabrication. In this paper, we first briefly describe a vision and current development in a distributed design and manufacturing environment. The paper then emphasizes how current CAD tools will evolve to facilitate the distributed design and fabrication process. In particular, the development of a set of Web-based design tools for fabricating parts using a machining process via the Internet is presented. Experiments on machining 2-1/2 D and freeform parts through this Java-based design tool have shown the feasibility for a networked machining service via the Internet.

The Standard-Setting Power

2020 ◽  
pp. 70-130
Author(s):  
Oliver Lepsius
Keyword(s):  
Standard Setting ◽  
Constitutional Court ◽  
General Terms ◽  
Legal Standard ◽  
Federal Constitutional ◽  
General Abstract ◽  
Over Time

This chapter chronicles the proliferation of doctrinal standards over time and underscores the bizarre lengths to which that proliferation has recently extended. It shows how the Federal Constitutional Court makes use of a distinctive technique for reaching and justifying decisions, which it elaborated over many years, and which today it habitually applies. The Court regularly divides the reasoning of a decision into two blocks. The first block identifies general statements on the interpretation of the constitution. In such general terms, the Court establishes the legal standard, which will lie at the foundation of the case. The application of the standard to the determinative set of facts follows. The facts of the specific case first enter the reasoning in the second part, the “subsumption section.” The standard already formed in general-abstract terms is now applied to the specific issue the Court has to decide. Finally, the chapter warns that the era of bold new standards is probably gone for good.

Churn Prediction in Internet Service Provider Companies

2016 ◽  
pp. 265-281
Author(s):  
İlayda Ülkü ◽  
Mehmet Yahya Durak ◽  
Fadime Üney-Yüksektepe
Keyword(s):  
Service Providers ◽  
Real Data ◽  
Global Network ◽  
Competitive Environment ◽  
The Internet ◽  
Internet Service ◽  
Important Place ◽  
Churn Management ◽  
Basic Standard

As a basic standard of life, internet connects millions of computers in a global network. People use, participate, or access the internet with the help of internet service providers (ISPs). To have better quality of connection, customers are prone to change their ISPs. In the competitive environment, ISPs endeavor to prevent losing their customers which are referred as churn. Thus, churn management takes an important place for ISPs. To investigate customer loyalty status, behavior, and information of the churn possibility in Turkey, a questionnaire is implemented. By using a real data obtained from a survey, promising and applicable results are obtained to predict the churn behavior of ISP customers in Turkey. As an extension of the study, the questionnaire will be applied for a larger population to find accurate results about churn situations. This study will help ISP companies to determine the required advertising campaigns for the customers.

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