<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"><channel><title><![CDATA[CPCAP -- Cyberspace Policy Center for Asia Pacific]]></title><description><![CDATA[Articles]]></description><link>http://www.cpcap.org/</link><copyright><![CDATA[Copyright CPCAP -- Cyberspace Policy Center for Asia Pacific]]></copyright><generator>sNews CMS</generator><item><title><![CDATA[Legal Articles]]></title><description><![CDATA[Euro South East Asia 2006 Information & Communication
Technologies Forum - Shangri-la Hotel & Convention Center
Singapore, June 19-20, 2006


Digital Rights Management and the
Changing Contours of Copyright
Claro V. Parlade]]></description><pubDate>Wed, 30 Apr 2008 02:25:00 +0000</pubDate><link>http://www.cpcap.org/articles/legal-articles/</link><guid>http://www.cpcap.org/articles/legal-articles/</guid></item><item><title><![CDATA[Philippine ODR]]></title><description><![CDATA[  ABOUT PHILIPPINE ODR  

  
The Philippine Multi-Door Courthouse is an online facility available to the public, operated and maintained by the Cyberspace Policy Center for Asia-Pacific (CPCAP). The Philippine ODR is named "Philippine Multi-Door Courthouse" because it houses, in its initial release, four doors towards the following dispute resolution courthouses: (1) Blind bidding, (2) Neutral Evaluation, (3) Mediation, and (3) Arbitration.  
    

      Blind Bidding  
  
Blind Bidding is also called "automated negotiation" because it uses an automated system to resolve purely monetary disputes.  How it works: each party will disclose to the system its confidential bid (i.e., the amount a party is willing to pay or accept), and when two bids fall within a pre-determined range, the system will declare that a settlement has been reached.  
    
    Best to use if:  
  
  -your dispute is purely monetary in nature
  -there are only two parties to the dispute
  -you do not require any interaction or communication with the other party

(More about Blind Bidding)
 
    
      Neutral Evaluation  
  
In neutral evaluation, a neutral expert chosen by parties to a dispute will render a non-binding expert opinion on the merits of parties' positions in a dispute and probable outcome in case of court litigation.
    
    Best to use if:  
  
  -you want to obtain evaluation on their dispute from a neutral third party
  -you are involved in civil case, e.g. intellectual property and IT matters
  -you require a subject matter expert

  (More about Neutral Evaluation)

    

      Mediation  
  
In Mediation, a neutral party helps the parties to a dispute identify their underlying interests and facilitates to the negotiations dispute with a view to achieving an amicable settlement. Unlike arbitrators, mediators do not render decisions, but any settlements reached by the parties may be enforceable in court.
    
    Best to use if:  
  
  -you require the assistance of a neutral party to facilitate negotiations between yourself and the other party or parties to the dispute
  -all parties to the dispute genuinely desire to resolve their differences through direct and open discussions, and are willing to work together towards finding a solution.
  
  (More about Mediation)

     
      Arbitration  
  
In arbitration, a neutral expert or a panel of experts chosen by the parties will render a binding decision on the dispute. The decision is enforceable in court if the losing party refuses to voluntarily comply with the position.
    
    Best to use if:  
  
  -no agreement was reached during mediation
  
  (More about Arbitration)]]></description><pubDate>Tue, 29 Apr 2008 00:14:00 +0000</pubDate><link>http://www.cpcap.org/odr/philippine-odr/</link><guid>http://www.cpcap.org/odr/philippine-odr/</guid></item><item><title><![CDATA[What is ODR?]]></title><description><![CDATA[  WHAT IS ONLINE DISPUTE RESOLUTION?  
  
Every time there is a dispute, Filipinos resort to courts to resolve it.  Unknown to many, there are still ways to resolve disputes without going through all the hassles and expenses of court litigation, such as negotiation, conciliation, mediation, arbitration, and their hybrids.  These types of dispute resolution are commonly called Alternative Dispute Resolution or ADR.

  ADR promotes amicable settlement and speedy resolution of cases.  A civil case with proceeding that usually takes from five to ten, twenty years or more, is resolved in a span of months to two years using the practices, techniques and approaches of ADR.  What is more, ADR helps in unclogging the court's dockets.

  The Philippine Online Dispute Resolution (ODR), named as "Philippine Multi-Door Courthouse" is created to become the online counterpart of ADR, to make ADR accessible to people in different corners of the country, specifically for franchise, e-commerce, and consumer disputes.  The online platform provides both the complainant and the respondent the comfort of resolving disputes in a place and time convenient for them.]]></description><pubDate>Mon, 28 Apr 2008 09:36:00 +0000</pubDate><link>http://www.cpcap.org/odr/what-is-odr/</link><guid>http://www.cpcap.org/odr/what-is-odr/</guid></item><item><title><![CDATA[Data Privacy Project]]></title><description><![CDATA[   DATA PRIVACY PROJECT   
  
The Data Privacy Project is a multi-phase project designed to assist government in developing the Philippines' legal framework for data privacy regulation.  CPCAP’s role is to act as (1) a catalyst and for and facilitator of stakeholder involvement in data privacy policy formulation; and (2) an information resource to help private sector understand data privacy regulation and assist government in crafting data privacy policy.
    
  + To initiate the project, CPCAP is currently conducting a Data Privacy Survey that seeks to determine the stakeholders’ understanding of data privacy and their views on if and how it should be regulated.

  + CPCAP is preparing a Data Privacy Brief that explains data privacy regulation in simple terms and compares the various regulatory approaches being implemented throughout the world.

  + The project includes advocacy for a data privacy law and continuing assistance to Congress in improving data privacy bills that have been filed and those that are about to be filed. ]]></description><pubDate>Tue, 22 Apr 2008 00:51:00 +0000</pubDate><link>http://www.cpcap.org/data-privacy/data-privacy-project/</link><guid>http://www.cpcap.org/data-privacy/data-privacy-project/</guid></item><item><title><![CDATA[Introduction to eRulemaking *]]></title><description><![CDATA[  INTRODUCTION TO ERULEMAKING  
  
"Electronic rulemaking" refers to the use of internet and on-line tools for the development and implementation of regulations.  Rulemaking involves a host of informational challenges, from the beginning of the process where a government agency obtains relevant information to identify and understand problems within its jurisdiction, up to the point where it formulates appropriate regulatory responses.  Whether or not such responses will gain public acceptance depends on many factors, but the importance of public access to and involvement in rulemaking cannot be denied. 
    
  A partnership in rulemaking between the public and private sectors, in theory, ensures a balanced approach to rulemaking that takes into account both public interest requirements and the concerns of the private sector, whether commercial or personal. In practice, however, this partnership suffers from an unexpected constraint - the practical difficulty of reaching, much less, considering the broad range of private sector concerns. Thus, the potential benefits from collaborative efforts between government and the private sector remain largely unrealized.

  The rise of the internet into the mainstream has prompted many government agencies to construct websites containing rulemaking documents, allowing the public to submit electronic comments on proposed regulations.  Since the transmission and processing of information lies at the core of rulemaking, digital technologies offer enormous potential for enhancing the rulemaking process.  E-mail or similar methods of submission written comments are only first steps.  The internet and readily available online tools may be utilized to create a rich and interactive environment for discussion between government and the citizenry.

  The use of the online environment is not new to the National Telecommunications Commission: its website already includes information about relevant laws, rules and regulations, notices of public hearings and  invitations for relevant stakeholders and the general public to submit comments to proposed regulations.  The E-rulemaking facility builds on these services and provides a virtual environment where the NTC and the public can engage in discussion about issues and proposed rules. It facilitates interactive communications that simulate traditional, physical hearings while at the same time offers tools that enable asynchronous discussions.  It enhances the transparency of the rulemaking process and increases opportunities for citizen involvement.

  Welcome to the NTC E-Rulemaking service.
  
  
  *   This is the introductory note made by Atty. Claro V. Parlade, Executive Director of CPCAP, for the How To Guide for Public Users and Workgroups, which was distributed to participants during the Erulemaking Grand Launching on 29 June 2005  
]]></description><pubDate>Tue, 22 Apr 2008 00:43:09 +0000</pubDate><link>http://www.cpcap.org/erulemaking/introduction-to-erulemaking-/</link><guid>http://www.cpcap.org/erulemaking/introduction-to-erulemaking-/</guid></item></channel></rss>