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THE VIRTUAL MAGISTRATESM PROJECT__________________________ Frequently
Asked Questions WHAT IS THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM? The Virtual MagistrateSM arbitration program (“VMAG”) is a free service that offers arbitration for rapid, interim resolution of disputes involving (2) users of on-line systems, (2) those who claim to be harmed by wrongful messages, postings, and files, and (3) system operators. Arbitration services will be available for computer networks anywhere in the world as long as relevant parties agree to participate. WHY DO WE NEED THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM? The Net environment is unlike any other. People all over the world interact in real time and take actions that affect the rights, interests, and feelings of others. When conflicts arise over similar activities in the “real” world, regular courts are available to resolve resulting formal complaints. But the court system is too slow, too expensive, and too inaccessible to address all problems that arise on the Net. Also, with people from many countries communicating on the Net, traditional, nation-based legal remedies are especially difficult to apply. TheVMAGSM is an attempt to respond to the need for immediate, global dispute resolution on the Net. It is not a substitute for traditional judicial remedies, and those who participate in the VMAGSM may also pursue other remedies. The VMAGSM will attempt to provide fast, limited resolution of conflicts. In some cases, the filing of a complaint has resulted in increased communications between disputants. Some disputes have been entirely resolved by the parties before a case has been formally accepted by the VMAGSM representatives . These settlements “on the courthouse steps” demonstrate the value of an accessible, independent arbitrator in settling differences even though no actual decision was issued. WHAT WILL THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM DECIDE?The VMAGSM arbitration program accepts complaints about online disputes over communications, property, tort and contract disputes. Examples include complaints about messages, postings, or files allegedly involving copyright or trademark infringement, misappropriation of trade secrets, defamation, fraud, deceptive trade practices, inappropriate (obscene, lewd, or otherwise violative of system rules), invasion of privacy, and other wrongful content. If you are not sure if your case falls under the VMAGSM arbitration program's guidelines, fill out a complaint form and the VMAGSM will review the case and get back to you The VMAGSM arbitration program will decide whether it would be reasonable for a system operator to delete or otherwise restrict access to a challenged file or posting. Other cases may call for decisions about financial obligations in disputes involving online transactions or the disclosure of the identity of an individual to a person other than the government. In extreme cases, the VMAGSM arbitration program may rule on whether it is appropriate for a system operator to deny a person access to an online system. WHO SELECTS THE ARBITRATOR?The original group of arbitrators were selected jointly by the American Arbitration Association and by a subcommittee of the fellows of the Cyberspace Law Institute. The American Arbitration Association (AAA) is a public-service, not-for-profit organization (IRS section 501(c)(3)) offering a broad range of dispute resolution services to corporations, attorneys, insurers, individuals, trade associations, unions, consumers, and all levels of government. Services are available through AAA headquarters in New York City and through offices located in major cities throughout the United States. In addition, the AAA serves as a center for education and training, issues specialized publications, and conducts research on all forms of out-of-court dispute settlement. More information about the AAA can be found at http://www.adr.org. The Cyberspace Law Institute (CLI) studies and helps to develop new forms of law and law-making required by the growth of global communications networks and online communities. The CLI seeks to gather together under one (virtual) roof, leading thinkers on the legal issues emerging in this new environment of computer-mediated communications. CLI was founded in 1995 by co-directors Care E. Heckman, David R. Johnson, John Podesta, David G. Post, and Margaret J. Radin. More information about CLI can be obtained from its homepage at http://www.ll.georgetown.edu/lc/cli.html . WHO STARTED THE ARBITRATION PROGRAM AND WHO RUNS IT?The VMAGSM arbitration program was developed at a meeting sponsored by the National Center for Automated Information Research (NCAIR) and the Cyberspace Law Institute (CLI) on October 25, 1995. NCAIR provided initial funding for the VMAGSM pilot project and administered the disbursement of the funds. NCAIR and the Working Group convened by CLI were responsible for administration of the project. NCAIR is a non-profit, educational corporation actively engaged in the study and application of technology to the legal and accounting professions since 1966. The purposes of NCAIR are to study modern methods of research and information retrieval; to educate the professions in these methods; and to further the development and availability of these methods so that the practice of the professions may be conducted with the competence and skill which will enhance their usefulness to the public and promote the administration of justice. Currently, the VMAGSM arbitration program is run by Chicago-Kent College of Law. The Executive Director of the VMAGSM is Professor Pamela A. Kentra, who can be reached at pkentra@kentlaw.edu . DOES THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM HAVE A REAL COURT WITH REAL JUDGES?No. the VMAGSM arbitration program offers arbitration for disputes. Those with complaints and those who are affected by complaints filed by others participate voluntarily. The VMAGSM arbitration program is not sponsored by any governmental agency. Arbitrators are paid volunteers who offer their services in an attempt to resolve conflicts that arise on the Net. The VMAGSM is not a real court, but it attempts to function like one on the Net. Over time, with the establishment of an industry-wife protocol providing for the use of alternate dispute resolution techniques to resolve disputes, there may be a contractual agreement between the parties (subscribers and providers) to submit disputes to the Virtual MagistrateSM arbitration program. HOW DO I FILE A COMPLAINT? You can file a complaint quickly and easily by
clicking on “File A Complaint” on the VMAGSM ’s home page
at www.VMAG.org.
There is no cost to participants. You can review the VMAGSM
arbitration program Rules under “Documentation” on VMAGSM
’s home page.
A complaint should describe the nature of the disputed activity or conduct and the identity of the parties. Whenever possible, a complaint should include:
Any participating party may request that information pertaining
to the complaint and their identity be kept confidential and not
made public. Requests for confidentiality will be decided
by the arbitrator assigned to the case.
WHY PARTICIPATE IN A CASE IN THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM?The Virtual MagistrateSM arbitration program process is voluntary. The goal is to make the Net a better, fairer, and more liveable place. People of good will must learn to live and work together and to follow a set of rules. The Net already has its own “etiquette” but these rules are unwritten, unclear, and changing along with the Net. The VMAGSM arbitration program will help to identify and develop rules for the Net on a case-by-case basis. Ultimately, codes of conduct may emerge to provide clearer guidance to all. The VMAGSM arbitration program gives everyone a chance to contribute to the development of Net rules. If your Net activities have become the subject of a the VMAGSM arbitration program complaint, you will have the opportunity to explain your actions before a neutral arbitrator and to be a pioneer in a new type of dispute resolution and in the development of Net rules. Whatever the outcome, everyone will benefit from having clearer rules. THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM OPERATE IN SECRET?No. The VMAGSM arbitration program is committed to public availability of information about its decisions and activities. The VMAGSM arbitration program web site will make information about the operations, rules, and decisions of the VMAGSM arbitration program publicly available. You can view a sample the VMAGSM arbitration program decision on the website. In addition, Chicago-Kent College of Law will maintain a public online repository of the VMAGSM complaints, decisions, and documents. Chicago-Kent will also maintain electronic discussion groups for arbitrators, participants, and other interested parties. The address is http://webboard.kentlaw.edu:8080/~VMAG . When a complaint is filed, the VMAGSM arbitration program
will not make it public until a decision is reached. The goal
is to decide cases within 72 hours after acceptance. A complaint
is not accepted until all necessary parties are contacted and have
agreed to participate. The parties to a complaint are not prohibited from discussing their participation. All decisions will be made public. If a complaint or a response to a complaint contains confidential information, the Arbitrtor may decide that the information can be withheld. Parties that have access to confidential information will be required to abide by confidentiality rulings. IS THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM OWNED BY THE SYSOPS?No. The VMAGSM arbitration program is independent of system operators, but system operators along with users and others have participated in the development of the project. In many disputes that arise on the Net, system operators are bystanders. Disputes are most likely to arise between users, and the system operators are left in the middle of these disputes. The VMAG SM arbitration program will attempt to address these disputes and to offer guidance to system operators and to users about a fair resolution. CAN I BE JAILED OR FINED?No. The VMAGSM arbitration program has no powers that are not agreed to by the parties to a dispute. The VMAGSM arbitration program does not have the means or the authority to enforce its own rulings. Arbitration decisions are traditionally recognized by courts around the world, and parties to a the VMAGSM arbitration program proceeding may be able to enforce the decisions. HOW CAN I FIND THE VIRTUAL MAGISTRATESM ARBITRATION PROGRAM ON THE INTERNET? Copies of the VMAG rules and other materials can
be obtained at www.VMAG.org.
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