Building the Justice Layer of the Internet: Innovative Justice Applications - ADRhub - Creighton NCR2024-03-29T14:29:53Zhttp://www.adrhub.com/forum/topics/building-the-justice-layer-of-the-internet-innovative-justice-app?commentId=4905899%3AComment%3A62644&feed=yes&xn_auth=noJack points out some interest…tag:www.adrhub.com,2014-11-07:4905899:Comment:627802014-11-07T18:52:27.622ZJeffrey Arestyhttp://www.adrhub.com/profile/JeffreyAresty
<p>Jack points out some interesting things - information that gets posted about each of us, thus creating a digital footprint, isn't so easily discarded. Usually, there is some intermediary (Google, Facebook, Yahoo to name a couple) that are the aggregators, and, these intermediaries are subject to the laws of every jurisdiction where they reach (everywhere) - and, so they are often times subject to conflicting rules. In Europe, there has been a movement concerning the 'right to be forgotten'…</p>
<p>Jack points out some interesting things - information that gets posted about each of us, thus creating a digital footprint, isn't so easily discarded. Usually, there is some intermediary (Google, Facebook, Yahoo to name a couple) that are the aggregators, and, these intermediaries are subject to the laws of every jurisdiction where they reach (everywhere) - and, so they are often times subject to conflicting rules. In Europe, there has been a movement concerning the 'right to be forgotten' - the ability of an individual to get certain information wiped away. I'm just not sure how that can be accomplished in reality. Witness the victims of identity theft, and, in some cases, the years and money that it takes to fix ones credit that was fraudulently interfered with. Laws don't seem to work to change conduct; but if digital society can say that we are creating new norms; while we are building the justice layer of the internet we can make it clear to corporations and others (govt, universities, ...) that they have to start relying upon what each of us say about ourselves as we build our own online reputation as the primary source for making decisions about jobs, credit, admissions to school. And, to the extent that they don't, society will call them out. Laws can support this effort but to be enforced, they need societal support.</p>
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<p>The second point is that we all have to build this layer together. This will work because we build normative behavior on a global basis. It certainly has to happen that way. We are all global citizens. We are all affected by what happens anywhere on the planet. The idea that we can live behind real or virtual walls to protect ourselves from a negative force that starts outside the walls is a myth. As was noted by the Stanford doctor who was interviewed this morning from his makeshift hospital in Liberia, where he and an entire team have worked on Ebola patients for 7 weeks straight, we make on our own bed - we either stop the disease at its source, or risk the consequences. The digital society has its ills - and, one of them is the damage others can cause to our identity - to think that governments have the power to protect us misses the point that they are subject to the same reputational loss (hackers get into NSA, the DOD, as well as Home Depot and Target and Chase) as we are. By building a justice layer together, we set the norms - and can hold those accountable who choose to operate outside them. Together - that's the operative term.</p> Hi all,
I thought this discu…tag:www.adrhub.com,2014-11-07:4905899:Comment:628642014-11-07T17:00:33.366ZJack Rogallahttp://www.adrhub.com/profile/JackRogalla
Hi all,<br />
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I thought this discussion was very interesting. One question I would like to focus on is how much control we should have of what gets posted about us on the Internet. For some people this is a major problem for many reasons. By having unwanted information on the Internet. People can struggle with getting a job or building relationships. Something as simple as an unwanted picture that was posted online can cause major, major issues. Having no control over something like that can be a…
Hi all,<br />
<br />
I thought this discussion was very interesting. One question I would like to focus on is how much control we should have of what gets posted about us on the Internet. For some people this is a major problem for many reasons. By having unwanted information on the Internet. People can struggle with getting a job or building relationships. Something as simple as an unwanted picture that was posted online can cause major, major issues. Having no control over something like that can be a helpless feeling. For something along those lines, I believe the people should have some control of, and be able to have the images removed. However, There are some things that need to be open to the public such as criminal behavior. I believe the government is in the right for allowing people to access such records online, but there is also a grey area.<br />
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Everyone lives a very public life nowadays because of the Internet. It is a lot different from even a decade ago. I do believe there needs to be a justice layer of the internet allowing some sort of protection and am excited to see how exactly this can come about, but it absolutely has to be a group effort just like a few of the posts touched on. Dear Participants,
Jeffrey Ar…tag:www.adrhub.com,2014-11-06:4905899:Comment:628232014-11-06T15:47:22.647ZDr. Gearyhttp://www.adrhub.com/profile/DrGeary
<div class="page" title="Page 66"><div class="layoutArea"><div class="column"><p>Dear Participants,</p>
<p>Jeffrey Aresty - prisoners’ can fall through “safety nets” and professional turnover might exacerbate this process. One of the benefits of Online Dispute Resolution including mediation could be that it can be a preventative approach. Online Dispute Resolution may be applied, for example, pre and post litigation. Parties could apply this model to lessen incidents, which involve litigation…</p>
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<div class="page" title="Page 66"><div class="layoutArea"><div class="column"><p>Dear Participants,</p>
<p>Jeffrey Aresty - prisoners’ can fall through “safety nets” and professional turnover might exacerbate this process. One of the benefits of Online Dispute Resolution including mediation could be that it can be a preventative approach. Online Dispute Resolution may be applied, for example, pre and post litigation. Parties could apply this model to lessen incidents, which involve litigation or to bring about out of court settlement. In a study that I was involved with which took a human rights perspective to explore professionals' perspectives on older prisoners situations Carol explained, “Using budget as an excuse is unconscionable and the possibility of considering the needs of the younger offender as being more important because they have a family to care for when released is not an excuse either”. More information about the study is at <a rel="nofollow" href="http://www.publications.parliament.uk/pa/cm201314/cmselect/cmjust/89/89vw13.htm" target="_blank">http://www.publications.parliament.uk/pa/cm201314/cmselect/cmjust/8...</a> . When prisoners including older ones are placed in custody society often has a duty to do more than simply warehouse them. </p>
<p>Yours sincerely,</p>
<p>Jen Geary, Dr., LLB., MDE</p>
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</div> I agree wholeheartedly that w…tag:www.adrhub.com,2014-11-06:4905899:Comment:626602014-11-06T15:06:31.314ZJeffrey Arestyhttp://www.adrhub.com/profile/JeffreyAresty
<p>I agree wholeheartedly that we should work within the prison system, and, that ODR has unique applications in that environment. Thank you for your comment.</p>
<p>I agree wholeheartedly that we should work within the prison system, and, that ODR has unique applications in that environment. Thank you for your comment.</p> Dear Participants,
The concep…tag:www.adrhub.com,2014-11-05:4905899:Comment:626442014-11-05T22:03:09.303ZDr. Gearyhttp://www.adrhub.com/profile/DrGeary
<p>Dear Participants,</p>
<p>The concept of adding another layer to the justice system is intriguing. I wondered what its implications there might be in prison environments. These environments can be particularly stressful for prisoners, staff, visitors and the public. During my thesis research I had an opportunity to communicate with corrections professionals in six Western countries including Paul. These professionals were generous both with their time and ideas.</p>
<p>Paul mentioned that…</p>
<p>Dear Participants,</p>
<p>The concept of adding another layer to the justice system is intriguing. I wondered what its implications there might be in prison environments. These environments can be particularly stressful for prisoners, staff, visitors and the public. During my thesis research I had an opportunity to communicate with corrections professionals in six Western countries including Paul. These professionals were generous both with their time and ideas.</p>
<p>Paul mentioned that prisoners could be bullied linked to others gaining access to their main mediations. Ruby explained, “...we are working with a diverse group inside the institution that just clashes cultures, clashes on issues that had happened on the street before they came in”. There can be disputes in prisons between correctional professionals and prisoners and amongst the inmates. Samuel, Sally, Carol, Kira and Dean mentioned that mediation could work in prison settings. Kira said that for mediation to be effective at her work, “I would think that it would need to be done in-house”. Dean said, “A lot of grievances or misunderstanding is from what I see is stubbornness on both parts”. Dean continued that write-ups and litigation could be avoided “if they were to sit down and say what’s the issue what’s the problem”. Perhaps an apology could be useful to limit hostilities. According to Dean mediation can create a situation where there is ownership of wrongdoings and open accountability.</p>
<p>Dean mentioned that there could be drawbacks if mediators were not familiar with prison environments. For example, he was concerned that such mediators might not be aware of “...small subtleties of security and safety and vigilance and how slippery the slopes on the outside can be in terms of sliding in the wrong direction in here”. Dean and Kira both thought that a panel, such as a conciliation board could help. Kira mentioned that it might be important for prisoners to buy into and to develop processes associated with a panel. Carla mentioned about the “instrumental role” of inmates in the development of other programs to maintain and develop equal protection. Members of these panels could include staff and prisoners from the jail and independent experts. Individuals from the prison could provide a rationale to experts as to why certain practices are encouraged or limited in the prison. Dean indicated that a panel could give him an opportunity to provide others with his input and eventually a collective decision could be made. Through a panel he would be unlikely to be singled out for making unpopular decisions that might have an adverse impact upon his colleagues or prisoners. Perhaps principles in Online Dispute Resolution can be transported to, for example, mediation and panels in prison environments. Maybe for this to happen correctional professionals could work in conjunction with "...the core team, of course, includes software developers, but just as important, it includes government folks, judges, academics, business leaders, non profits... you get the idea - we are being as inclusive as we can" (Jeffrey Aresty, 2014).</p>
<p>Yours sincerely,</p>
<p>Jen Geary, Dr, LLB., MDE.</p> As always, Bill - you've got…tag:www.adrhub.com,2014-11-05:4905899:Comment:623892014-11-05T05:01:10.625ZJeffrey Arestyhttp://www.adrhub.com/profile/JeffreyAresty
<p>As always, Bill - you've got some great ideas to bring to the fore. Maybe all I can do at this stage is offer a couple of the examples we are working with, and, just say parenthetically, that the core team, of course, includes software developers, but just as important, it includes government folks, judges, academics, business leaders, non profits... you get the idea - we are being as inclusive as we can.</p>
<p>The point for ODR folks is to find cases in a law bound world that are…</p>
<p>As always, Bill - you've got some great ideas to bring to the fore. Maybe all I can do at this stage is offer a couple of the examples we are working with, and, just say parenthetically, that the core team, of course, includes software developers, but just as important, it includes government folks, judges, academics, business leaders, non profits... you get the idea - we are being as inclusive as we can.</p>
<p>The point for ODR folks is to find cases in a law bound world that are susceptible to resolution (or even prevention) because of innovative uses of technology. We are using the term 'justice layer of the internet' to build on to the communication infrastructure of the internet a set of tools and rules that are available to groups everywhere to build innovative justice applications that help resolve or prevent specific cases. Initially, we are working with government to assist vulnerable members of the population to give them tools to empower their situations (children are an initial group). We are also working in the environmental area - so much data is being collected, but to wait for an enforcement action to be brought to use that data in a preventive way is such an incredible waste! What kind of algorithms could be built to use that data to tell the story of how a climate is changing in specific ways (not pointing the finger - just telling the facts).</p>
<p>It is an early stage for our project, but clearly ODR folks are among the most knowledgeable folks around when it comes to understanding the way the technology works, the way to explain and educate others about it - and, what we are doing by partnering up with the law bound world is to find cases that we can work on to bring innovative solutions to - but to do it in a way that uses the communication infrastructure and multidisciplinary groups, to allow us to 'scale' answers.</p> Raising this issue of a justi…tag:www.adrhub.com,2014-11-04:4905899:Comment:624942014-11-04T22:55:30.090ZBill Wartershttp://www.adrhub.com/profile/BillWarters
<p>Raising this issue of a justice layer reminded me of the <a href="http://blog.law.cornell.edu/voxpop/2011/03/01/on-a-legal-framework-in-a-virtual-world-lessons-from-the-virtuallife-project/" target="_blank">EU-funded VirtualLife</a> project that sought to first build this kind of justice and accountability layer into a closed system like Second Life and then expand it once some foundation concepts were tested. I believe the idea included the possibility of lillypad like overlapping system…</p>
<p>Raising this issue of a justice layer reminded me of the <a href="http://blog.law.cornell.edu/voxpop/2011/03/01/on-a-legal-framework-in-a-virtual-world-lessons-from-the-virtuallife-project/" target="_blank">EU-funded VirtualLife</a> project that sought to first build this kind of justice and accountability layer into a closed system like Second Life and then expand it once some foundation concepts were tested. I believe the idea included the possibility of lillypad like overlapping system nodes with their own kinds of autonomy. Here's an image from a write up the project.</p>
<p><a href="http://blog.law.cornell.edu/voxpop/files/2011/02/cyras21.jpg" target="_blank"><img src="http://blog.law.cornell.edu/voxpop/files/2011/02/cyras21.jpg?width=500" width="500" class="align-full"/></a></p>
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<p>The idea being developed was that there are different types of rules in virtual spaces (technical, legal, reputation-based, energy-in based), some easier to enforce than others. </p>
<p>While I get the idea of a "law bound" world controlled by one set of software developers, the world internet system seems way more difficult to wrangle when you move beyond simple technical controls to try and develop and enforce broader sets of shared norms.</p>
<p>Does this experiment offer any ideas for us as ODR folks?</p> I've always thought that the…tag:www.adrhub.com,2014-11-04:4905899:Comment:626122014-11-04T21:21:38.264ZEthan Katshhttp://www.adrhub.com/profile/EthanKatsh
<p>I've always thought that the public sector should be leading the charge for ODR. It hasn't happened that way but framing the problem as Jeff does makes sense and may even bring innovation from the public sector.</p>
<p>I've always thought that the public sector should be leading the charge for ODR. It hasn't happened that way but framing the problem as Jeff does makes sense and may even bring innovation from the public sector.</p> Thanks for the reply! I agre…tag:www.adrhub.com,2014-11-04:4905899:Comment:624792014-11-04T19:15:12.707ZJeffrey Arestyhttp://www.adrhub.com/profile/JeffreyAresty
<p>Thanks for the reply! I agree wholeheartedly that this has to be a team effort. No one entity can build the justice layer of the internet, but a vanguard needs to assemble around the areas that can benefit most from the work. My view is that the work in legal aid, millions of cases with little or no access to justice in any real sense, can benefit greatly from technological intervention. In these arenas, we can build upon coalitions that have all ready organized around the access to…</p>
<p>Thanks for the reply! I agree wholeheartedly that this has to be a team effort. No one entity can build the justice layer of the internet, but a vanguard needs to assemble around the areas that can benefit most from the work. My view is that the work in legal aid, millions of cases with little or no access to justice in any real sense, can benefit greatly from technological intervention. In these arenas, we can build upon coalitions that have all ready organized around the access to justice theme and partner with them on pilot cases to demonstrate where we can add value.</p>
<p>Conflicts of interest are going to be inevitable - this is a huge challenge. Intellectual property issues will come up at the outset, as well as deciding how to fund the groups that take on the challenge. But for profit companies will have a role, and, we should let them - just define the terms of engagement up front. A little history can show what happens when a vanguard fails to form. </p>
<p> Recent history demonstrates the lack of trust that society generally has with letting for profit companies lead the development of a public commons asset - witness the entire debacle surrounding digital identity.The earliest efforts to gain control and/or to define its parameters go back to 1989, and, since then, any number of public and private parties have stepped up to define the area. With what success? Very little other than a huge mess of digital identities/passwords which has led to cyberhacking, identity theft, the growth of identity protection business; all of which could have been forestalled if at the very beginning we had all taken some initiative to control our digital identities. We didn't as a society, and, it has gotten out of hand. So, the lesson for the justice layer of the internet's development is that we have to recognize that as long as we all put our interests 'on the table', are transparent and honest about them, and, we work collaboratively toward building a fair, equitable and honest justice layer - good things can happen. And, sure, some will benefit on the capital side - but I think that's probably ok as so many can benefit due to the potential to increase access to justice.</p> This is a great discussion.…tag:www.adrhub.com,2014-11-04:4905899:Comment:623702014-11-04T17:52:22.420ZKrista Grace Jessacherhttp://www.adrhub.com/profile/KristaGraceJessacher
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<p>This is a great discussion.</p>
<p>It is my suggestion that the importance of building relationship partners to bring a justice layer to the internet is essential. The task is too significant to achieve successfully without partnerships with other organizations, entities and quasi-governmental bodies. </p>
<p>It is my belief that a justice layer to the internet is much sought after. In some cases, young people are disillusioned that it won't happen soon enough. In other cases,…</p>
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<p>This is a great discussion.</p>
<p>It is my suggestion that the importance of building relationship partners to bring a justice layer to the internet is essential. The task is too significant to achieve successfully without partnerships with other organizations, entities and quasi-governmental bodies. </p>
<p>It is my belief that a justice layer to the internet is much sought after. In some cases, young people are disillusioned that it won't happen soon enough. In other cases, people are concerned that personal interests have trumped the objective of a justice layer to the internet (conflict of interest). </p>
<p>One of the questions may be - to what extent is conflict of interest limiting the proper development of a justice layer of the internet?</p>
<p>Krista</p>