Chronological Developments in Cyberspace Law
Author: shahid jamal tubrazy
CHRONOLOGICAL DEVELOPMENTS IN CYBERSPACE LAW BY S J TUBRAZY Law and organized social living are integral parts of each other; modern human life is complex one but organized as well. How much modern life is being organized it is becoming more protégé of electronic and digital gear and internet. Internet is the most advanced electronic communication system. Its role and function are being developed as inevitable part of life of man of this age. The legal developments in the history of internet are in initial stage we may trace the footsteps of legal development which has opted nationally and internationally. UNCITRAL was established by UN in 1966 and it is stand for United Nation Commission on international Trade Law. Its basic purposes among various others to promote and adoption of new international conventions, model laws (a model law is a legislative text that is recommended to states for enactment as part of their national law) and uniform laws for international trade laws. The models laws which have been adopted by UNCITRAL in relating to the electronic commerce and electronic signatures were as underneath; 1. Model law on Electronic Commerce 1996. 2. Model law on Electronic Signature 1998- 2001. These model laws played a fundamental role for preliminary enactment of electronic laws in various countries. Wipo Copy Right Rules 1996 and Wipo Performance and Phonograms Treaty Rules 1996 are regulating the copy right infringements and trade mark issues at nationally and internationally. The ICANN Uniform Domain Name Disputes Resolution Policy 1998 a non-profit corporation that was created to supervise a number of Internet-related. The Digital Millennium Copyright Act 1998 (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works and it also criminalizes the act of dodging an access control, whether or not there is actual infringement of copyright itself. The European Union passed the EU Copyright Directive or EUCD 2001, which addresses several of the issues as to criminalize production and broadcasting of technology, devices, or services intended to circumvent measures that control access to copyright. The Information Technology Act was enacted in the year 2000 with a view to give an impetus to the growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide. The Electronic Transaction Ordinance 2002 and Prevention of Electronic Crime Ordinance 2008 were enacted in Pakistan to provide legal recognition for e-commerce and e-transaction and to prevent computer based crimes in the contemporary digital age. Evolution of legal process always run side by side the society move, problems and issues are always interrelated to all kinds of facilities that man adopts. The electronic age required to be recognized its uniform legal existence to resolve its issues coming forth. Model Laws and rules adopted by UNCITRAL are basis of all electronic laws and rules enacted and introduced at nations. World recognized uniform laws, rules and policies can only resolve the all electronic issues successfully. (The Author is attorney of cyber laws in Pakistan)
Article Source: http://www.articlesbase.com/cyber-law-articles/chronological-developments-in-cyberspace-law-726083.html
About the Author:
He supposed to be a cyber laws expert here in Pakistan, He is practicing lawyer and have written two books recently and he did exhaustive commentary of prevention of electronic crimes ordinance 2007, he very often writes articles in national and international wide newspapers and forums, if someone just write s. j tubrazy in google search engine various results would be reached about his research works.
Thursday, January 22, 2009
Cyber Crimes, Space and so Forth -a Concept of Cyber Laws
Cyber Crimes, Space and so Forth -a Concept of Cyber Laws
Author: Siddharth Chitturi
Cyber law is a generic term, which refers to all the legal and regulatory aspects of Internet and the World Wide Web. This cyber law governs a boundless, timeless, space less, medium which has emerged to environ the future business, known as “cyber medium or cyber space”. The electronic medium that is being discussed here is the “internet”. The popularity of internet raised many critical questions about the regulations and the governance of various aspects. Internet grew in a completely unplanned and unregulated manner and continuing grow rapidly. With the population of Internet multiplying about every 100 days; the internet is becoming the new chosen atmosphere of the world. As the internet users are increasing day to day, the scope for committing crimes also increases. Therefore a need for a Law that would govern this medium was seen. Under the laws for cyber space certain acts have been identified and classified as cyber crimes. A cyber crime is an offence whereby the mode of committing the offence is a computer system and the means is the internet. The psychological factors behind the person committing such cyber crimes can identified as greed, revenge, frustration, grievance and mismanagement. The acts classified as offences under the cyber law are; Hacking , Cyber stalking, Denial of service attack, Virus dissemination, Software piracy, Phishing , & Child Pornography etc. These crimes are real and are affecting everyone, individuals, business organizations, nation states & the international communities. These cyber crimes may be committed against Individuals, Organization, Company, Group of Individuals and Society at large. As the times pass by evolution of almost every thing tales place, so did an evolution take place in the cyber crimes. With the emergence of “ Cyber Terrorism” this was evident. Cyber Terrorism can be said to be the act of controlling a victim’s computers, allied information technology, particularly through the cyber space (Internet), to cause physical, real-world harm or severe disturbance. As the Internet continues to expand, and computer systems continue to be allocating more responsibility and while becoming more & more complex and interdependent, disruption or terrorism via cyberspace may become a more grave danger. In the ordinary course of time, when an offence is committed by an individual, the subsequent action is either police report of the offence or investigation. On the successful completion of the investigation the offence is adjudicated by the judiciary, same is the case with Cyber Crimes. There are some techniques prescribed for investigation of such cyber crimes and there are also adjudicating authorities or courts established in order to hear and dispose these cases of cyber crimes. Investigations into cyber crimes can be done through Computer Forensics and Time Stamping . Computer forensics is the process of Identifying, Procuring, Analyzing, & Presenting Digital Evidence in a manner that is legally acceptable in the court of law. Computer forensics is used to conduct investigations into computer related incidents whether the incident is an external intrusion into your systems, internal frauds or staff breaching your security policy. The most important factor in the investigation of cyber crimes is to prove the “Time” of the occurrence of the crimes, as time stands to be most important factor in computer forensics it is very important. Under the concept of time stamping crimes are synchronized as events of an accurate clock. In the case of cyber crimes it is almost impossible to commit a crime without leaving a time trail. The results of the time stamping are regarded as to be as undisputable evidence. Time stamping speeds up the investigation and dissuades the cyber criminals. Adjudication of offences under any law is very important in order to penalize the offender. Adjudication is the legal process by which the Judge reviews the evidence and the arguments, including legal reasoning set forth by parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved, or in other common sense adjudication is the normal court procedure. The courts in United States of America have already begun taking cognizance of various kinds of fraud and crimes being committed in the internet. The victims of such Cyber crimes have found no healing remedy, they can either claim for civil damages or wait for the culprits to be caught and be tried under provisions, made for such offences committed in cyberspace. In India, with the Information Technology Act, 2000 being in force the establishment an adjudicating authority is clearly visible under the Section 46, Chapter IX. This provision states that the Central Government may establish one or more cyber regulation appallet tribunals / cyber appallet tribunals, in order to adjudicate upon the matters of cyber crimes. It is further stated that all matters in such context may be referred to the High Court only through appeal. The statutes like Information Technology Act, 2000 and Indian Penal Code, 1860 lay certain provisions classify certain acts done through internet as offences under the law. Globalization has caused a tremendous increase in the IT sector, resulting in the increase of cyber crimes in each and every corner of the world including the developing countries like India, Japan etc. These nations have opted for their own measures against such internet related offences. It is a very evident fact about the growth and evolution of laws through out the world, as the world grew larger so did the necessity of governing rules and regulations in the form of law were seen at a high priority. Today, same shall be the case with growing cyberspace and its allied difficulties.
Article Source: http://www.articlesbase.com/cyber-law-articles/cyber-crimes-space-and-so-forth-a-concept-of-cyber-laws-679788.html
About the Author:
Iam 22years old, resident of Hyderabad,India.pursuing Honors in BBM.LLB from The ICFAI Law School at Dehradun, India. My hobbies are reading and surfing the internet. I have great interest in Information technology and mobile technology and at leisure I write articles on law topics, some of them have been published online. I have participated in essay competitions and have won them at 1st and 2nd positions.
Author: Siddharth Chitturi
Cyber law is a generic term, which refers to all the legal and regulatory aspects of Internet and the World Wide Web. This cyber law governs a boundless, timeless, space less, medium which has emerged to environ the future business, known as “cyber medium or cyber space”. The electronic medium that is being discussed here is the “internet”. The popularity of internet raised many critical questions about the regulations and the governance of various aspects. Internet grew in a completely unplanned and unregulated manner and continuing grow rapidly. With the population of Internet multiplying about every 100 days; the internet is becoming the new chosen atmosphere of the world. As the internet users are increasing day to day, the scope for committing crimes also increases. Therefore a need for a Law that would govern this medium was seen. Under the laws for cyber space certain acts have been identified and classified as cyber crimes. A cyber crime is an offence whereby the mode of committing the offence is a computer system and the means is the internet. The psychological factors behind the person committing such cyber crimes can identified as greed, revenge, frustration, grievance and mismanagement. The acts classified as offences under the cyber law are; Hacking , Cyber stalking, Denial of service attack, Virus dissemination, Software piracy, Phishing , & Child Pornography etc. These crimes are real and are affecting everyone, individuals, business organizations, nation states & the international communities. These cyber crimes may be committed against Individuals, Organization, Company, Group of Individuals and Society at large. As the times pass by evolution of almost every thing tales place, so did an evolution take place in the cyber crimes. With the emergence of “ Cyber Terrorism” this was evident. Cyber Terrorism can be said to be the act of controlling a victim’s computers, allied information technology, particularly through the cyber space (Internet), to cause physical, real-world harm or severe disturbance. As the Internet continues to expand, and computer systems continue to be allocating more responsibility and while becoming more & more complex and interdependent, disruption or terrorism via cyberspace may become a more grave danger. In the ordinary course of time, when an offence is committed by an individual, the subsequent action is either police report of the offence or investigation. On the successful completion of the investigation the offence is adjudicated by the judiciary, same is the case with Cyber Crimes. There are some techniques prescribed for investigation of such cyber crimes and there are also adjudicating authorities or courts established in order to hear and dispose these cases of cyber crimes. Investigations into cyber crimes can be done through Computer Forensics and Time Stamping . Computer forensics is the process of Identifying, Procuring, Analyzing, & Presenting Digital Evidence in a manner that is legally acceptable in the court of law. Computer forensics is used to conduct investigations into computer related incidents whether the incident is an external intrusion into your systems, internal frauds or staff breaching your security policy. The most important factor in the investigation of cyber crimes is to prove the “Time” of the occurrence of the crimes, as time stands to be most important factor in computer forensics it is very important. Under the concept of time stamping crimes are synchronized as events of an accurate clock. In the case of cyber crimes it is almost impossible to commit a crime without leaving a time trail. The results of the time stamping are regarded as to be as undisputable evidence. Time stamping speeds up the investigation and dissuades the cyber criminals. Adjudication of offences under any law is very important in order to penalize the offender. Adjudication is the legal process by which the Judge reviews the evidence and the arguments, including legal reasoning set forth by parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved, or in other common sense adjudication is the normal court procedure. The courts in United States of America have already begun taking cognizance of various kinds of fraud and crimes being committed in the internet. The victims of such Cyber crimes have found no healing remedy, they can either claim for civil damages or wait for the culprits to be caught and be tried under provisions, made for such offences committed in cyberspace. In India, with the Information Technology Act, 2000 being in force the establishment an adjudicating authority is clearly visible under the Section 46, Chapter IX. This provision states that the Central Government may establish one or more cyber regulation appallet tribunals / cyber appallet tribunals, in order to adjudicate upon the matters of cyber crimes. It is further stated that all matters in such context may be referred to the High Court only through appeal. The statutes like Information Technology Act, 2000 and Indian Penal Code, 1860 lay certain provisions classify certain acts done through internet as offences under the law. Globalization has caused a tremendous increase in the IT sector, resulting in the increase of cyber crimes in each and every corner of the world including the developing countries like India, Japan etc. These nations have opted for their own measures against such internet related offences. It is a very evident fact about the growth and evolution of laws through out the world, as the world grew larger so did the necessity of governing rules and regulations in the form of law were seen at a high priority. Today, same shall be the case with growing cyberspace and its allied difficulties.
Article Source: http://www.articlesbase.com/cyber-law-articles/cyber-crimes-space-and-so-forth-a-concept-of-cyber-laws-679788.html
About the Author:
Iam 22years old, resident of Hyderabad,India.pursuing Honors in BBM.LLB from The ICFAI Law School at Dehradun, India. My hobbies are reading and surfing the internet. I have great interest in Information technology and mobile technology and at leisure I write articles on law topics, some of them have been published online. I have participated in essay competitions and have won them at 1st and 2nd positions.
Troubling New”spam” to Cell Phones Discovered
Troubling New”spam” to Cell Phones Discovered
Author: Brent Vanderstelt
Troubling new”Spam” to Cell Phones Discovered In a day and age when spam is rampant on the internet, now our phones, especially cell phones through text messaging are now the target. With the advent of auto-dialers, autodialler, or automatic calling unit is an electronic device that can automatically dial telephone numbers to communicate between any two points in the telephone, mobile phone and pager networks. Once the call has been established (through the telephone exchange) the autodialer will announce verbal messages or transmit digital data (like SMS messages) to the called party. A key technology for autodialers is the ability to detect live human pickup and answering machine. Since there is no indication/hardware signal when a call is answered by an answering machine or voicemail system, autodialer systems have to analyze incoming audio in order to make a prediction. Today, there is no algorithm that can achieve 100% accuracy. Telemarketer Auto Dialer An enterprise grade dialer must provide two key features. First, it must be capable of making large number of simultaneous phone calls; and second, it must provide an application programming interface (API) for system integration. Almost all enterprise grade autodialers employ computer networking technology, since voice boards have fixed number of ports and cannot be scaled up. In order to make 2000 simultaneous phone calls, for example, a group of computers have to be linked together to provide the support for that many phone lines. Some advanced enterprise dialers are distributed dialers, i.e., independent dialers that are linked together through the Internet and controlled by a call dispatching program. With distributed computing, there is virtually no limit on scalability. All distributed dialers, by definition, can be accessed remotely. PC to Phone Auto Dialer broadcast voice messages like a robot. It is ideal for group event reminders, marketing or political campaign promotion, events notification and more. Excel spreadsheet interface makes it easy to create or import any phone list. Simply record your message in an audio file and then use the built-in calendar to set a call time with built in remote access capability. As an internet marketer of Your Travel Buddy Vacation Rentals , a free vacation rental directory and Fortune Hi Tech Marketing and Zurvita home based businesses, I am troubled by this. Why am I troubled by the use of auto dialers? For one, I now receive and average of 6-8 calls per day to my personal cell phone from every home based business opportunity on the internet, and this is new technology. Wait another year as this service becomes more popular, you can bet an internet marketer such as myself can expect hundreds of calls a day! But internet marketers are not the only ones that we be affected by the use of auto dialers. Just like email lists for spam, they will be companies that sell phone numbers for the purpose of making money selling lists to these new phone spammers. What if your phone is on the “NATIONAL, DO NOT CALL REGISTERY”? Well it does not seem to matter as my cell phone has been on the registry since its inception and I still get blasted. These services state in their advertisements that their “lists” are scrubbed against the National Do Not Call Registry, and there is no fear of being in violation is utterly false, I am a prime example. The newest version of the auto dialer is to allow spam through text messaging. URRRG. I am snot sure how to combat this new form of spam, but I can tell you that it is going to get worse. I only recourse will be to remove my name, number and email address from all my promotion material for my home based business and change my phone number and hope that people that want to join my home based business opportunities can find me. Here is a copy of a “spam” email message I received about “spamming” cell phones through text messaging” SEND ADS TO Cell PHONES TO REACH MORE PEOPLE BY USING OUR NEW WEB-2-PHONE TECHNOLOGY. New Technology Allows You to Send Email Advertisements to the Cell Phones Of Over 135,000 People! "We Guarantee 100% of All Ads Will Be Opened & Read!" Welcome to Web-To-Phone, the internet marketers Newest and quite possibly most effective way to Drive sales. For years marketers have used all The conventional means to generate income online; Safe lists, solo ads, surfing programs, paid-to- Read-email, you name it. I removed the link because I do not want to promote spam The concept is simple. We use SMS which is a text- Based "Short Messaging Service" that allows mobile Phones to support packet-based text messaging. While we can't send economically or practically To all 2.5 billion cell phones on the planet, we Have amassed over 135,000 opt-inn’s and that's a Pretty hefty number for a new service like ours! When your submission is finished you will receive Notification and feel confident that your ad is on It’s way. Give us a try today and branch out into virgin Territory with your product and service offers And our no questions asked money back guarantee Insures your complete satisfaction. "A Lifetime Membership Is Only $29.95 & Never Another Cent!" There you have, the latest and greatest spam tools are now available to the masses for less than $30.00. Your phone number will be sold thousands of times over and over every time a another new customer applies for this service and a new phone and text messaging spam service opens up and there will be hundreds if not thousands of the spam services available in the next few years.
Article Source: http://www.articlesbase.com/cyber-law-articles/troubling-newspam-to-cell-phones-discovered-652297.html
About the Author:
Brent Vanderstelt is owner of Hess Lake Vacation Rentals in Newaygo Michigan, visit http://www.hesslakerentals.com. Brent has also started a free vacation rental listing service, http://www.ytbvacationrentals.com and also has a popular vacation blog at http://myytbtravel.blogspot.com
Author: Brent Vanderstelt
Troubling new”Spam” to Cell Phones Discovered In a day and age when spam is rampant on the internet, now our phones, especially cell phones through text messaging are now the target. With the advent of auto-dialers, autodialler, or automatic calling unit is an electronic device that can automatically dial telephone numbers to communicate between any two points in the telephone, mobile phone and pager networks. Once the call has been established (through the telephone exchange) the autodialer will announce verbal messages or transmit digital data (like SMS messages) to the called party. A key technology for autodialers is the ability to detect live human pickup and answering machine. Since there is no indication/hardware signal when a call is answered by an answering machine or voicemail system, autodialer systems have to analyze incoming audio in order to make a prediction. Today, there is no algorithm that can achieve 100% accuracy. Telemarketer Auto Dialer An enterprise grade dialer must provide two key features. First, it must be capable of making large number of simultaneous phone calls; and second, it must provide an application programming interface (API) for system integration. Almost all enterprise grade autodialers employ computer networking technology, since voice boards have fixed number of ports and cannot be scaled up. In order to make 2000 simultaneous phone calls, for example, a group of computers have to be linked together to provide the support for that many phone lines. Some advanced enterprise dialers are distributed dialers, i.e., independent dialers that are linked together through the Internet and controlled by a call dispatching program. With distributed computing, there is virtually no limit on scalability. All distributed dialers, by definition, can be accessed remotely. PC to Phone Auto Dialer broadcast voice messages like a robot. It is ideal for group event reminders, marketing or political campaign promotion, events notification and more. Excel spreadsheet interface makes it easy to create or import any phone list. Simply record your message in an audio file and then use the built-in calendar to set a call time with built in remote access capability. As an internet marketer of Your Travel Buddy Vacation Rentals , a free vacation rental directory and Fortune Hi Tech Marketing and Zurvita home based businesses, I am troubled by this. Why am I troubled by the use of auto dialers? For one, I now receive and average of 6-8 calls per day to my personal cell phone from every home based business opportunity on the internet, and this is new technology. Wait another year as this service becomes more popular, you can bet an internet marketer such as myself can expect hundreds of calls a day! But internet marketers are not the only ones that we be affected by the use of auto dialers. Just like email lists for spam, they will be companies that sell phone numbers for the purpose of making money selling lists to these new phone spammers. What if your phone is on the “NATIONAL, DO NOT CALL REGISTERY”? Well it does not seem to matter as my cell phone has been on the registry since its inception and I still get blasted. These services state in their advertisements that their “lists” are scrubbed against the National Do Not Call Registry, and there is no fear of being in violation is utterly false, I am a prime example. The newest version of the auto dialer is to allow spam through text messaging. URRRG. I am snot sure how to combat this new form of spam, but I can tell you that it is going to get worse. I only recourse will be to remove my name, number and email address from all my promotion material for my home based business and change my phone number and hope that people that want to join my home based business opportunities can find me. Here is a copy of a “spam” email message I received about “spamming” cell phones through text messaging” SEND ADS TO Cell PHONES TO REACH MORE PEOPLE BY USING OUR NEW WEB-2-PHONE TECHNOLOGY. New Technology Allows You to Send Email Advertisements to the Cell Phones Of Over 135,000 People! "We Guarantee 100% of All Ads Will Be Opened & Read!" Welcome to Web-To-Phone, the internet marketers Newest and quite possibly most effective way to Drive sales. For years marketers have used all The conventional means to generate income online; Safe lists, solo ads, surfing programs, paid-to- Read-email, you name it. I removed the link because I do not want to promote spam The concept is simple. We use SMS which is a text- Based "Short Messaging Service" that allows mobile Phones to support packet-based text messaging. While we can't send economically or practically To all 2.5 billion cell phones on the planet, we Have amassed over 135,000 opt-inn’s and that's a Pretty hefty number for a new service like ours! When your submission is finished you will receive Notification and feel confident that your ad is on It’s way. Give us a try today and branch out into virgin Territory with your product and service offers And our no questions asked money back guarantee Insures your complete satisfaction. "A Lifetime Membership Is Only $29.95 & Never Another Cent!" There you have, the latest and greatest spam tools are now available to the masses for less than $30.00. Your phone number will be sold thousands of times over and over every time a another new customer applies for this service and a new phone and text messaging spam service opens up and there will be hundreds if not thousands of the spam services available in the next few years.
Article Source: http://www.articlesbase.com/cyber-law-articles/troubling-newspam-to-cell-phones-discovered-652297.html
About the Author:
Brent Vanderstelt is owner of Hess Lake Vacation Rentals in Newaygo Michigan, visit http://www.hesslakerentals.com. Brent has also started a free vacation rental listing service, http://www.ytbvacationrentals.com and also has a popular vacation blog at http://myytbtravel.blogspot.com
Valuable Mediation in Divorce
Valuable Mediation in Divorce
Author: Andrew Tenco
Even when you have known for years that divorce is inevitable, it is still difficult. When two people reach a point where they can no longer live together, divorce may be the only thing that can put an end to an uncomfortable situation. After you decide a divorce is the only solution, it is best to dissolve the marriage quickly and smoothly. Everyone has heard at least one divorce horror story. After 40 years of marriage, when their oldest child finished college, a friend of mine and his spouse divorced. They sat down and discussed the situation and decided to split everything down the middle so that the divorce could be as friendly as possible and avoid causing anyone grief. The husband realized that they had built up a large amount of assets, got greedy, and decided he wanted more than half. He felt he was entitled to retain the bulk of the money because, as a doctor, he had earned a substantial income. His wife used to work in the medical office, then got a real estate license and ran the apartments they had purchased as an investment. She later gave birth to their two children and took care of their enormous house and the family. She believed that she was entitled to half of all of their assets. They had planned to start divorce proceedings in September, when the youngest went back to college, so that things would be normal during the summer and they would all still be together. In July, the husband hired a lawyer that you could liken to a pit bull. What ensued was a calamity. A seemingly simple divorce became a bitter battle. All of the family members suffered from the emotional strain. The children were in their twenties, but they were still devastated by the divorce. The husband's lawyer fought over every little thing and extended the divorce, which made everyone's pain worse, and in the end everything was split right down the middle anyway. In California all couples split their assets evenly. A divorce does not have to be nasty or miserable for the entire family. Mediation allows for a neutral third party to help with the settlement arrangements when a couple divorces. The legal system allows for mediation to assist in negotiating an equitable settlement, to settle the details of visitation and child support, and to help make other important decisions needed during a divorce. Research shows that couples who use mediation during their divorces are happier with the end results. Reduced time in court and lower attorney fees are some of the benefits of divorce mediation. When couples realize that divorce is inevitable, they should both look for sound legal advice. They should try to find lawyers that will work with them and take their needs into consideration. They should also look into mediation to see if it will meet their needs so that they can save time, money, and emotional strain.
Article Source: http://www.articlesbase.com/cyber-law-articles/valuable-mediation-in-divorce-616904.html
About the Author:
When Andrew Tenco and his wife started divorce proceedings, they both agreed to get a Sacramento County divorce mediation lawyer instead of typical Divorce Lawyers in Sacramento . They did not want a vicious Sacramento divorce attorney costing them more money and potentially hurting their family during such an emotional time.
Author: Andrew Tenco
Even when you have known for years that divorce is inevitable, it is still difficult. When two people reach a point where they can no longer live together, divorce may be the only thing that can put an end to an uncomfortable situation. After you decide a divorce is the only solution, it is best to dissolve the marriage quickly and smoothly. Everyone has heard at least one divorce horror story. After 40 years of marriage, when their oldest child finished college, a friend of mine and his spouse divorced. They sat down and discussed the situation and decided to split everything down the middle so that the divorce could be as friendly as possible and avoid causing anyone grief. The husband realized that they had built up a large amount of assets, got greedy, and decided he wanted more than half. He felt he was entitled to retain the bulk of the money because, as a doctor, he had earned a substantial income. His wife used to work in the medical office, then got a real estate license and ran the apartments they had purchased as an investment. She later gave birth to their two children and took care of their enormous house and the family. She believed that she was entitled to half of all of their assets. They had planned to start divorce proceedings in September, when the youngest went back to college, so that things would be normal during the summer and they would all still be together. In July, the husband hired a lawyer that you could liken to a pit bull. What ensued was a calamity. A seemingly simple divorce became a bitter battle. All of the family members suffered from the emotional strain. The children were in their twenties, but they were still devastated by the divorce. The husband's lawyer fought over every little thing and extended the divorce, which made everyone's pain worse, and in the end everything was split right down the middle anyway. In California all couples split their assets evenly. A divorce does not have to be nasty or miserable for the entire family. Mediation allows for a neutral third party to help with the settlement arrangements when a couple divorces. The legal system allows for mediation to assist in negotiating an equitable settlement, to settle the details of visitation and child support, and to help make other important decisions needed during a divorce. Research shows that couples who use mediation during their divorces are happier with the end results. Reduced time in court and lower attorney fees are some of the benefits of divorce mediation. When couples realize that divorce is inevitable, they should both look for sound legal advice. They should try to find lawyers that will work with them and take their needs into consideration. They should also look into mediation to see if it will meet their needs so that they can save time, money, and emotional strain.
Article Source: http://www.articlesbase.com/cyber-law-articles/valuable-mediation-in-divorce-616904.html
About the Author:
When Andrew Tenco and his wife started divorce proceedings, they both agreed to get a Sacramento County divorce mediation lawyer instead of typical Divorce Lawyers in Sacramento . They did not want a vicious Sacramento divorce attorney costing them more money and potentially hurting their family during such an emotional time.
Sex Offenders – Keep Your Family Protected From Sex Offenders
Sex Offenders – Keep Your Family Protected From Sex Offenders
Author: irinaM
As a parent, it is your responsibility to protect your family from any type of harm. Most especially, you have to keep your kids protected from bad individuals such as sex offenders. Keeping your family safe is not just about providing them shelter or having your family car installed with all the latest safety features. It is not limited to reminding them to be careful and stay away from dark places. You cannot just tell your kids to stay away from suspicious-looking individuals. You have to be certain whether that person can actually be trusted or not. The identity and the capabilities of someone are not determined through their appearance. If you are worried that your kids might be vulnerable to sex offenders, you can obtain records and information regarding these individuals. Obtain Records on Sex Offenders from the Bureau of JusticeIf you want to protect your children from sex offenders, you have to do more than just warn them not to talk or to stay away from strangers. You cannot watch over them all of the time. This is the reason why you have to make sure that your neighborhood is free from bad influences. If you want to obtain data or information regarding a sex offender, you can get this from different sources. One of these is the Bureau of Justice where you can acquire specific info such as statistical records of sex offenders. According to the statistical records of this government agency, there was a very high number of convicted sex offenders in the country during the year 1994. Each day, there were a total of 234,000 individuals being convicted of the crime. The worst thing is that 60 percent of these offenders are not behind bars. They are residing with other people under controlled supervision. Sex Offenders Target ChildrenThe statistical records of the Bureau of Justice further state that sex offenders tend to harm children more than older teens and young adults. As a matter of fact, statistics show that the average age of an offender's victim is lower than thirteen years old. If you have pre-adolescent children, you have to be wary of who they are talking to, especially if you are not familiar with the individual. You will always be faced with the fact that there are people out there who are capable of hurting innocent children. This is why you have to constantly watch over the safety of your kids. Sex Offenders Are Most Likely to Commit Crime AgainStatistics also show that sex offenders have a high likeability of committing another crime after being released from detention or prison. According to the statistical records of the Bureau of Justice, out of 9,691 male offenders that have been let out from imprisonment for the year 1994, 5.3 percent of them have been arrested again for committing another sex crime. The scary thing is that not all of these offenders have been arrested because there are some children who are so traumatized that they will not speak about it. This is something that you would not want to happen to your child.
Article Source: http://www.articlesbase.com/cyber-law-articles/sex-offenders-keep-your-family-protected-from-sex-offenders-608793.html
About the Author:
It is very important to keep your child safe from sex offenders . Do not just trust the new neighbor who has just moved in. Find out more by looking for records online.
Author: irinaM
As a parent, it is your responsibility to protect your family from any type of harm. Most especially, you have to keep your kids protected from bad individuals such as sex offenders. Keeping your family safe is not just about providing them shelter or having your family car installed with all the latest safety features. It is not limited to reminding them to be careful and stay away from dark places. You cannot just tell your kids to stay away from suspicious-looking individuals. You have to be certain whether that person can actually be trusted or not. The identity and the capabilities of someone are not determined through their appearance. If you are worried that your kids might be vulnerable to sex offenders, you can obtain records and information regarding these individuals. Obtain Records on Sex Offenders from the Bureau of JusticeIf you want to protect your children from sex offenders, you have to do more than just warn them not to talk or to stay away from strangers. You cannot watch over them all of the time. This is the reason why you have to make sure that your neighborhood is free from bad influences. If you want to obtain data or information regarding a sex offender, you can get this from different sources. One of these is the Bureau of Justice where you can acquire specific info such as statistical records of sex offenders. According to the statistical records of this government agency, there was a very high number of convicted sex offenders in the country during the year 1994. Each day, there were a total of 234,000 individuals being convicted of the crime. The worst thing is that 60 percent of these offenders are not behind bars. They are residing with other people under controlled supervision. Sex Offenders Target ChildrenThe statistical records of the Bureau of Justice further state that sex offenders tend to harm children more than older teens and young adults. As a matter of fact, statistics show that the average age of an offender's victim is lower than thirteen years old. If you have pre-adolescent children, you have to be wary of who they are talking to, especially if you are not familiar with the individual. You will always be faced with the fact that there are people out there who are capable of hurting innocent children. This is why you have to constantly watch over the safety of your kids. Sex Offenders Are Most Likely to Commit Crime AgainStatistics also show that sex offenders have a high likeability of committing another crime after being released from detention or prison. According to the statistical records of the Bureau of Justice, out of 9,691 male offenders that have been let out from imprisonment for the year 1994, 5.3 percent of them have been arrested again for committing another sex crime. The scary thing is that not all of these offenders have been arrested because there are some children who are so traumatized that they will not speak about it. This is something that you would not want to happen to your child.
Article Source: http://www.articlesbase.com/cyber-law-articles/sex-offenders-keep-your-family-protected-from-sex-offenders-608793.html
About the Author:
It is very important to keep your child safe from sex offenders . Do not just trust the new neighbor who has just moved in. Find out more by looking for records online.
Click and Deliver! Your Money or Your Name!
Click and Deliver! Your Money or Your Name!
Author: Shireen Smith
There is a tendency to label anyone who is in the business of making money out of domain names a cybersquatter, and in the process to regard them as guilty of fast practice verging on the fraudulent. But is it appropriate to regard the growing body of entrepreneurs, known as "domainers", whose livelihood turns on building up large portfolios of domain names, as cybersquatters?. Although some domainers may well be cybersquatters, many of them are not cybersquatters in the sense in which the term is generally understood in the law. Cybersquatters Cybersquatters register domain names, usually a well-established trade mark, in bad faith to gain some commercial advantage. This usually involves trying to sell it back for an inflated price to a party known to be interested in having the domain name, again usually the trade mark owner. Alternatively, the domain is used to direct traffic to the cybersquatter's own website and away from a competitor's. Worse still, some cybersquatters use the domain to damage the true owner's reputation. Generally though, the difficulties that have arisen between trade mark owners and registrants of certain domain names have been some of the main reasons giving cybersquatters a bad name. The first-come, first-served system of domain registration, which generally prevails, creates a pressure to be the first to register a domain name. This tends to lead to disputes on the "right" to register. However, simply because you have a registered trade mark or have been using a trade name for a lengthy period does not mean that another person with a legitimate reason for registering the domain and using it in good faith must give it up. One example of this is the Prince Sports case in which Prince Sports were unsuccessful in having the domain www.prince.com transferred to them from Prince Computers in the UK. Administrative procedures to resolve disputes There are administrative procedures in place so that domain disputes can be resolved without recourse to the courts. This is vital in view of all the problems with jurisdiction that inevitably arise in a global system like the internet. Domains and disputes are managed by the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN manages generic Top Level Domains (gTLD) such as .biz, .com, .info, .name, .net, and .org, and delegates the registration of domains to registrars. There are over 1,500 accredited registrars, each with their own policies and procedures for registering, maintaining and handling disputes regarding domains. When registering gTLD domains, the Uniform Dispute for Domain Names Resolution Policy (UDRP) is automatically incorporated into the registration agreement. Complaints can be filed with one of four bodies, the largest of which is WIPO in Geneva. Typically filing a complaint temporarily freezes the domain and prevents it from being transferred to any third party until a decision has been reached. The process is relatively quick and reasonably cheap, with decisions given between 30 - 60 days of filing the complaint. Countries not using ICANN's UDRP may use a different form of dispute resolution. For example, Nominet is the Dispute Resolution System (DRS) used for .uk domains, which like the UDRP is conducted online with no requirement for legal representation. Nominet's DRS is administered by the Centre for Dispute Resolution (CEDR). It will order the transfer of rights of .uk domains, provided you can show that (on the balance of probabilities) you have rights (either "passing off" rights or registered trade mark rights) in the name which are identical or similar to the domain name. Nominet will consider a registration abusive if it creates an unfair advantage or is unfairly detrimental to the complainant's rights. Desirable residences The domains which have reportedly changed hands for high sums of money tend to be generic names in which it is difficult for anyone to claim trade mark rights. For example, "Business.com" was sold for $7.5m, while "Wines.com" went for $3m and "Mortgage.com" for $1.8m. Misspelled domain name "Voyuer.com" was auctioned for $112,100 at Snapnames (apparently this is the highest sale price ever for a misspelled domain name). Clearly even if these figures are inflated hype, domain names can be valuable commodities, and are of huge importance to e-commerce, and on-line branding. The prices some generic terms have fetched serve to highlight their attractiveness. Even the owners of famous brands and trade marked names have made good use of generic terms as website addresses. Generic names and domaining So, generic names are gold for domainers , but names that target a specific audience are also valuable (for example, people looking for information on “eating disorders”). The way in which domainers make money from domain names is not limited to reselling. Indeed, the business model in the US tends more towards holding domains in a portfolio for web advertising revenue rather than for resale. The function of the domain is then to attract traffic and generate click revenue. The model specifically depends on the 15-20% of surfers who reportedly type a name into a web browser rather than into a search engine. This brings “direct navigation” traffic (as opposed to indirect traffic through a search engine like Google) to the page at which the domain is "parked"(that is the place the domain address arrives at), or to its website if there is one developed, as there sometimes will be. Where the money comes from. Imagine you are seeking internet information on job openings, and type into your web browser "careerinfo.com", hoping to find a useful site. You would reach a website populated with job-related keywords. The domain owner, (sometimes referred to as a “click farmer”) would collect revenue each time you clicked on one of the featured ads. The domainer's revenue would be by way of a commission from Google or other search engines. Although the amounts per click may be quite low, for a high volume site the numbers soon mount up to large figures. The reason the revenue comes from Google or Overture or other search engine is that advertisers enter into arrangements with Google or other search engines to pay whenever someone clicks on their ads. In order to get their links listed high in search results they bid on keywords. So, if the amount being paid per click for a keyword like "career info" were $3.06, then Google or other search engine would keep the entire amount if the click on the advertiser's ad came directly from the results displayed on its own pages. However, as ads are sometimes also sub-contracted out, so that they display on a network of third party sites (that is, domainers' sites), if the click on the advertiser's ad comes from a third party's page or website then Google or whichever other search engine has the primary contract with the advertiser, would share the $3.06 with the click farmer. Internet marketing firm Marchex Inc reportedly paid $164.2 million recently for a company, Name Development Ltd, which owns a large portfolio of domain names. Marchex estimated that the Name Development portfolio had more than 17 million unique visitors in November. There are many facets to domain names, and knowledge about how the industry works is useful for businesses seeking to do business online, and choosing domain names. In future articles we will look at pitfalls in speculating on domains, valuation of domains, the UK domainer business, domain disputes, and the pros and cons of using administrative procedures as against court proceedings to retrieve domain names .
Article Source: http://www.articlesbase.com/cyber-law-articles/click-and-deliver-your-money-or-your-name-596642.html
About the Author:
Shireen Smith is an intellectual property solicitor and technology lawyer providing advice on trade marks and domains and domain disputes. Based in London, she can help to protect brands, copyright and other creative and intellectual rights.
Author: Shireen Smith
There is a tendency to label anyone who is in the business of making money out of domain names a cybersquatter, and in the process to regard them as guilty of fast practice verging on the fraudulent. But is it appropriate to regard the growing body of entrepreneurs, known as "domainers", whose livelihood turns on building up large portfolios of domain names, as cybersquatters?. Although some domainers may well be cybersquatters, many of them are not cybersquatters in the sense in which the term is generally understood in the law. Cybersquatters Cybersquatters register domain names, usually a well-established trade mark, in bad faith to gain some commercial advantage. This usually involves trying to sell it back for an inflated price to a party known to be interested in having the domain name, again usually the trade mark owner. Alternatively, the domain is used to direct traffic to the cybersquatter's own website and away from a competitor's. Worse still, some cybersquatters use the domain to damage the true owner's reputation. Generally though, the difficulties that have arisen between trade mark owners and registrants of certain domain names have been some of the main reasons giving cybersquatters a bad name. The first-come, first-served system of domain registration, which generally prevails, creates a pressure to be the first to register a domain name. This tends to lead to disputes on the "right" to register. However, simply because you have a registered trade mark or have been using a trade name for a lengthy period does not mean that another person with a legitimate reason for registering the domain and using it in good faith must give it up. One example of this is the Prince Sports case in which Prince Sports were unsuccessful in having the domain www.prince.com transferred to them from Prince Computers in the UK. Administrative procedures to resolve disputes There are administrative procedures in place so that domain disputes can be resolved without recourse to the courts. This is vital in view of all the problems with jurisdiction that inevitably arise in a global system like the internet. Domains and disputes are managed by the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN manages generic Top Level Domains (gTLD) such as .biz, .com, .info, .name, .net, and .org, and delegates the registration of domains to registrars. There are over 1,500 accredited registrars, each with their own policies and procedures for registering, maintaining and handling disputes regarding domains. When registering gTLD domains, the Uniform Dispute for Domain Names Resolution Policy (UDRP) is automatically incorporated into the registration agreement. Complaints can be filed with one of four bodies, the largest of which is WIPO in Geneva. Typically filing a complaint temporarily freezes the domain and prevents it from being transferred to any third party until a decision has been reached. The process is relatively quick and reasonably cheap, with decisions given between 30 - 60 days of filing the complaint. Countries not using ICANN's UDRP may use a different form of dispute resolution. For example, Nominet is the Dispute Resolution System (DRS) used for .uk domains, which like the UDRP is conducted online with no requirement for legal representation. Nominet's DRS is administered by the Centre for Dispute Resolution (CEDR). It will order the transfer of rights of .uk domains, provided you can show that (on the balance of probabilities) you have rights (either "passing off" rights or registered trade mark rights) in the name which are identical or similar to the domain name. Nominet will consider a registration abusive if it creates an unfair advantage or is unfairly detrimental to the complainant's rights. Desirable residences The domains which have reportedly changed hands for high sums of money tend to be generic names in which it is difficult for anyone to claim trade mark rights. For example, "Business.com" was sold for $7.5m, while "Wines.com" went for $3m and "Mortgage.com" for $1.8m. Misspelled domain name "Voyuer.com" was auctioned for $112,100 at Snapnames (apparently this is the highest sale price ever for a misspelled domain name). Clearly even if these figures are inflated hype, domain names can be valuable commodities, and are of huge importance to e-commerce, and on-line branding. The prices some generic terms have fetched serve to highlight their attractiveness. Even the owners of famous brands and trade marked names have made good use of generic terms as website addresses. Generic names and domaining So, generic names are gold for domainers , but names that target a specific audience are also valuable (for example, people looking for information on “eating disorders”). The way in which domainers make money from domain names is not limited to reselling. Indeed, the business model in the US tends more towards holding domains in a portfolio for web advertising revenue rather than for resale. The function of the domain is then to attract traffic and generate click revenue. The model specifically depends on the 15-20% of surfers who reportedly type a name into a web browser rather than into a search engine. This brings “direct navigation” traffic (as opposed to indirect traffic through a search engine like Google) to the page at which the domain is "parked"(that is the place the domain address arrives at), or to its website if there is one developed, as there sometimes will be. Where the money comes from. Imagine you are seeking internet information on job openings, and type into your web browser "careerinfo.com", hoping to find a useful site. You would reach a website populated with job-related keywords. The domain owner, (sometimes referred to as a “click farmer”) would collect revenue each time you clicked on one of the featured ads. The domainer's revenue would be by way of a commission from Google or other search engines. Although the amounts per click may be quite low, for a high volume site the numbers soon mount up to large figures. The reason the revenue comes from Google or Overture or other search engine is that advertisers enter into arrangements with Google or other search engines to pay whenever someone clicks on their ads. In order to get their links listed high in search results they bid on keywords. So, if the amount being paid per click for a keyword like "career info" were $3.06, then Google or other search engine would keep the entire amount if the click on the advertiser's ad came directly from the results displayed on its own pages. However, as ads are sometimes also sub-contracted out, so that they display on a network of third party sites (that is, domainers' sites), if the click on the advertiser's ad comes from a third party's page or website then Google or whichever other search engine has the primary contract with the advertiser, would share the $3.06 with the click farmer. Internet marketing firm Marchex Inc reportedly paid $164.2 million recently for a company, Name Development Ltd, which owns a large portfolio of domain names. Marchex estimated that the Name Development portfolio had more than 17 million unique visitors in November. There are many facets to domain names, and knowledge about how the industry works is useful for businesses seeking to do business online, and choosing domain names. In future articles we will look at pitfalls in speculating on domains, valuation of domains, the UK domainer business, domain disputes, and the pros and cons of using administrative procedures as against court proceedings to retrieve domain names .
Article Source: http://www.articlesbase.com/cyber-law-articles/click-and-deliver-your-money-or-your-name-596642.html
About the Author:
Shireen Smith is an intellectual property solicitor and technology lawyer providing advice on trade marks and domains and domain disputes. Based in London, she can help to protect brands, copyright and other creative and intellectual rights.
Subscribe to:
Posts (Atom)