Legal aspects of computing

Legal aspects of computing

Overlapping legal and computing are related to the legal aspects of computing. 

Historically, the first one is the Information Technology Act (or IT law). (It should not be confused with the IT aspects of the law itself, but between the two, as well) overlap. 

IT "is a set of laws and regulations that currently exist in several countries, the management of digital transmission of two (digital) information and the software itself (see the history of free and open source software). IT law including digital information (including information security and e-commerce), the "paperless environment", which has been described as "paper laws." 

Network or the Internet law is a legal term that encapsulates the use of Internet-related legal issues. This is less obvious than the field of intellectual property law or contract law, because it is a field that involves many areas of law and regulations. Some of the major issues, including Internet access and use, privacy, freedom of expression, and jurisdiction. 

Areas of law 

Software France 

A general intellectual property, including copyright, fair use rules, and digital media copy protection special rules to avoid such programs. The area of ​​software patents is controversial in Europe and elsewhere are still evolving. 

Software licenses, end user license agreement, free software licenses and open source licenses related topics involving product liability, professional liability of individual developers, security law, contract law, trade secrets and intellectual property. 

In different countries and regions computing and communications industry regulation - often strictly - by government agencies. 

There are rules of use, can be placed on computers and computer networks, especially in the unauthorized access, data privacy and spam rules. The use of encryption technology and equipment, can be used to overcome the copy protection scheme also has limitations. Between hardware and software, some of the country's export is also controlled. 

There are laws governing the Internet, taxation, consumer protection, and advertising trade. 

There are laws and freedom of expression on the review of the rules on public access to government information, personal access to information held by the private sector. What data must be retained enforcement shall not collect or retain, for the protection of privacy laws. 

In certain circumstances and jurisdictions, computer communications may be used as evidence, and build contract. Wiretapping and surveillance of new methods, the computer may be provided by a wildly how they may be used as evidence in a court of law enforcement agencies and different rules. 

Internet and mobile telephone voting, voting by voting machine computer technology to improve the host's legal issues. 

Some countries restrict access to the Internet, through legal and technical means. 

Jurisdiction 

Jurisdiction and sovereignty have quickly come to the fore in the Internet era. 

Jurisdiction is an aspect of national sovereignty, it refers to the judicial, legislative and administrative capacity. Although jurisdiction is an aspect of sovereignty, it can not coexist with it. A country's laws may have extraterritorial effects extending beyond the jurisdiction of the country's sovereignty and territorial restrictions. Internet as a medium does not explicitly recognize the sovereignty and geographical constraints, the problem is particularly serious. There is no single, universal application of international law jurisdictions, such problems are generally the law, especially international private law conflicts. An example is a site's content is in a state of law, and in another illegal. In a unified jurisdiction code in the case, a legal practitioner is usually not conflict with the law. 

Another major problem network method is whether the Internet, if it is a physical space (and thus subject to the laws of a jurisdiction), or to act, if the Internet is a world on its own (so this limitation). Who is in favor of the latter view tend to believe that the government should leave the Internet community self-regulation. For example, John Perry Barlow, to solve the world's governments, and said, "Where there is a real conflict, where there is wrongdoing, we will find them in their own way to solve these problems, we are forming our own The social contract of governance would produce the conditions of our world, not yours, and our world is different. " 

[2] a more balanced choice is Cyber ​​secession declaration: "humans have minds, they are absolutely free, there is no legally binding living human civilization to develop its own (collective) mind, what we want is to live in freedom It is not legally binding. since you so that we can not hurt you, you have no moral right to invade our lives, so stop the invasion! "[3] Other scholars argue the two concepts, such as Lawrence Lessig's argument "The problem is the law of how to regulate the work of the two communities is a compromise between the given application, subject to the applicable object may be in two places once" (Lessig, code 190). 

Jurisdiction and the internationalism of the Internet, is more difficult than the previous area, courts in different countries have taken different views on whether they have jurisdiction over the items on the Internet, on the Internet or enterprise agreement. This can include everything from contract law, trading standards and tax fields, through unauthorized access, data privacyand spam to the political field, such as freedom of speech, review, defamation or incitement rules. 

Of course, the law does not apply to "cyberspace," the frontier concept is incorrect. In fact, from different jurisdictions may apply conflict of laws, while the same event. Tend to make the Internet knows no geographical and jurisdictional boundaries clear, but Internet users are still in the physical jurisdiction, and by their presence on the Internet and independent legal. [4] Thus, a single transaction may involve the laws of at least three jurisdictions: 

User's country / nation's laws, 

Country / nation, located server hosting for trading, legal, 

Country / nation with whom the law applies to individuals or corporate transaction. 

Therefore, a user in a United States through a server in Canada, in the United Kingdom trade with other users can theoretically be all three countries the law as it relates to trading hands.

 [5]In practical applications, the user's Internet, he or she is on-line state or national laws. Thus, in the United States, Jack Baker, his face criminal charges electron behavior, and numerous user-to-peer file-sharing software copyright infringement civil action. The system operates in conflict, however, when these suits are international in nature. In short, in a state of legal acts may be another decidedly illegal. In fact, even if the burden of proof in civil cases concerning the different standards, can cause the issue of jurisdiction. For example, a U.S. Masters, U.S. online magazine claimed to have been insulted, faced with a daunting task, winning sued the magazine for libel. However, if the celebrities are related, economic or other, to England, he or she can "defamatory remarks" standard is much lower than in the UK court system, prosecution for defamation. 

Internet governance is a live issue, such as the International Telecommunication Union's (ITU) International Forum, currently headquartered in the United States the role of coordinating agency of the United Nations discussed the company name and the Internet Assigned Numbers Authority (ICANN) 2003 organized in December of World Summit on the Information Society (WSIS) 

Internet Law 

If there are legal governance of the Internet, these laws seem to be fundamentally different geographical state laws in use today. The unique structure of the Internet has raised several judicial concerns. There is a lot of literature and commentary, the Internet is not only a "regulation", but has been subject to a number of laws and regulations, including public and private sectors, many people on many different levels. Ignoring the geographical boundaries of the Internet, national laws can not be applied in the world, it has been suggested that rather than the Internet can be for their own cross-country "national" self-regulation. 

As the Internet's legal representative of a legal paradigm shift, it is still in the process of development. [6] In their article, "Law and Borders - The rise of law in cyberspace," David · R · G Johnson and David Post, that it became necessary to obey the Internet self-management and the laws of a particular country, instead of "network citizen" will comply with the law, electronics and other entities ISP. Identified as a physical person, but Internet citizens will be their username or e-mail address (or, more recently, through their Facebook account). 

Leaving aside the Internet censorship in countries like China and Saudi Arabia or Iran (monitoring contents) the most obvious example, there are four major Lawrence Lessig in his book describes the Internet regulatory model, code and other laws of cyberspace : 

1. France: The standard code for the east coast, the most obvious mode of regulation. Because many regulations, evolving case law and precedents make clear, many of the actions on the Internet has been the traditional legislative (on publishing images on the Internet transactions). Gambling, child pornography and fraud are very similar way, online offline supervision. While changing the law of the most controversial and one of the places clear what subject matter jurisdiction of the forum on the Internet activities (economic and other), especially in cross-border transactions affect local jurisdictions determination, it is certainly is clear, the main part of the Internet activity is subject to traditional regulation, this behavior is illegal off-line is presumed illegal online similar laws and regulations, and subject. Scandal led to U.S. legislation reflect corporate governance regulations such as Sarbanes - Oxley large enterprises. 

2. Architecture: West Coast Code: these mechanisms involve the parameter information, can not spread on the Internet. Everything from Internet filtering software (search for keywords or specific URL and stop them before they can even appear on the computer, ask them), encryption, TCP / IP protocol is the basic structure of the regulation fall into this category. All other regulatory model, which is controversial, whether it is to rely on, or significant support, adjustable via the West Coast code. 

3. Specification: In all other modes of social interaction, behavior is affected by social norms and conventions significant way. While certain activities or various online behavior may not be explicitly prohibited the code architecture of the Internet, or expressly prohibited by applicable law, but these activities or behavior will be invisible to the inherent regulation of social standards, in this case, the Internet. " users. " Like some of the behavioral patterns will lead to individuals from our real world social exclusion, so too certain actions will be subject to review or selection on the Internet with any social norms of self-regulation. 

4. Market close, with social norms and regulation, market regulation on the Internet, some of the behavior patterns. Although the economic impact of the market is limited, in the non-commercial part of the Internet, the Internet has created a virtual market information that will affect everything from the traditional stock valuation comparison valuation services. In addition, for a variety of forms of commercial activity, and as a forum for advertising as a means to increase the popularity of the Internet has brought supply and demand in cyberspace law. 

Net neutrality 

Another major area of ​​interest is the network neutrality, thus affecting the regulation of the Internet infrastructure. Although not obvious, most Internet users, each user on the Internet to send and receive data in each packet through the router and transmission infrastructure consists of a collection of private and public entities, including telecommunications companies, universities and government-owned, suggesting that The Internet is not as independent Barlow and others are willing to believe. This is turning into the most critical aspects of the network method, one has a direct impact on jurisdictions, existing laws in one jurisdiction may have a dramatic effect, when the host server or telecom company in other jurisdictions affected. 

Freedom of expression on the Internet 

Universal Declaration of Human Rights, "on page 19 requires protection of freedom of expression in all media. 

Compared to the traditional print media, accessibility and relative anonymity of cyberspace down the individual and his or her ability to publish the traditional barriers between. Anyone with an Internet connection could reach tens of millions of viewers and there are no distribution costs. However, this new form of highly open copyright in cyberspace questioned and may amplify complex legal issues relating to speech in cyberspace freedom and specification 

These complexities, take many forms, three notable example was Jack Baker incident, in which obscene Internet postings in the release limits, controversy distribution theDeCSS code, v Dow Jones Gutnick, defamation law is considered to be published online in the context . The last example is particularly important because it epitomized apply a national law (country-specific definitions), the Internet (international character) inherent complexity. Jonathan Zittrain in 2003, considered this issue in his paper, "Be careful with your request: coordinate global Internet and local laws." 

In the UK Keith - Smith case worlinc thinking confirmed that existing libel laws apply to online discussions