Research

07 April 2014

Protecting Children from the Dark Side of the Internet by John Dayton. Anne Proffitt Dupre & Christine Kiracofe [Education Law Reporter] Social Science Research Network

Abstract: Allowing children to be exposed to pornography or other harmful materials on the Internet is patently unacceptable. So why are children still exposed to a very real threat of viewing these materials on the Internet a full decade after Congress began its efforts to protect children from this danger? Although it is clear that children need to be protected from harmful materials on the Internet, Congress' attempts to address this problem have raised difficult legal and practical questions.

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31 March 2014

SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and Agreements by Michael A. Carrier [Northwestern Journal of Technology and Intellectual Property] Social Science Research Network

Abstract: In the past few years, proposed copyright legislation and trade agreements have received significant attention. Critics have attacked the secrecy with which trade agreements are negotiated behind closed doors. And they have pointed out concerns with legislation including censorship, a lack of due process, and compromised Internet security. But the effect of these developments on innovation has not received sufficient attention. This article addresses this gap.

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27 March 2014

Crime in Cyberspace: Offenders and the Role of Organized Crime Groups by Roderic Broadhurst, Peter Grabosky, Mamoun Alazab, Brigitte Bouhours & Steve Ki-hong Chon Social Science Research Network

Abstract: This working paper summarizes what is currently known about cybercrime offenders and groups. The paper briefly outlines definition and scope of cybercrime, the theoretical and empirical challenges in addressing what is known about cyber offenders, and the likely role of organized crime groups.

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19 March 2014

Pew: Digital Life in 2025: Experts predict the Internet will become 'like electricity' - less visible, yet more deeply embedded in people's lives for good and ill Pew Research Center's Internet and American Life Project

This report is the latest research report in a sustained effort throughout 2014 by the Pew Research Center to mark the 25th anniversary of the creation of the World Wide Web by Sir Tim Berners-Lee. He wrote a paper on March 12, 1989 proposing an "information management" system that became the conceptual and architectural structure for the Web. He eventually released the code for his system -- for free -- to the world on Christmas Day in 1990. It became a milestone in easing the way for ordinary people to access documents and interact over the Internet -- a system that linked computers and that had been around for years.

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17 March 2014

Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act by Russell W. Jacobs Columbia Science and Technology Law Review

Abstract: With the advent of the digital age, authors of creative works enjoy the benefits of quickly and inexpensively distributing their works to global audiences. These developments have unfortunately led to the negative consequence that pirated, unauthorized, or altered copies reach potential users before the creator of the work releases the authentic version according to his or her terms. The Digital Millennium Copyright Act of 1998 sought to address some of these concerns by punishing circumventions of technologies controlling access to copyrighted works (17 U.S.C. § 1201) and by protecting "copyright management information," i.e. the data identifying the author and the terms of use of a copyrighted work.

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10 March 2014

The Italian Google-Case: Privacy, Freedom of Speech and Responsibility of Providers for User-Generated Contents by Giovanni Sartor & Mario Viola de Azevedo Cunha International Journal of Law and Information Technology

In a recent decision of the Tribunal of Milan three Google executives were convicted for violating data protection law, in connection with the online posting of a video showing a disabled person being bullied and insulted. This paper, after illustrating the facts of the case and the reasoning of the judge, discusses the main issue at stake, namely, the role and responsibilities of providers of platforms for user-created contents with regard to violations of data privacy.

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03 March 2014

Could A Small Town in Romania bring Australia to its Cyber-knees? Not if They Accede to the EU Convention on Cybercrime by Angela Adrian Journal of International Commercial Law and Technology

Abstract: On 30 April 2010, Attorney-General, Robert McClelland, and Minister for Foreign Affairs, Stephen Smith, announced Australia's intention to accede to the Council of Europe Convention on Cybercrime. (Media Release, 2010) The Convention is the only binding international treaty on cybercrime. It serves as both a guide for nations developing comprehensive national legislation on cybercrime and as a framework for international co-operation between signatory countries. Cybercrime poses a significant challenge for our law enforcement and criminal justice system.

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26 February 2014

The growing tension between copyright and personal data protection on an online environment: The position of Internet Service Providers according to the European Court of Justice by Maria Ioanna Rantou European Journal of Law and Technology

Abstract: Online piracy is one of the most interesting, complex and topical issues relating to copyright today. It is engaging because it appeals to academics as much as it does to the general public, and it is as crucial for the governments as it is for the stakeholders involved. Moreover, from a legal perspective, it presents a multitude of interesting aspects to explore.

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10 February 2014

Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law by Michael A. Arnold, Eric Darmon, Sylvain Dejean & Thierry Pénard Social Science Research Network

Abstract: Most developed countries have tried to restrain digital piracy by strengthening laws against copyright infringement. In 2009, France implemented the Hadopi law. Under this law individuals receive a warning the first two times they are detected illegally sharing content through peer to peer (P2P) networks. Legal action is only taken when a third violation is detected. We analyze the impact of this law on individual behavior.

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27 January 2014

The Privilege of Speech and New Media: Conceptualizing China's Communications Law in the Internet Era by Rogier Creemers Social Science Research Network

Abstract: Even though Article 35 of the Chinese Constitution theoretically guarantees the freedom of speech and of the press, it is a well-known fact that in reality, speech in China can be very costly indeed. In the massive body of laws and regulations promulgated in the area of culture after 1979, there are ample provisions imposing severe punishment for many speech or press-related activities, while few provisions protect expression against State.

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20 January 2014

International Internet Governance, Innovation & The International Telecommunications Union by Jonathan Sallet Social Science Research Network

Abstract:The 19th Century telegraph and the 20th Century telephone are relatively simple mechanisms of communication. A single technology, widely deployed, with content supplied by its users. The Internet ecosystem is much more complex - bringing together divergent technologies of transmission (mobile and fixed), usage, storages, hardware and software - empowering very divergent forms of content, personalized on each device that is connected to the network of networks.

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12 January 2014

Enhanced Cooperation in Governance by Samantha Dickinson, William H. Dutton, Marilia Maciel, Desiree Miloshevic & Vladimir Radunovic Social Science Research Network

Abstract: The concept of enhanced cooperation in Internet governance arose with the Tunis Agenda for the Information Society. In the years since the Tunis Agenda was written, "enhanced cooperation" has remained subject to differing interpretations. To assist with ongoing discussions on how to further implement enhanced cooperation in international public policy issues pertaining to the Internet, this paper presents an overview of the World Summit on the Information Society (WSIS) documents and provides of description of a selection of activities in the Internet governance space where governments work with other stakeholders on issues related to international public policy.

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08 January 2014

Is Youtube a Copyright Infringer? The Liability of Internet Hosting Providers Under Spanish Law by Pedro Letai Social Science Research Network

Abstract: The working paper focuses on the current situation of Spanish legislation on Internet Service Providers liability, particularly dealing with the hosting service. It starts by presenting the Spanish liability system and the more salient peculiarities of the Spanish transposition of the safe harbors laid down in the E-Commerce Directive.

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03 January 2014

The Internet in China by Richard Cullen & D. W. Choy [Columbia Journal of Asian Law] Social Science Research Network

Abstract: The impact of the Internet on all spheres of life, political, commercial, and social, has been very significant. For a country like China, which regards modernization as a near absolute fundamental value, the allure of the Internet is immense.

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29 December 2013

China's Media: The Impact of the Internet by Richard Cullen & D. W. Choy [San Diego international Law Review] Social Science Research Network

Abstract: This article reviews the operation, growth and particularly the (often confused and complex) regulation of the Internet within the People's Republic of China; both the largest and most successful (by many measures) One Party State the world has seen.

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23 December 2013

The App Economy OECD

Mobile applications, also known as "apps", are a highly innovative and are an expanding sector of the economy, so policy makers are keen to maximise their innovative potential. Mobile platform markets are fiercely competitive, as highlighted by the recent rise and decline of platforms such as Blackberry, and governments are rightfully allowing market mechanisms to play out with minimal government intervention.

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17 December 2013

Censorship V3.1 by Derek E. Bambauer [Arizona Legal Studies Discussion Paper] Social Science Research Network

Abstract: Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to use technology to restrain unwanted information. Its latest iteration, Version 3.1, involves near-ubiquitous censorship by democratic and authoritarian countries alike.

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26 November 2013

Privacy in Cyberworld: Why Lock the Gate After the Horse Has Bolted? by Lisa Collingwood European Journal of Law and Technology

Abstract: In this paper, the author sets out to critique the way in which the principles of off-line privacy protection apply in an on-line environment. The UK approach will be focused upon, the objective being to consider what (non-celebrity) on-line claimants might expect in bringing a privacy violation claim through the domestic courts. The essential characteristics of communicating on-line will be examined so as to explore the nature of an action in misuse of private information and the potential hurdles that require to be overcome before a claim in privacy violation can be remedied at common law.

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18 November 2013

Thinking Clearly About Multistakeholder Internet Governance by Dr. Laura DeNardis (American University ; Yale Information Society Project) & Mark Raymond (Centre for International Governance Innovation) Social Science Research Network

Abstract: Efforts to study and practice Internet governance start, virtually without exception, from the premise that the Internet is governed by an innovative, unusual (perhaps unique) 'multistakeholder' model. Preserving that model is a primary goal for the broader Internet community as well as for many governments, though not for all. Viewing multistakeholderism as a teleological goal for Internet governance creates several problems. First, multistakeholderism is often elevated as a value in itself rather than as a possible approach to meeting more salient public interest objectives such as preserving Internet interoperability, stability, security, and openness. Second, multistakeholder governance may not be appropriate in every functional area of Internet governance. Internet coordination is not a monolithic practice but rather a multilayered series of tasks of which some are appropriately relegated to the private sector, some the purview of traditional nation-state governance or international treaty negotiations, and some more appropriately multistakeholder. It is a misnomer to speak not only of multistakeholder governance but also of Internet governance as a single thing.

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28 October 2013

The Three Strikes And You Are Out Challenge by Felipe Romero Moreno European Journal of Law and Technology

Abstract: The UK Digital Economy Act 2010 (DEA), which comprises graduated response measures intended to prevent virtual intellectual property (IP) contravention has generated heated debate. While some research has started to investigate the provisions for dealing with online copyright infringement, little attention has been paid to the fact that technology is fast exceeding the confines of this legislation.

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14 October 2013

Three songs and you are disconnected from cyberspace? Not in Germany where the industry may 'turn piracy into profit' by Sandra Schmitz & Thorsten Ries European Journal of Law and Technology

Abstract: Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the latest being graduated response schemes, where the alleged infringer is initially warned twice before he is sanctioned. In this context questions arise inter alia as regards the identification of the actual infringer, information rights of the rights holder, reliability of tracking methods or judicial review of the allegations. In this context, it is of some interest to see how these questions are dealt with under similar regimes. This paper outlines how these questions and online copyright infringements in general are targeted under German civil law and how this has become a profitable tool of the music and film industry, in particular following the introduction of further information rights by the Enforcement Directive. It critically evaluates the recent developments in Germany and argues for a more restrictive interpretation of the relevant provision of the German Copyright Act.

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07 October 2013

The Internet Economy on the Rise: Progress since the Seoul Declaration OECD

This publication reviews progress made since the 2008 OECD Seoul Declaration for the Future of the Internet Economy and identifies areas for future work. Seven themes are addressed in the work as follows:

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30 September 2013

Response to the consultation by the Body of European Regulators in Electronic Communications BEREC on Net Neutrality Policy by Joseph Savirimuthu European Journal of Law and Technology

... On 22 June 2011, it was reported that the Netherlands became the first country in Europe to legislate for Network Neutrality principles. Information and communication service providers like mobile telephone operators are now banned from blocking or charging consumers extra for using Internet-based communication services. In the United States, the Federal Communications Commission adopted a set of rules for its Net Neutrality policy, which comes into operation on 20 November 2011. The industry has not fully endorsed this policy and has launched a legal challenge. Network Neutrality policymaking provokes a wide range of reactions as evidenced by consultation processes in the US, UK and EU. These reactions are in essence a product of the perspectives the various actors in this debate bring to bear (e.g. policymakers, industry, innovators, consumers and citizens) on questions relating to who can or should define the rules on what we access, how we access and what we consume from providers like ISPs, Google, Apple, Skype, broadcasting and telecommunication companies.

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13 September 2013

Response to the consultation by the Body of European Regulators in Electronic Communications BEREC on Net Neutrality Policy by Joseph Savirimuthu European Journal of Law and Technology

Abstract: This is a collaborative submission from a group of academics based in the UK with expertise in Information technology law and related areas. The preparation of the response has been funded by the British and Irish Law Education Law and Technology Association. The response has been co-ordinated by the Information Technology Think Tank, which is supported by the Arts & Humanities Research Council and led by the SCRIPT/AHRC Centre for Research and Intellectual Property and Technology, University of Edinburgh. This response has been prepared by Joseph Savirimuthu, a Lecturer in Law at the University of Liverpool.

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03 September 2013

Jurisdiction for Human Rights Violations on the Internet by Gregor Heissl European Journal of Law and Technology

Abstract: The lack of regional confinement is the Internet's main characteristic feature. Due to that the determination of jurisdiction for probable third party Human Rights violations is challenging. Existing regulations are strongly related to certain territories. This essay discusses a new approach from the US-American legal order including the aiming of the information.

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