Archive for Internet Governance

Prof. Xue presented at the International Conference on AI and Judicial Big Data

24 September 2022, Professor Xue was invited to give a keynote speech on “AI-assisted Domain Name Dispute Resolution Mechanisms” at the 2nd International Conference on AI and Judicial Big Data, co-organized by Huazhong University of Science and Technology and Hubei High People’s Court. Prof. Xue discussed the ethical issue in deployment of AI in judicial proceedings and suggested that ADR (like domain name dispute resolution mechanism) may be more suitable area to implement pilot AI systems. AI may provide effective proceeding management for domain name dispute resolution, including receiving and servicing the Parties’ files, verifying the Parties’ identities and organizing cross examination. AI selection of adjudicators may considerably minimize the bias and prejudice and better serve the goals of independence and impartiality. Although AI cannot substitute the adjudicators’ judgement and discretion, it can be very valuable to verify the basic facts such as the information of the Applicant’s trademark registration and/or the Respondent’s domain name registration. It can help the adjudicators to complete the fact checking in the expedited proceedings. Domain name dispute resolution mechanism that is already networked, digitized and standardized can easily adapt to automation powered by AI. In addition, its characteristic of non-exclusive to judicial remedy is another layer of guarantee for AI pilot implementation.

2022年9月24日,薛虹教授受邀在华中科技大学法学院及华中科技大学司法大数据研究中心、湖北省高级人民法院联合举办第二届“人工智能与司法大数据”国际研讨会论坛一上,以“人工智能辅助的互联网域名争议解决机制”为题发表主题发言。薛教授深入探讨了人工智能进行司法裁判可能导致的伦理与法律问题,主张在域名争议解决等替代性争议解决机制领域先行尝试人工智能的应用。薛教授认为,在程序管理与案件裁判两方面,人工智能均能发挥显著的作用。在程序管理方面,人工智能案件管理平台不仅能安全高效地接收、送达案件材料及核查、认证当事人身份,而且能有效组织当事人在线举证、质证等,大大提高案件程序效力,更能在主审人筛选、匹配,案件分配上最小化人工偏见,保障客观、理性。在审理裁判方面,人工智能可以成为主审人极为得力的助手,协助在线连机核查案件基本信息(投诉人商标注册、被投诉人域名注册),在有限的审理期限内、当事人无法进行重复质证的情况下,协助主审人分辨当事人的主张与举证,以作出法律判断。薛教授认为,人工智能在现阶段无法代替主审专家的头脑与裁量。而且,域名争议解决机制具有网络化、标准化、数字化的特征,而且不排斥当事人寻求司法救济,天然适合进行人工智能自动化的实验。来自国内外著名的几十位法学专家及实务界和产业界的嘉宾共论计算法学与智慧司法建设。

Comments off

数字经济争议解决法律制度研讨会成功举办 Seminar on Dispute Resolution in Digital Economy Successfully Completed

2019年10月24日,为纪念域名争议解决制度建立二十周年、电子商务法颁布一周年,由贸仲与北京师范大学互联网政策与法律研究中心联合主办的“数字经济争议解决法律制度研讨会”(Seminar on Dispute Resolution in Digital Economy)在京成功举办。贸仲副主任兼秘书长王承杰出席了会议并致辞。北京市高级人民法院审委会专职委员、民三庭庭长杨柏勇、中国互联网络信息中心(CNNIC)主任助理胡安磊、互联网域名系统国家工程研究中心(ZDNS)副主任刘志江作主题发言。北京师范大学互联网政策与法律研究中心主任、贸仲域名争议解决中心副主任薛虹主持了致辞和主题发言环节。互联网域名系统国家工程研究中心主任毛伟、互联网名称与数字地址分配机构(ICANN)北京合作中心主任张建川等出席了会议。

王承杰秘书长作为贸仲域名争议解决中心的主任,在致辞中回顾了贸仲域名争议解决中心的成立和发展历程,对专家们在域名争议解决案件中的所做出的贡献致以谢意,对未来数字经济发展的新模式、争议解决为数字经济保驾护航等进行了展望,并表示贸仲将不断完善域名争议解决机制,促进网上争议解决理论和实践的发展,为数字经济的健康有序发展发挥积极作用。

杨柏勇专委介绍了法院受理域名案件的情况,总结了法院受理的域名案件的类型和特点,强调了立法与司法实践致力于打击恶意抢注域名行为的原则。

胡安磊主任助理介绍了域名争议解决政策、规则的制定、修改和实施,指出贸仲是CNNIC授权的第一家争议解决机构,为.cn、.中国域名争议解决机制的确立和发展提供了范本。

刘志江副主任回顾了域名争议解决制度严谨的确立过程,提出域名争议解决制度在平衡域名的发展和管理之间的关系、在先权益人和域名持有人之间的关系上发挥着重要的作用。

研讨会分为两个议题,第一个议题围绕“域名争议解决二十年”进行回顾和讨论,由贸仲副秘书长李虎主持,中国互联网络信息中心法务主管丁尚军、贸仲多元处副处长崔新民、互联网域名系统国家工程研究中心高级总监冯硕分别从《国家顶级域名注册实施细则》等三项国家顶级域名管理制度解读、贸仲域名争议解决实践、新一轮通用顶级域名展望等方面,分享了域名的注册制度、争议解决和发展前景,揭示了完整的域名相关制度体系。

第二个议题围绕“电子商务争议解决”展开深入讨论,由杨柏勇专委主持,北京互联网法院综合审判第二庭庭长刘书涵介绍了电子商务法的司法实践、总结了网络争议案件的类型和特点,薛虹主任从电商法起草者的角度介绍了电子商务法争议解决制度的顶层设计,新浪高级法务专家王磊、中国法制出版社编辑主管谢雯也分别介绍了新浪网上调解实践经验和分享了传媒对电商法的编辑和传播的心得。

数十位专家、学者以及域名注册管理、知识产权代理等相关领域专业人员参加了本次研讨会,会场气氛融洽,会议取得了圆满成功。

Comments off

Prof. Xue presented at Aspen Seminars for Leaders

Aspen Institute Italia is an international non-profit association dedicated to the high level exchange of information and values. The Aspen international network includes independent but coordinated offices in the US, the Czech Republic, France, Germany, Japan, India, Mexico, New Zealand, Romania, Spain and Ukraine.

The Aspen Seminars for Leaders (ASL) are the successful European version of the renowned original Aspen Executive Seminars. Their format represents a unique approach, both at the national and at the international level: the environment created at these events encourages free and open debate, leading to an in-depth analysis of topical issues of the day. The relevance of the discussions, the informal atmosphere, the limited number of participants per seminar and the common activities are just some of the characteristics of Aspen Italia’s seminar activity. ASL provides a unique opportunity to enhance knowledge and gain information; they offer a wide range of perspectives on the strategic challenges of a more and more globalized, multi-sided and competitive world. Far from giving off-the-shelf answers, the Seminars represent a sort of open agorà where businessmen can meditate upon the issues they have to tackle with daily, as well as the contradictory interests, values and cultures of the modern society.

In October 2019 the Aspen Seminars for Leaders was held in Venice at the San Clemente Palace Kempinski. The modern complex, with its beautiful open courtyards, preserves the charm and atmosphere of the ancient Camaldolite monastery, built in the second half of the seventeenth century. The artistic heritage and stunning scenery provide the perfect setting for meditative analysis.

Prof. Xue was invited to presented at the Workshop of data driven society. With the advent of the digital age, the relationship between data, technology, foreign policy and security is growing. For a long time, the Internet was seen as the modern agora. Today however, more and more experts highlight the risks that come from an increasingly concentrated control of data in the hands of a few players. At the center of the discussion is the fear that the internet could turn into a breach of democratic systems, with far greater repercussions than in the past. Prof. Xue emphasized the importance of protection of personal information while pursuing the social economic development. Prof. Xue particularly pointed out that undermining data protection in data-driven society is like development of manufacture industry at the cost of environmental protection. It’s not sustainable to adopt the model of pollution first and clean-up later-on. Her presentation was strongly supported by the all the participants.

Comments off

Prof. Xue @ Asia Pacific Trade Facilitation Forum 2019

The Asia-Pacific Trade Facilitation Forum (APTFF) is the leading regional platform for the exchange of information, experiences and practice on trade facilitation. The APTFF has been organized by the Asian Development Bank (ADB), the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) and a growing number of partners since 2009, including UNCTAD, WCO and WTO. It is held biennially and attracts more than 250 participants from 30 countries. The 9th APTFF took place at the Hyatt Regency Hotel Delhi, New Delhi, India on 17-18 September 2019. The Forum was organized by ESCAP and ADB in collaboration with the Government of India and the Confederation of Indian Industries.

The Forum focused on how digital and sustainable trade facilitation measures and practices can bring prosperity to the Asia-Pacific region and investigated the opportunities from trade digitalization for sustainable development of the region, and challenges ahead in materializing such opportunities. it featured panel discussions, interactive and informative sessions allowing participants to share experiences and perspectives on different aspects of trade facilitation, including trade finance, cross-border e-commerce, paperless trade, and innovative application of emerging technologies, among others. The Forum brought relevant regional initiatives and implementation cases to each session to make it a unique opportunity to share knowledge and practical lessons. A number of side events were organized throughout the week in collaboration with other partners to provide more in-depth exploration of pertinent trade facilitation issues. The Forum also included an exhibition for relevant service providers and international organizations to promote their work in this area.

Prof. Xue gave an important presentation at  Session 5: Trade facilitation for e-commerce: Emerging innovations for seamless cross-border transactions by emphasizing the value of cross-border data flow in the paperless trade facilitation and encouraged the Member States to take action according to the WTO TFA with respect to data regulations. Prof. Xue’s presentation attracted many questions from the audience and she responded effectively to each of them.

Prof. Xue was also invited to take part in the APTFF Capacity Building Workshop on Cross-border Paperless Trade Facilitation, a side event organized by UNESCAP and ADB. The workshop brought relevant regional stakeholders of cross-border paperless trade and shared experiences and lessons learnt in its facilitation, including issues and challenges faced and actions and measures for implementation. The government officials from selected developing countries in the region as well as representatives from the initiatives on cross-border electronic data exchange from the region and beyond participated in the workshop. Prof. Xue gave the expert legal opinions on seven countries’ studies on challenges and way-forward for cross-border paperless trade. Her comments impressed all the stakeholders from the relevant development countries as well as the professionals from the international organizations.

 

 

 

 

Comments off

Prof. Xue’s keynote speech at APrIGF 2019

2019 Asia Pacific Regional Internet Governance Forum (APrIGF 2019) was held in Vladivostok, Russia, from 16 to 19 July 2019. The overarching theme for the event was ‘Enabling a Safe, Secure and Universal Internet for All in Asia Pacific’, with the sub-themes being: Safe Internet, Cyber-security & Regulation; Access & Universality; Emerging Technologies & Society; Evolving Role of Internet Governance & Multi-stakeholder Participation; and Digital Economy.

Prof. Xue gave a keynote speech at the Capacity Building Day on July 16 and talked about “Consumer Protection in E-commerce”, which as hailed by all the young fellows and other participants as very inspiring and forward-looking. Prof. Xue answered many questions and comments regarding data protection, consumer rights and other Internet legal issues. 

Prof. Xue was invited to be an expert panelist at the Workshop “A roadmap for studying ICT laws and building a database for Asia” organized by Association for Progressive Communications (APC) on July 18 and talked about the importance of building a people-centered and right-based legal framework for cyberspace. The session addresses the sub-theme on Safer Internet, Cyber-security and Regulation Online. It aims to encourage discussion on the growing number of policies, regulations and laws in Asian countries that seek to monitor and regulate the internet and the impact of these legislation on information and privacy among others. Of key importance is also our intended discussion on how we can build alliances with civil society, academia, journalists, the technical community and lawyers in order to create a multidisciplinary approach to challenge these laws where necessary, through creating awareness, bridging gaps in our understanding of these laws, not just among the various actors but also among a wider audience, and providing support to strategic litigation in different countries, with the ultimate aim of pushing for a regulatory framework that enables a more open, safe and secure internet.

Prof. Xue also actively took part in the discussion for the Synthesis Document

, which aims to document items of common interest relevant to Internet governance in the Asia Pacific region and has developed into one of the highlight innovations of the APrIGF and inspired other national and regional initiatives to develop their own processes.

 

Comments off

« Previous entries Next Page » Next Page »