3. Principles and regulation of internet law

 

1. Internet law 

• Term Internet law refers to issues of internet jurisdiction 

• Deals with the most important issues of the application of law on the Internet, which are not assigned to other institutes or branches of law: 

• internet jurisdiction, 

• activities of cyberspace intermediaries, 

• internet domain names, 

• content and information services (provided on the Internet), 

• legal issues of internet administration. 

2. Domain names 

Domain names – symbolic names of the Internet address space, identifying the provider of its content, goods, services or information. 

 

3. The content of the Internet 

The content of the Internet consists of all information, goods and services, including harmful (restricted) content (e.g. violent, erotic or pornographic information, goods and services) and illegal (forbidden, unwanted) content (e.g. child pornography, illegal copies of intellectual property, etc.). 

 

4. Jurisdiction 

Jurisdiction issues on the Internet consist of two main institutions: 

• the laws applicable on the Internet and 

• the powers of state institutions to regulate (resolve disputes, make binding decisions, apply sanctions) public relations on the Internet. 

5. Providers of information society services  

Providers of information society services (provided on the Internet) shall be considered all information society service providers, i.e. usually persons providing services for remuneration by electronic means and at a distance at the individual request of the recipient of the information society service. 

 

6. Internet intermediary 

• Internet intermediary refers to a company that facilitates the use of the Internet. 

• Internet intermediaries can be considered entities that ensure the functioning of the Internet infrastructure, provide Internet access, hosting, content publication and transmission services. Such are the providers of information society services (provided on the Internet). 

• In fact, Internet intermediaries are Internet access service providers, various Internet portals where users can submit their information (e.g., files, comments, etc.). 

• The university is also an Internet intermediary, as it provides Internet access, e-mail, and web page placement services for employees and students. 

• A person who puts his own or self-selected known information of other persons is not considered an Internet intermediary. 

• The Internet intermediary is not obliged to control and check the information that the recipients (users) of the Internet intermediary's services send, receive, publish, store, etc., using the Internet intermediary's infrastructure. 

7. Internet administration 

Internet administration consists of general Internet standards (such as the system of Internet addresses and domains, data transfer protocols, etc.) and the solution of other general issues related to the global functioning of the Internet. 

8. Application of jurisdiction 

Jurisdiction decides which state's law will apply and which state's courts will hear the dispute. 

Although the nature of the electronic space is global, the application of state law on the Internet is one of the most important and still unequivocally unresolved legal problems. 

9. Which jurisdiction? 

• The main general principle of determining jurisdiction is geographical territoriality - completely inappropriate on the Internet, because electronic space is global and has no limitations. 

• The dissemination of electronic content and services on the Internet is not limited by national borders or geography, nor by the location of their providers or users, but only by the desire of the latter to receive certain content or services. 

10. The daily life of the Internet 

The daily life of the Internet is as follows: 

• distributed information, goods and services that are completely prohibited or restricted in a certain state; 

• those who provide information, goods and services and mediate them the acquiring persons are in different countries; 

• the persons committing tort or other legal violation on the Internet and suffering damage are in different states. 

11. Different territories on the Internet 

• The unequal territoriality of persons who are parties to legal relations on the Internet is essentially the rule, not the exception. 

• The operation of e. space does not remove the obligations of individuals according to the laws of the country in which they operate, but online it means that each party to the legal relationship is guided by the law of its own country, which can be radically opposite on many issues. 

12. Principle of universal jurisdiction 

The principle of universal jurisdiction, according to which a dispute can be heard in any country in the world, is unsuitable for the Internet: 

• the internet is a normal part of everyday life, 

• in some countries (e.g. Finland) the unfettered right to use the Internet is an independent human right that is from traditional communication and media freedoms, 

• e. space has no "central authority", 

• completely unrelated to the exercise of the sovereignty of states, 

• there are no universal international agreements on its status (such as on the status of other shared spaces - outer space or the Antarctic territory). 

13. How and Where Jurisdiction Issues are Resolved? 

1. How? 

Jurisdiction issues are resolved based on the laws of the countries, bilateral or multilateral international agreements. 

2. Where? 

• The dispute can be settled in the country chosen by the agreement of the parties. 

• by location of adverse effects 

• by location of damage 

• by location of the item 

14. Internet jurisdiction regulation in the EU and Lithuania 

• Based on the traditional principles of jurisdiction, two models are used to solve its questions in European civil law: 

• First is The Vienna Convention on Contracts for the International Sale of Goods (1980 April 11); applies to private entities. 

• Second is based on the principles of private international law. 

• In other cases, questions of jurisdiction are decided in Europe according to the 1968 September 29 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, it is the primary source of law on jurisdictional issues in all civil cases. 

15. Specific regulation for Internet 

1. Rome I Regulation (EU Regulation (EC) 593/2008) 

• EU Regulation (EC) 593/2008 (also called Rome I Regulation) is also important in deciding jurisdictional issues. The territorial principles cannot be applied if the activity cannot be linked to the country of residence, but from the totality of the circumstances the activity is more related to another state. 

• When analyzing these provisions in relation to electronic transactions and torts, the following circumstances should be considered: 

• the method of concluding the electronic contract, 

• the language of the web page, 

• the domain in which the web page is located, registered, e-commerce currency, terms and conditions set on the website itself to which its users must agree, etc. 

The location of the servers on which the web page or its parts are stored is completely irrelevant. 

2. EU Directive 2000/31/EC 

• EU Directive 2000/31/EC on electronic commerce is one of the primary sources of specific internet jurisdictional principles. This directive formulates the most important principle of jurisdiction of origin of information society services, it states that the service provider (a person providing services in e-space) is generally subject to the jurisdiction of the states in which he actually operates (is established), but not to the states where he is physically located the internet server or website used to carry out the activity, laws. This principle is not absolute. 

• The principles set out in the directive are implemented in the Civil Code of the Republic of Lithuania (hereinafter referred to as the Civil Code). 

ChatGPT recap on EU Directive 2000/31/EC: 

Directive 2000/31/EC, commonly known as the "E-Commerce Directive," is a European Union directive adopted on June 8, 2000. Its main purpose is to establish a legal framework for the provision of electronic commerce services within the EU. Here's a recap of its key provisions: 

1. **Scope:** The directive applies to information society services, which broadly include online services such as online retail, social media platforms, and other digital services provided at a distance via electronic means. 

2. **Country of Origin Principle:** The directive introduces the "country of origin" principle, which means that service providers only need to comply with the laws and regulations of their home country (where they are established) rather than adhering to the diverse regulations of each EU member state where their services are accessed. 

3. **Limited Liability for Intermediaries:** The directive provides a legal framework for the liability of intermediary service providers, such as internet service providers (ISPs) and hosting providers. These intermediaries are generally not held liable for the content transmitted or stored on their platforms, provided they act as mere conduits and promptly remove or disable access to illegal content upon becoming aware of it. 

4. **Information Requirements:** The directive establishes certain information requirements for online service providers, ensuring that consumers have access to essential information about the service provider, the services offered, and the terms and conditions. 

5. **Commercial Communications:** The directive addresses commercial communications, including rules on unsolicited commercial communications (spam). It requires member states to implement measures to prevent unsolicited communications for direct marketing purposes unless the recipient has given prior consent. 

6. **Codes of Conduct and Alternative Dispute Resolution:** Member states are encouraged to promote the development of codes of conduct for information society service providers, and they should also facilitate the establishment of bodies for out-of-court dispute settlements. 

The E-Commerce Directive plays a crucial role in fostering the growth of electronic commerce within the EU by providing a legal framework that balances the interests of service providers, consumers, and other stakeholders. It promotes the free movement of information society services across member states while addressing issues related to liability, consumer protection, and the regulation of online activities. 

16. Competition of principles 

Jurisdiction over online resources is determined by competing principles of countries of origin and destination. 

• The first (principle of the country of origin) applies when you seek to bring a case online to the court of the country where the digital content was uploaded. 

• The second principle is based on the criterion of the place of obtaining information (injury) while maintaining a link with the person who received the specific information - his permanent or temporary place of residence. 

17. Importance of a domain name. Additional functions of domain names 

• A domain name is like a trademark in terms of its function 

• helps distinguish one person's goods, services and/or information e. space from other person's goods, services and/or information 

• domain names are becoming increasingly popular and registered as trademarks. Some famous names (such as Google or Skype) were first registered as domain names, and only after they became popular, as trademarks 

• identification of the origin (source) of goods, services and/or information 

• quality assurance 

• domain names can clearly identify the region of origin of a web page (in this respect they are similar to geographic references) or even a specific person (company) to which the web page belongs 

18. Legal status of domains 

• Usually domains are legally regulated by a contract between the domain holder and its registrar 

• Domain names are not considered intellectual property because they do not meet any requirements of originality or novelty and in most cases are secondary, i.e. person's name or title, type of activity, etc. replication. For these reasons, a domain name can only be considered quasi intellectual property (such as geographical indications) 

• Domain names, like other civil rights, can be subject to civil turnover. 

19. Domain dispute resolution 

• in 1999 October 29 The ICANN Association, in cooperation with the World Intellectual Property Organization (WIPO), developed and adopted the General Rules for the Resolution of Domain Name Disputes 

• applies to all top-level domains: .aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi , ".museum", ".name", ".net", ".org", ".pro", ".tel" and ".travel" and for some country (national) top-level domains, also in the EU for the regional domain ".eu" 

• Other countries adapt their national law according to these rules 

ChatGPT recap on “General Rules for the Resolution of Domain Name Disputes”: 

ICANN (Internet Corporation for Assigned Names and Numbers) and WIPO (World Intellectual Property Organization) are two organizations that play significant roles in the management and resolution of domain name disputes. Here's a short recap of the general rules for the resolution of domain name disputes issued by both ICANN and WIPO: 

### ICANN - Uniform Domain-Name Dispute-Resolution Policy (UDRP): 

1. **Scope:** The UDRP applies to disputes regarding domain names that are identical or confusingly similar to existing trademarks, where the domain registrant has no legitimate rights or interests in the domain, and the domain has been registered and used in bad faith. 

2. **Complaint Filing:** The complainant initiates the dispute resolution process by filing a complaint with an approved dispute resolution service provider. 

3. **Response:** The domain registrant has an opportunity to respond to the complaint, presenting evidence of their legitimate rights or interests in the domain and refuting claims of bad faith. 

4. **Decision:** An independent panel reviews the evidence and issues a decision, which may result in the transfer or cancellation of the disputed domain name. 

5. **Binding and Enforcement:** The decision is binding on both parties, and domain registrars are obligated to implement the decision. Legal action in a court of law is still an option after the UDRP process. 

### WIPO - Uniform Domain Name Dispute Resolution Policy (UDRP): 

1. **Scope:** WIPO's UDRP is similar to ICANN's and applies to domain name disputes involving identical or confusingly similar trademarks, lack of legitimate rights, and bad faith registration and use. 

2. **Filing a Complaint:** The complainant initiates the process by filing a complaint with WIPO, specifying the grounds for the dispute. 

3. **Response:** The respondent has an opportunity to respond to the complaint, presenting evidence in their favor. 

4. **Decision:** A panel of WIPO experts reviews the case and issues a decision. The decision may include the transfer or cancellation of the domain name. 

5. **Enforcement:** WIPO does not have enforcement powers, but its decisions are recognized by domain registrars, who implement the decisions. Legal action in a court of law remains an option. 

Both ICANN's and WIPO's dispute resolution policies aim to provide a streamlined and efficient mechanism for resolving domain name disputes, particularly those involving trademark issues. They offer a quicker and less costly alternative to traditional litigation, emphasizing fair and impartial decision-making by expert panels. 

20. Main rules for dispute solving 

• must undertake that the domain name requested to be registered "will in no way infringe the rights of third parties", 

• can only request either domain name transfer (re-registration) or cancellation of registration. The satisfaction of any other requirements (e.g. compensation for losses) or the application of measures (e.g. asset seizures) according to the General Rules for the Resolution of Domain Name Disputes are not foreseen. 

21. What needs to be proven 

• The general rules for the resolution of domain name disputes require the applicant seeking to substantiate his claim to prove three necessary circumstances: 

• the defendant's domain name is identical or confusingly similar to the applicant's mark to which the applicant has official rights; 

• the defendant has no reasonable rights or legitimate interest in the domain name; 

• the respondent's domain name was registered and used unfairly against the applicant. 

22. Cases in Lithuania 

• Until 2009 Lithuanian courts refused to resolve the issue of forced transfer of the domain on the grounds that there is no such method of defending violated rights in Lithuanian law, 

• In the case of "burgerking.lt", the courts decided to apply forced transfer of the domain. In court practice, a position has been formed to follow ".eu" Regulation no. 874/2004 

• Later, a practice was formed that the rights to the domain name can be contested on the basis of the rights to the company name ("manoduomenys.eu" and "manoduomenys.com", UAB Mano duomenys vs UAB Matrix) 

• The original owner of the "švyrutys.lt" domain was obliged to transfer the domain to "Švyrurys-Utenos alus" after offering to repurchase the domain 

23. Cybersquatter 

• A private person has registered an Internet address space token the name www.pienožvaigždės.lt, therefore also violated Article 2.42 of the Civil Code of the Republic of Lithuania. 

• In this case, it should be emphasized that the actions of the defendant can be seen as signs of piracy (cybersquatter) recognized in international legal practice, when the deliberate registration of Internet addresses that include domain names similar or identical to foreign trademarks is carried out, with attempts to sell or license such domain names to genuine to the owners of the trademarks, since the website www.pienožvaigždės.lt does not exist and was not used to provide any information of the defendant, and the plaintiff was given an offer to buy the said website. 

 

24. Principles of internet law 

1. Principles of anonymity and privacy 

Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states: 

• Everyone has the right to respect for his personal and family life, the inviolability of his home and the confidentiality of correspondence. 

• Government officials do not have the right to interfere with the exercise of this right, except in the cases provided for by law and when it is necessary in a democratic society in the interests of state security, public order or the economic wellbeing of the country, in order to prevent violations of the law or crimes, as well as the health or morals of the population or other people to protect rights and freedoms. 

2. Principles of functional equivalence and technological neutrality 

The essence of the principle of functional equivalence is that the same or similar services must be subject to the same regulation. According to the principle of technological neutrality, any regulation must not favor or disadvantage certain technologies, i.e. the user is given the opportunity to choose which technology is most acceptable to him. 

3. The principle of non-discrimination of the electronic data form 

An electronic document must simply perform the same functions as a written one. Functional requirements for electronic data reporting: 

• the document must reliably present the information recorded in it; 

• the document must not change for a sufficiently long period of time; 

• the document must allow reliable identification of the person or persons who created it and confirmed the information in it. 

4. The principle of globality of the Internet 

The Internet does not have borders set by states and time limits. 

5. The principle of interactivity 

• Interactivity is the ability to communicate, spread information, one's views and, most importantly, receive real-time answers to them. 

• The current situation with traditional television, radio, mass media, they all lack interactivity, because the person participates passively (information is received, without any opportunity to express oneself). 

• The transfer of mass media to the Internet provides an opportunity to hold a discussion, to participate in active discussion of the issues under consideration. 

6. The principle of promoting self-regulation 

• The Internet has historically developed unregulated by the state, and most rules of conduct have emerged as customs created by self-regulation. Since Internet resources are mostly managed by private entities, it is much more logical to encourage these entities to take self-regulation measures. 

• Example - reports of negative comments.