12. Virtual criminality

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Cyber Bullying ◽  
Global Environment ◽  
The Internet ◽  
Council Of Europe ◽  
Internet Pornography ◽  
Societal Values ◽  
Nation States ◽  
The Law ◽  
Bullying And Harassment

This chapter examines the law on virtual crimes, including those covering Internet pornography, photographs and pseudo-photographs, and multimedia products. It discusses the difficulty of applying localised concepts of obscenity—which are dictated by cultural, religious, and societal values—in the global environment of the Internet. It also considers the issue of cyber bullying and harassment. It is shown that nation states have difficulty enforcing their own policies regarding what is or is not acceptable. However, matters assume a different perspective when there is a commonality of approach between the jurisdiction where material is hosted and where it is accessed. In this, the Council of Europe Convention on Cybercrime is a significant, albeit limited, development.

11. Virtual criminality

2020 ◽  
pp. 189-202
Author(s):  
Ian J. Lloyd
Keyword(s):  
Cyber Bullying ◽  
Global Environment ◽  
The Internet ◽  
Council Of Europe ◽  
Internet Pornography ◽  
Societal Values ◽  
Nation States ◽  
The Law ◽  
Bullying And Harassment

This chapter examines the law on virtual crimes, including those covering Internet pornography, photographs and pseudo-photographs, and multimedia products. It discusses the difficulty of applying localised concepts of obscenity—which are dictated by cultural, religious, and societal values—in the global environment of the Internet. It also considers the issue of cyber bullying and harassment. It is shown that nation states have difficulty enforcing their own policies regarding what is or is not acceptable. However, matters assume a different perspective when there is a commonality of approach between the jurisdiction where material is hosted and where it is accessed. In this, the Council of Europe Convention on Cybercrime is a significant, albeit limited, development.

scholarly journals Microsoft Corp. v. United States and the ‘Hot Pursuit’: A Case Study Against the Application of the Law of the Sea into the Cyberspace

2021 ◽  
Vol 81 (3) ◽  
pp. 755-780
Author(s):  
Patricia A. Vargas-León
Keyword(s):  
United States ◽  
International Law ◽  
Law Of The Sea ◽  
The Internet ◽  
Internet Infrastructure ◽  
Nation States ◽  
Stakeholder Model ◽  
The Law ◽  
Multi Stakeholder

In today's world, no treaty regulates the cyberspace or the Internet. To some extent, the multi-stakeholder model has successfully kept the Internet free of a unique point of control, yet some nation-states advocate for a government-based-model. Amid the Internet Corporation for Assigned Names and Numbers (ICANN) transition debate, some governments favoured a cyberspace regulation in the hands of an inter-governmental organisation. Additionally, western democracies have advocated to declare the cyberspace a fifth domain. Reasons for these different perceptions are related to the different conceptions nation-states have what should be the governance model for a resource beyond their traditional borders. Considering this dichotomy, this paper analyses the negative implications of applying the law of the sea into cyberspace. For this purpose, this paper will explore the concept of the 'right of hot pursuit', one of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). The research methodology includes as a case-study Microsoft Corp. v. United States also known as the 'Microsoft Ireland' case. This case was selected because it exemplified how government administrations attempt to use the principles of international law to protect their sovereignty over the Internet infrastructure located in their territory, even when the access to that infrastructure is 'virtual' and there is no need to access such infrastructure physically. Facing this scenario, where governments try to exercise their sovereignty beyond their territorial borders, this paper will: 1. Provide an overview of the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS) interpretations of the hot pursuit to determine the international legal conception over this principle. 2. Analyse the arguments of the parties involved in the Microsoft Ireland case about why one nation-state's sovereignty should be applied or not beyond the borders of its territory. 3. Analyse the negative repercussions of including the hot pursuit and the fictional fragmentation of the ocean into the cyberspace. Findings expect to enrich the discussion within the Internet governance debate and understand the consequences of (1) applying the international law over the Internet infrastructure and (2) clarify the traditional legal approach that spaces without nation-states' sovereignty should not exist.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

Internet Pornography Addiction and Effects of Excessive Pornography Consumption: A University Tunku Abdul Rahman Undergraduate Student Study

2015 ◽  
Vol 1 ◽  
Author(s):  
Ahsha Vaksalla
Keyword(s):  
Female Students ◽  
The Internet ◽  
Negative Dimension ◽  
Internet Pornography ◽  
Pornography Consumption ◽  
The World ◽  
Research Population ◽  
Negative Effect ◽  
Pornography Addiction ◽  
Positive Effect

Pornography is a debatable subject, both in Malaysia and around the world. Some feel it is harmless while others feel it is damaging. Pornography can bring about its own impact to the viewers. In Malaysia, the trend of viewing pornography among youngsters’ has been increasing. Studies have also shown Pornography can lead to unhealthy behaviors as a result of too much viewing. This study was conducted to discover the addiction level and the consumption effects on students at a Malaysian University. The researchers used purposive sampling to distribute questionnaires. The Scale used was the Internet Pornography Addiction Test and the Pornography Consumption Effects Scale consist of Positive and Negative dimension used to conduct the research. The research population (N=120) was students’ from University Tunku Abdul Rahman of Malaysia. There were significant relationship between the addiction and consumption. There were significant differences between the Positive and Negative Dimension as well. The Negative Effect Dimension is higher than the Positive Effect Dimension. There were significant differences between male and female students towards pornography addiction. However, there were not any significant differences among the genders in internet consumption. Male scored higher than female in the Internet Pornography Addiction. There were no significant differences between gender in the Positive and Negative Dimension.

Company Name, the Internet, and Achieving Competitiveness in a Changing Global Environment

2013 ◽  
Author(s):  
Veljko Trivun ◽  
Fatima Mahmutćehajić ◽  
Vedad Silajdžić
Keyword(s):  
Global Environment ◽  
The Internet

scholarly journals Visit to the Faculty of Law in the University of Jos, Nigeria

2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power
Keyword(s):  
The Internet ◽  
Legal Research ◽  
Legal Professionals ◽  
Law Faculty ◽  
The Law ◽  
The University

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!

scholarly journals Corrigendum

2018 ◽  
Vol 14 (2) ◽  
pp. NP1-NP2
Keyword(s):  
Intellectual Property ◽  
Long Range ◽  
Labor Law ◽  
The Internet ◽  
Law Of War ◽  
Acoustic Device ◽  
The Law ◽  
Media Reports ◽  
First Time ◽  
Us University

James E.K. Parker, Towards an Acoustic Jurisprudence: Law and the Long Range Acoustic Device, Law, Culture and the Humanities (LCH). DOI: 10.1177/1743872115615502 The following corrections have been made to the article: Under heading III.1, another paragraph has been added. This paragraph begins ‘Whereas normal loudspeaker works…’ Under heading III.2, a paragraph has been edited: ‘In effect, what ATC did with the LRAD…’ Under heading III.2, the first sentence of the last paragraph has been expanded to clarify that the G-20 summit was held in Pittsburgh: The LRAD seems to have been used by police for the first time in Georgia in 2007, before receiving its first and most notorious outing on American soil in September 2009 at protests relating to the G-20 Summit being held in Pittsburgh.66 Under heading III.4, the sentence below in the second paragraph has been changed as follows: The law of property provides the conditions for the circulation and ownership of knowledge that enable developments in the science of acoustics at a US university in the 1950s to re-emerge as failed commercial prototypes in Japan in the 1980s only to be taken up again in 1996 by ACT before being patented, trademarked and marketed first as HSS® and then as the LRAD.82 Under heading III.4, the following has been added to the end of the paragraph ‘If the LRAD was originally imagined…’: Not that the presiding judge in the Toronto case would know however. In his discussion of a deposition by Professor David Wood, of Queen’s University, relating to ‘videos posted on the internet’ documenting the LRAD’s use at Pittsburgh, Justice Brown notes that, ‘unfortunately, Professor Wood did not attach any of those media reports or videos as exhibits to his affidavit. As a result, I cannot attach any weight to his statements.’93 Indeed, it’s not clear that any recordings of an LRAD in action were ever actually played in court. As far as I know, the LRAD has yet to feature in the ‘judicial soundscape’. In the conclusion the word ‘copyright’ has been replaced with ‘intellectual property’: The LRAD is the product of diverse institutions, jurisdictions and areas of doctrine, stretching from the law of intellectual property through the law of war to constitutional and labor law. The references and reference numbers have been updated accordingly. All the subsequent versions of the article will be corrected.

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