Tag: Internet Law

Important Lessons from a Swiss juridique Konferenz

Posted on by lauraanneayres

September 11th and 12th found me sitting in a breathtakingly gorgeous room in St. Gallen, Switzerland attending a legal conference the presentations of which were in two languages which were both foreign to me a mere 6 years ago.

Yep. Same girl that wrote that book you all love. Now, I’m attending legal conferences. Go figure.

Regardless of my green status, I held my own.

Well, maybe not on day one. My brain didn’t trust itself. I translated everything that was said into English and wrote my notes in English, as well. I left with chicken scratch about most of the presentations (thankfully not the one given by my new professor, who was amazing and thankfully did not speak at the speed of a Texas bullet) and a gigantic headache.

I wasn’t sure if there was a point in attending day two. At three o’clock that morning, it hit me – let go. Listen to the words and write your notes in German.

I tried it and it worked. Thank God because one of the presentations yesterday changed the way I will approach my thesis (if it gets approved). Thanks to the Swiss guy who sounds like he’s from Luzern, but is actually from Solothurn/Cambridge, Mass…go mighty Crimson…moving on.

Swiss people do something by nature that continues to astonish me. They easily flow from one language to another. They can, and do, seemingly seamlessly answer a question posed in French with an answer formulated in German (and vis versa). Above that rests a familiarity and comfort with English that blows my mind given how complex this language is (for example, I can say, “The money I had had had had little worth in the end,” and this sentence is a perfectly acceptable sentence utilizing double past perfect. It’s also a perfectly acceptable reason to drink Vodka shots. Moving on…). Anyway, the ease of linguistics was my first lesson this weekend: keep my languages (specifically words and thoughts) flexible.

The second lesson was something I’ve seen in both conferences this summer (the other being the remarkable conference on Internet Jurisdiction, hosted by the University of Geneva in June). The Swiss rarely dig their heels in and, instead, will find a way to say “perhaps, I’m not sure, it’s possible that, well have you considered” in the most flowery way and end it with “you might be wrong?” We all will be at one point and time! Second lesson: keep my “feet” nimble and ready to move. Not easy for a Texas girl, no matter how liberal she has always been.

What I’m learning about these two particular “Swiss” approaches is how crucial both are to moving forward. We can no longer (especially in the area of law in the digital age) continue to sit still, review data, and “write legislation.” The majority of legislation in this field, for the foreseeable future, has the lifespan of a fruit fly. It needs almost constant reworking, rewording, amending, reviewing, re-creating, etc. The moment after it is accepted as law and applied, chances are good it will already be obsolete or facing obscurity. Let me put it this way for all you Torah/Bible folks out there:

Each of us owns a tablet, but the age of stone tablets is over.

Don’t dig my heels in. Stay agile. It’s common for me to be dewy-eyed and optimistic, but I remain optimistic about my thesis and what it might add to the landscape. I learned many things this weekend that will help me a great deal.

This country continues to teach me life lessons.

Switzerland’s Great Obligation (Thoughts after my First Week of Legal Studies)

Posted on by lauraanneayres

Many of my blog readers may have gathered (given that you are also Twitter followers), I started my legal studies this week. It’s only a decade (plus some change) after I started the first time. Totally normal.

It’s also totally normal to understand The Right To Be Forgotten because, unlike your colleagues, you’ve had to argue it to have videos of yourself removed.

It’s all normal. At least it is for me. It’s “my” normal.

You all also know that I am a fierce, steadfast defender of Switzerland. I bleed not only red, but small flecks of white. I am a die-hard Swissie (now, I can say it because it’s no longer a wish, I have ancestors).

After this really long, but completely fascinating week of study, I have learned too much to say too much at this point. I can say, it is my hope to be a small part, someday, of Switzerland’s Great Obligation. Switzerland holds the very heart of the globalization in Geneva; therefore, in my opinion, Switzerland has a Great Obligation.

Global policy makers, global human rights defenders, global jurisdiction deciders, internet dispute mediators, etc. all find their home..in Geneva. Again, Switzerland has the heart of globalization because it has, within its borders, Geneva.

Is it dramatic to refer to it as a Great Obligation (my American term)? I don’t think so. This beautiful country of mountains, cheese, and chocolate is in a literal, geographical, and international position of great responsibility. Nations, private individuals, and public entities at war or in conflict look to Switzerland (and still the US in many circumstances) for a decisive understanding of how to move forward. Is there a greater responsibility and thus obligation for neutrality anywhere? I can find none to rival Geneva.

There is, in Geneva, unique ability and possibility, because of the shared physical location of these powerful bodies, to institute lasting, productive, globally-applicable change…in cooperation and consort…face to face…with each other. I watched them do it this week! Also, the landscape of the location and approach that is deemed “acceptable,” it matters. I truly believe that has an impact at a high level to most, and at a subconscious level to others, that Switzerland has historically held the approach, one with which I concur and from which I have learned, to deal with issues affecting the current and future global landscape with “everything on the head in proportion” – two ears, two eyes, a large brain, and ONE mouth. I feel Switzerland exercises its Great Obligation by using this appropriate proportionality. It sets the tone for all discussions happening under a Swiss flag.

I finish the week knowing the difference between bitcoin and blackcoin. I know the argument about ICANN being in the US is more about political grumblings than substantive policy issues or geographical location problems. I know there is no clear answer to the question, “What are alternative resolution systems for Internet-related disputes today and tomorrow?”…but! I know there are so damn fine ideas in the works. Some of which were formulated because Professor Jacques de Werra brought these international leaders together this past week…face to face…in cooperation…in Geneva.

Interestingly enough, what I really know is that I am, yet again, in the beginning stages of something I will master. I will. Hell, my own computer says I need to spell check “bitcoin” and “blackcoin.” This field into which I am headed is an abyss. Dealing with either area (international trade policy or IP) will require me to follow the behavior demonstrated to me in the past week by esteemed leaders and also by Switzerland’s approach to it all. I need to first listen without my own filter. Then, I need to make a proportional response – two ears, one brain, one mouth.

It’s all about listening more and talking less (and with very concise, thoughtful words).

Something I should truly enjoy after a career that required my mouth to usually be open, my decibel level to be (fairly) loud, and my words to be both many and also not my own.