Jul
05
2011
The Italian Google-Case: Privacy, Freedom of Speech and Responsibility of Providers for User-Generated Contents
Giovanni Sartor, Mario Viola de Azevedo Cunha<br />Dec 1, 2010; 18:356-378<br />Articles
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Category: Law & Technology
Jul
05
2011
Online Social Networking and the Right to Privacy: The Conflicting Rights of Privacy and Expression
Althaf Marsoof<br />Jun 1, 2011; 19:110-132<br />Articles
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Jul
04
2011
Online Social Networking and the Right to Privacy: The Conflicting Rights of Privacy and Expression
Althaf Marsoof<br />Jun 1, 2011; 19:110-132<br />Articles
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Jul
04
2011
Towards new recognition of liability in the digital world: should we be more creative?
The emergence of intelligent software, which operates autonomously and not only automatically, may give rise to many difficulties especially with regard to the attribution of liability for the actions of such software. This paper thus explores some of these difficulties and examines how intelligent software agents differ from other software applications, and how liability should be attributed in light of such differences. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to successfully handle intelligent software agents and their potential effects in the digital world.
May
31
2011
The Italian Google-Case: Privacy, Freedom of Speech and Responsibility of Providers for User-Generated Contents
Giovanni Sartor, Mario Viola de Azevedo Cunha<br />Dec 1, 2010; 18:356-378<br />Articles
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May
31
2011
When Rights Clash Online: The Tracking of P2p Copyright Infringements Vs. the EC Personal Data Directive
Okechukwu Benjamin Vincents<br />Sep 1, 2008; 16:270-296<br />Articles
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May
31
2011
Restricting Access to the Internet by Sex Offenders
In recent years there has been a debate as to whether access to the internet can now be considered a human right. If internet access is a human right then this would raise the question as to whether it is possible to ever restrict an individual’s internet access or make it subject to limitations. One area where individuals are currently the subject of limitations is child sex offences where some internet offenders have access to the internet either prohibited or subject to significant limitations. This article considers the approach and legality of such restrictions by focusing on two jurisdictions; England and Wales and the United States of America.
May
31
2011
Communications Data Retention in an Evolving Internet
The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. Its compatibility with the Charter of Fundamental Rights is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.
May
30
2011
Communications Data Retention in an Evolving Internet
The 2006 Data Retention Directive requires EU-based Internet Service Providers to store information on customers and their online communications. The Directive is being reviewed by the European Commission, and has been criticised in a number of recent national constitutional court judgments due to its impact on privacy. Its compatibility with the Charter of Fundamental Rights is now being considered by the European Court of Justice. This article describes the likely impact on data retention of further developments in Internet usage, technology and law. It outlines the increasing use of private networks and member community sites that are not subject to the Directive, and the changes in surveillance technology and practice that some member states have proposed in response. It concludes by analysing the key factors to be taken into account in the EC and ECJ reviews, and suggests more proportionate and effective mechanisms for preserving appropriate law enforcement access to communications data.
May
30
2011
Online Social Networking and the Right to Privacy: The Conflicting Rights of Privacy and Expression
The advancement of Information Technology has hastened the ability to disseminate information across the globe. In particular, the recent trends in ‘Social Networking’ have led to a spark in personally sensitive information being published on the World Wide Web. While such socially active websites are creative tools for expressing one’s personality it also entails serious privacy concerns. Thus, Social Networking websites could be termed a double edged sword. It is important for the law to keep abreast of these developments in technology. The purpose of this paper is to demonstrate the limits of extending existing laws to battle privacy intrusions in the Internet especially in the context of social networking. It is suggested that privacy specific legislation is the most appropriate means of protecting online privacy. In doing so it is important to maintain a balance between the competing right of expression, the failure of which may hinder the reaping of benefits offered by Internet technology.
