CYBER LAW

MODULE V
By Shreeparna Chakraborty
 Topics

• International Organizations and their Role in Dispute Resolution including

ADR
• i)ICANN
• ii) INTERPOL, EUROPOL
• iii) WCAG
• iv)WTO AND TRIPS
• v)URDP
 What Is ADR?
• The term "alternative dispute resolution" or "ADR" is often used to describe a wide
variety of dispute resolution mechanisms that are short of, or alternative to, full-scale
court processes. The term can refer to everything from facilitated settlement
negotiations in which disputants are encouraged to negotiate directly with each other
prior to some other legal process, to arbitration systems or mini trials that look and
feel very much like a courtroom process. Processes designed to manage community
tension or facilitate community development issues can also be included within the
rubric of ADR. ADR systems may be generally categorized as negotiation,
conciliation/ mediation, or arbitration systems.
 Internet Corporation for Assigned Names
and Numbers (ICANN)
• An American multistakeholder group and non-profit organization
responsible for coordinating the maintenance and procedures of several
databases related to the name spaces and numerical spaces of the Internet,
ensuring the network's stable and secure operation.
• The ICANN Ombudsman is independent, impartial and neutral. The
Ombudsman's function is to act as an informal dispute resolution office for
the ICANN community, who may wish to lodge a complaint about ICANN
staff, board or problems in supporting organizations. The purpose of the
office is to ensure that the members of the ICANN community have been
treated fairly.
• The Ombudsman is impartial and will attempt to resolve complaints about
unfair treatment, using techniques like mediation, shuttle diplomacy and if
needed, formal investigation.
• The Ombudsman is not an advocate for you, but will investigate without
taking sides in a dispute. The process is informal, and flexible. Complaints to
the ombudsman are completely confidential.
• The ICANN Ombudsman has jurisdiction over complaints which arise from
things which happen in the community.
• The Ombudsman cannot make, change or set aside a policy, administrative
or Board decision, act, or omission, but may investigate these events, and to
use ADR technique to resolve them and make recommendations as to
changes.
• The Ombudsman cannot investigate issues between a domain name
registrar and a domain name holder, nor can the office help with website
content or spam or malware. However the Ombudsman will try to find the
best place to help with these issues and refer the visitor.
• Examples of Ways the Ombudsman May Help
Problems with diversity issue
Delays within ICANN and the community
Problems with unfair procedure in ICANN and the community
Bullying
Finding documents within ICANN
Concerns about privacy
 INTERPOL & EUROPOL
• The International Criminal Police Organization commonly known as Interpol
is an international organization that facilitates worldwide police
cooperation and crime control. Headquartered in Lyon, France, it is the
world's largest international police organization
• Interpol provides investigative support, expertise, and training to law
enforcement worldwide, focusing on three major areas of transnational
crime: terrorism, cybercrime, and organized crime. Its broad mandate
covers virtually every kind of crime, including crimes against humanity, child
pornography, drug trafficking and production, political corruption,
intellectual property infringement, and white-collar crime. The agency also
facilitates cooperation among national law enforcement institutions
through criminal databases and communications networks.
• The General Secretariat coordinates Interpol’s day-to-day activities to fight
a range of crimes. Run by the Secretary General, it is staffed by both police
and civilians and comprises a headquarters in Lyon, a global complex for
innovation in Singapore and several satellite offices in different regions.
• The General Secretariat provides a range of expertise and services to
Interpol’s member countries. Interpol manages 19 police databases with
information on crimes and criminals (from names and fingerprints to stolen
passports), accessible in real-time to countries.
• Interpol offers investigative support such as forensics, analysis, and
assistance in locating fugitives around the world.
• Officials working in each specialized crime area run a variety of different
activities alongside member countries. This can be investigative support,
field operations, training and networking.
• Europol is the European Union’s law enforcement agency. Large-scale
criminal and terrorist networks pose a significant threat to the internal
security of the EU and to the safety and livelihood of its people. The biggest
security threats come from:
Terrorism;
international drug trafficking and money laundering;
 organised fraud;
the counterfeiting of euros;
trafficking in human beings.
• The Joint Cybercrime Action Taskforce (J-CAT), which was launched in
September 2014. Located at Europol’s European Cybercrime Centre (EC3), it
helps fighting cybercrime within and outside the EU.
• J-CAT’s objective is to drive intelligence-led, coordinated action against key
cybercrime threats and targets by facilitating the joint identification,
prioritisation, preparation, initiation and execution of cross-border
investigations and operations by its partners. It tackles:
cyber-dependent crimes;
transnational payment fraud;
online child sexual exploitation;
cross-crime cyber facilitators (e.g. bulletproof hosting, counter-antivirus services,
criminal use of the dark web, etc.).
 What is the main difference between Europol
and Interpol?

• The major difference between the two is that Interpol is responsible

for facilitating cooperation between the international police
organizations, while Europol is responsible for facilitating cooperation
between the international law enforcement.
WEB CONTENT ACCESIBILITY GUIDELINES
(WCAG)
• The WCAG are part of a series of web accessibility guidelines published by the Web
Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), the main
international standards organization for the Internet. They are a set of
recommendations for making Web content more accessible, primarily for people
with disabilities—but also for all user agents, including highly limited devices, such
as mobile phones.
• The Web is fundamentally designed to work for all people, whatever their
hardware, software, language, location, or ability. When the Web meets this goal, it
is accessible to people with a diverse range of hearing, movement, sight, and
cognitive ability. Accessibility is essential for developers and organizations that
want to create high-quality websites and web tools, and not exclude people from
using their products and services.
• Web accessibility also benefits people without disabilities, for example:
 people using mobile phones, smart watches, smart TVs, and other devices with small screens,
different input modes, etc.
 older people with changing abilities due to ageing
 people with “temporary disabilities” such as a broken arm or lost glasses
 people with “situational limitations” such as in bright sunlight or in an environment where they cannot
listen to audio
 people using a slow Internet connection, or who have limited or expensive bandwidth

• Alternative Text for Images: Images should include equivalent alternative text (alt text) in the
markup/code. If alt text isn’t provided for images, the image information is inaccessible, for
example, to people who cannot see and use a screen reader that reads aloud the information
on a page, including the alt text for the visual image. When equivalent alt text is provided, the
information is available to people who are blind, as well as to people who turn off images (for
example, in areas with expensive or low bandwidth). It’s also available to technologies that
cannot see images, such as search engines.
• Keyboard Input: Some people cannot use a mouse, including many older
users with limited fine motor control. An accessible website does not rely on
the mouse; it makes all functionality available from a keyboard. Then people
with disabilities can use assistive technologies that mimic the keyboard,
such as speech input.
• Transcripts for Audio: Just as images aren’t available to people who can’t
see, audio files aren’t available to people who can’t hear. Providing a text
transcript makes the audio information accessible to people who are deaf or
hard of hearing, as well as to search engines and other technologies that
can’t hear. It’s easy and relatively inexpensive for websites to provide
transcripts. There are also transcription services that create text transcripts
in HTML format.
• Text is readable and understandable: Content authors need to ensure that
text content is readable and understandable to the broadest audience
possible, including when it is read aloud by text-to-speech. Such content
includes:
Identifying the primary language of a web page
Identifying the language of text passages, phrases, or other parts of a web page
Providing definitions for any unusual words, phrases, idioms, and abbreviations
Using the clearest and simplest language possible, or providing simplified versions
Meeting this requirement helps software, including assistive technology, to
process text content correctly. For instance, this requirement helps software
to read the content aloud, to generate page summaries, and to provide
definitions for unusual words such as technical jargon. It also helps people who
have difficulty understanding more complex sentences, phrases, and
vocabulary. In particular, it helps people with different types of cognitive
disabilities.
• Users have enough time to read and use the content: Some people need
more time than others to read and use the content. For instance, some
people require more time to type text, understand instructions, operate
controls, or to otherwise complete tasks on a website. Examples of
providing enough time include providing mechanisms to:
Stop, extend, or adjust time limits, except where necessary
Pause, stop, or hide moving, blinking, or scrolling content
Postpone or suppress interruptions, except where necessary
Re-authenticate when a session expires without losing data
• Content can be presented in different ways: For users to be able to change
the presentation of content, it is necessary that;
Headings, lists, tables, input fields, and content structures are marked-up properly
Sequences of information or instructions are independent of any presentation
Browsers and assistive technologies provide settings to customize the presentation
Meeting this requirement allows content to be correctly read aloud, enlarged,
or adapted to meet the needs and preferences of different people. For
instance, it can be presented using custom color combinations, text size, or
other styling to facilitate reading. This requirement also facilitates other forms
of adaptation, including automatic generation of page outlines and summaries
to help people get an overview and to focus on particular parts more easily.
• Functionality is available from a keyboard: Many people do not use the
mouse and rely on the keyboard to interact with the Web. This requires
keyboard access to all functionality, including form controls, input, and
other user interface components. Keyboard accessibility includes:
All functionality that is available by mouse is also available by keyboard
Keyboard focus does not get trapped in any part of the content
Web browsers, authoring tools, and other tools provide keyboard support
Meeting this requirement helps keyboard users, including people using
alternative keyboards such as keyboards with ergonomic layouts, on-screen
keyboards, or switch devices. It also helps people using voice recognition
(speech input) to operate websites and to dictate text through the keyboard
interface.
• Users are helped to avoid and correct mistakes: Forms and other
interaction can be confusing or difficult to use for many people, and, as a
result, they may be more likely to make mistakes. Examples of helping users
to avoid and correct mistakes include:
Descriptive instructions, error messages, and suggestions for correction
Context-sensitive help for more complex functionality and interaction
Opportunity to review, correct, or reverse submissions if necessary
Meeting this requirement helps people who do not see or hear the content,
and may not recognize implicit relationships, sequences, and other cues. It
also helps people who do not understand the functionality, are disoriented or
confused, forget, or make mistakes using forms and interaction for any other
reason.
 WCAG 2.0 and 2.1 guidelines that further sub-
divides each principle.

• Perceivable: Users must be able to perceive it in some way, using one

or more of their senses.
• Operable: Users must be able to control UI elements (e.g. buttons
must be clickable in some way — mouse, keyboard, voice command,
etc.).
• Understandable: The content must be understandable to its users.
• Robust: The content must be developed using well-adopted web
standards that will work across different browsers, now and in the
future.
 WTO & TRIPS
• The World Trade Organization (WTO) is an intergovernmental organization
that regulates and facilitates international trade between nations.
Governments use the organization to establish, revise, and enforce the rules
that govern international trade.
• The WTO facilitates trade in goods, services and intellectual property
among participating countries by providing a framework for negotiating
trade agreements, which usually aim to reduce or eliminate tariffs, quotas,
and other restrictions; these agreements are signed by representatives of
member governments and ratified by their legislatures.
• The WTO also administers independent dispute resolution for enforcing
participants' adherence to trade agreements and resolving trade-related
disputes. The most harmonious way to settle these differences is through a
neutral procedure based on an agreed legal foundation. That is the purpose
behind the dispute settlement process written into the WTO agreements.
• Settling disputes is the responsibility of the Dispute Settlement Body (the
General Council in another guise), which consists of all WTO members. The
Dispute Settlement Body has the sole authority to establish “panels” of
experts to consider the case, and to accept or reject the panels’ findings or
the results of an appeal. It monitors the implementation of the rulings and
recommendations, and has the power to authorize retaliation when a
country does not comply with a ruling.
• First stage: consultation (up to 60 days). Before taking any other actions the
countries in dispute have to talk to each other to see if they can settle their
differences by themselves. If that fails, they can also ask the WTO director-general
to mediate or try to help in any other way.

• Second stage: the panel (up to 45 days for a panel to be appointed, plus 6 months
for the panel to conclude). If consultations fail, the complaining country can ask for
a panel to be appointed. The country “in the dock” can block the creation of a panel
once, but when the Dispute Settlement Body meets for a second time, the
appointment can no longer be blocked (unless there is a consensus against
appointing the panel).

Officially, the panel is helping the Dispute Settlement Body make rulings or
recommendations. But because the panel’s report can only be rejected by consensus
in the Dispute Settlement Body, its conclusions are difficult to overturn. The panel’s
findings have to be based on the agreements cited. The panel’s final report should
normally be given to the parties to the dispute within six months. In cases of urgency,
including those concerning perishable goods, the deadline is shortened to three
months.
The main stages are:
• Before the first hearing: each side in the dispute presents its case in writing to the
panel.

• First hearing: the case for the complaining country and defence: the complaining
country (or countries), the responding country, and those that have announced
they have an interest in the dispute, make their case at the panel’s first hearing.

• Rebuttals: the countries involved submit written rebuttals and present oral
arguments at the panel’s second meeting.

• Experts: if one side raises scientific or other technical matters, the panel may
consult experts or appoint an expert review group to prepare an advisory report.

• First draft: the panel submits the descriptive (factual and argument) sections of its
report to the two sides, giving them two weeks to comment. This report does not
include findings and conclusions.
• Interim report: The panel then submits an interim report, including its findings and
conclusions, to the two sides, giving them one week to ask for a review.

• Review: The period of review must not exceed two weeks. During that time, the
panel may hold additional meetings with the two sides.

• Final report: A final report is submitted to the two sides and three weeks later, it is
circulated to all WTO members. If the panel decides that the disputed trade
measure does break a WTO agreement or an obligation, it recommends that the
measure be made to conform with WTO rules. The panel may suggest how this
could be done.

• The report becomes a ruling: The report becomes the Dispute Settlement Body’s
ruling or recommendation within 60 days unless a consensus rejects it. Both sides
can appeal the report (and in some cases both sides do).
• Appeals: Either side can appeal a panel’s ruling. Sometimes both sides do so.
Appeals have to be based on points of law such as legal interpretation — they
cannot re-examine existing evidence or examine new issues.
Each appeal is heard by three members of a permanent seven-member Appellate
Body set up by the Dispute Settlement Body and broadly representing the range of
WTO membership. Members of the Appellate Body have four-year terms. They have
to be individuals with recognized standing in the field of law and international trade,
not affiliated with any government.
The appeal can uphold, modify or reverse the panel’s legal findings and conclusions.
Normally appeals should not last more than 60 days, with an absolute maximum of 90
days.
The Dispute Settlement Body has to accept or reject the appeals report within 30
days — and rejection is only possible by consensus.
• If the country that is the target of the complaint loses, it must follow the
recommendations of the panel report or the appeals report. It must state its
intention to do so at a Dispute Settlement Body meeting held within 30 days of the
report’s adoption. If complying with the recommendation immediately proves
impractical, the member will be given a “reasonable period of time” to do so. If it
fails to act within this period, it has to enter into negotiations with the complaining
country (or countries) in order to determine mutually-acceptable compensation —
for instance, tariff reductions in areas of particular interest to the complaining side.
• If after 20 days, no satisfactory compensation is agreed, the complaining side may
ask the Dispute Settlement Body for permission to retaliate (to “suspend
concessions or other obligations”). This is intended to be temporary, to encourage
the other country to comply. It could for example take the form of blocking imports
by raising import duties on products from the other country above agreed limits to
levels so high that the imports are too expensive to sell — within certain limits. The
Dispute Settlement Body must authorize this within 30 days after the “reasonable
period of time” expires unless there is a consensus against the request.
• The Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is an international legal agreement between all the member nations
of the World Trade Organization (WTO). It establishes minimum standards
for the regulation by national governments of different forms of intellectual
property (IP) as applied to nationals of other WTO member nations.
• The TRIPS Agreement provides that a right holder must be able to initiate
fair and equitable civil judicial procedures against an infringer of IP rights
covered under the Agreement. It also contains disciplines on evidence, the
right of information and indemnification of the defendant.
• Judicial authorities must be able to award three types of remedies:
injunctions to order a party to stop its infringing action, damages to
compensate for the injury caused by the infringement, as well as other
remedies, such as the removal of infringing goods from channels of
commerce or their destruction, subject to certain conditions.
• Under the TRIPS Agreement, criminal procedures and penalties are only
mandatory in cases of wilful trademark counterfeiting or copyright piracy
carried out on a commercial scale. Members may, but are not obliged to,
provide for criminal procedures to be applied in other cases of infringement
of IP rights, in particular where those are committed wilfully and on a
commercial scale.
 Uniform Domain-Name Dispute-Resolution
Policy (UDRP)
• The UDRP has been adopted by ICANN.
• Under the policy, most types of trademark-based domain-name disputes
must be resolved by agreement, court action, or arbitration before a
registrar will cancel, suspend, or transfer a domain name.
• Disputes alleged to arise from abusive registrations of domain names (for
example, cybersquatting) may be addressed by expedited administrative
proceedings that the holder of trademark rights initiates by filing a
complaint with an approved dispute-resolution service provider.
• To invoke the policy, a trademark owner should either (a) file a complaint in
a court of proper jurisdiction against the domain-name holder (or where
appropriate an in-rem action concerning the domain name) or (b) in cases of
abusive registration submit a complaint to an approved dispute-resolution
service provider.
• The remedies available to a complainant pursuant to any proceeding before
an Administrative Panel shall be limited to requiring the cancellation of your
domain name or the transfer of your domain name registration to the
complainant.
• ICANN will not participate in any way in any dispute between complainant
and any party other than regarding the registration and use of the domain
name in dispute.
THANK YOU