The Jurisdictional Challenge Answered—Enforcement through Gatekeepers on the Internet

Author(s):  
Julia Hörnle

Chapter 3 examines the consequences of the Jurisdictional Challenge of the internet for the enforcement of public law, such as content regulation and criminal law relating to illegal content. Internet applications such as websites, mobile apps, peer-to-peer file sharing, cyberlockers, and social media have enabled the remote sharing of illegal content and criminal interaction between people globally and across national borders. This global spread of illegal activities creates challenges for the application and enforcement of national law, as perpetrators may be remote from enforcement authorities, and content is shared instantly. The imposition of liability on intermediaries such as social media platforms as gatekeepers for law enforcement as a way of overcoming the Jurisdictional Challenge is critically discussed. Enforcement takes place against entities facilitating or enabling dissemination of illegal content or the illegal activities instead of the primary perpetrators. This strategy is used to overcome the “out of reach” problem caused by decentralization and remote targeting. This chapter critically analyses in detail the provisions on intermediary liability/immunity and recent proposals to impose a duty of care, particularly in respect of child sexual exploitation and abuse, and terrorism-related materials. It examines the German Network Law Enforcement Act and other countries’ similar initiatives (including the UK White Paper “Online Harms”) and the provisions in the revised EU AVMS Directive. It critically examines regulation by platforms themselves and the human rights implications of coregulation. Both notice and take-down regimes and blocking of internet access to material are covered, and different initiatives evaluated and compared.

2021 ◽  
Vol 4 (1) ◽  
pp. 36-48
Author(s):  
Uyan Wiryadi

The purpose of this study: 1) To find out copyright violations in the field of music in the form of a cover song by recording through social media connected with Law Number 28 of 2014 concerning Copyright. 2) To find out the factors that influence copyright violations in the music field in the form of cover songs by recording through social media. The writing of this thesis uses a statute approach, by reviewing amendments to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by state institutions and the Republic of Indonesia Law No. 19 of 2016 concerning Amendment of Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Results of research conducted by the author: When someone does a cover song through social media without permission from the creator, both for the purpose not for commercial or commercial purposes, it is an infringement of copyright. Factors that influence the occurrence of violations of copyright in Indonesia include: 1) Weak law enforcement against violators. 2) Works on the internet can easily be duplicated and disseminated globally in a short period of time and in large quantities. 3) There is no limit on the place of the offender because a domain name or website can be accessed by anyone globally. 4) Procedures for events between countries in dealing with violations of copyright on the internet, such as to determine who the perpetrators are and when they occur and determine the jurisdiction of violations still vary.  


2018 ◽  
pp. 90-97 ◽  
Author(s):  
Reshu Goyal ◽  
Praveen Dhyani ◽  
Om Prakash Rishi

Time has changed and so does the world. Today everything has become as a matter of one click. With this effort we are trying to explore the new opportunities features and capabilities of the new compeers of Internet applicability known as Social Media or Web 2.0. The effort has been put in to use the internet, social media or web 2.0 as the tool for marketing issues or the strategic business decision making. The main aim is to seek social media, web 2.0 internet applications as the tool for marketing.


Author(s):  
Scott Bingley ◽  
Steven Burgess

This chapter describes the development of a visual aid to depict the manner in which Internet applications are being diffused through local sporting associations. Rogers’ (2003) Innovation-Decision process stages, specifically the knowledge, persuasion, adoption and confirmation stages, are used as the theoretical basis for the aid. The chapter discusses the Innovation-Decision process as an important component of Rogers’ (2003) Innovation Diffusion approach. It then outlines the particular problem at hand, determining how best to represent different sporting (cricket) associations and their adoption and use of Internet applications across the innovation-decision process stages. Different data visualisation approaches to representing the data (such as line graphs and bar charts) are discussed, with the introduction of an aid (labelled I-D maps) used to represent the adoption of different Internet applications by cricket associations in New Zealand, Australia and the UK. The Internet applications considered are email, club websites, association and/or third party websites and the use of the Internet to record online statistics. The use of I-D maps provides instant interpretation of the different levels of adoption of Internet applications by different cricket associations.


Author(s):  
Amin Ibrahim

The sexual exploitation of children remains a very serious problem and is rapidly increasing globally through the use of the Internet. This chapter focuses on the child pornography and IT, and the various methods to combat this problem. The ease of acquiring IT and digital equipments, the global reach of Internet and freely available peer-to-peer services have made child pornography a very complex issue to undertake. The borderless nature of the Internet and the lack of unified criminal code among nations further escalated the complexity of law enforcement against child pornography.


2015 ◽  
Vol 18 (2) ◽  
pp. 153-168 ◽  
Author(s):  
Anita Lavorgna

Purpose – The purpose of this article is to provide an empirically based description of how the Internet is exploited by different types of organised crime groups (OCGs), ranging from Italian mafia-style groups to looser gangs. Design/methodology/approach – The article relies on a dataset collected from mid-2011 to mid-2013 and, specifically, on semi-structured interviews to law enforcement officials and acknowledged experts in Italy, the UK, the USA and The Netherlands; judicial transcripts; police records; and media news. Findings – This article provides an account of the main scope for which the Internet has been used for various criminal activities traditionally associated with the organised crime rhetoric, first and foremost, cross-border trafficking activities. This study also discusses some current legal and policy approaches to deal with OCGs operating online. Originality/value – This contribution addresses an under-investigated research field and aims to foster a reflection on the opportunity to integrate Internet crime research, and even more Internet crime investigations, into the everyday routines of criminologists, analysts and law enforcement officers.


Subject Forthcoming UK White Paper on online harms. Significance The UK Department for Digital, Culture, Media and Sport (DCMS) is expected soon to publish a White Paper on online harms, which will also propose new regulations for technology firms and penalties for non-compliance. Impacts Increased encryption would help tighten privacy but limit law enforcement’s capacity to monitor online criminal activity. This change may reduce the scope of investigative journalism and open-source intelligence. Social media will focus on improving technological filters to monitor extremist content.


2014 ◽  
Vol 1030-1032 ◽  
pp. 2753-2756
Author(s):  
Li Juan Ma

Cyberculture or computer culture is the culture that has emerged, or is emerging, from the use of computer networks for communication, entertainment, and business. It is also the study of various social phenomena associated with the Internet and other new forms of the network communication, such as online communities, online multi-player gaming, wearable computing, social gaming, social media, mobile apps, augmented reality, and texting, and includes issues related to identity, privacy, and network formation. With the era of cyberculture, ideological issues are prominent increasingly at all levels of society in cyberculture.


2019 ◽  
Vol 17 (1) ◽  
pp. 43-53
Author(s):  
HANURING AYU ARDHANI ◽  
Suparwi Suparwi

The purpose of this study is to find out about the legal basis for prostitution service providers and for perpetrators of prostitution. In this study included in normative law. In this study the authors used the method of regulation approach.  Provisions in the Criminal Code can only be used to ensnare service providers / pimps / pimps based on the provisions of Article 296, Article 297, jo. Article 506 of the Criminal Code: People who provide pornographic services as referred to in Article 4 paragraph (2) of the Pornography Law No. 44 of 2008. If words or writings and images broadcast by prostitutes (prostitute) through social media contain obscenity or sexual exploitation in violation moral norms in society, the prostitute can be charged with Article 27 paragraph (1) of Law Number 11 Year 2008 concerning ITE jo. Article 45 of Law Number 19 Year 2016 Regarding Amendment to Law No. 11 of 2008. If the advertisement carried out by prostitutes is accompanied by photographs containing pornographic content, then he may also be subject to criminal sanctions under Article 8 jo. Article 34 of the Pornography Law No. 44/2008. Law enforcement on cyber prostitution is increasingly difficult because there are some people who actually support cyber prostitution by considering it as a business commodity. There is even a paradigm of thought that regards cyber prostitution as natural and expected to be legalized immediately.


2019 ◽  
Vol 3 (3) ◽  
pp. 21-26
Author(s):  
Milena Tepavicharova ◽  
Lyudmila Dikova

Introduction. Social media steadily and constantly envelops all aspects of peoples' lives. Thus it is of crucial importance to investigate and measure social media activities' impact on their inclusion in the formation of today’s and future societies as more and more online activities have been incorporated in real life personal and professional activities. Aim and tasks. This article explores the new trends in people’s activities at the workplace and outlines the main concerns regarding keeping the line between personal and professional online activities. Results. Social media are now an integral part of the everyday life of modern man. Since a person spends most of their day at work or in pursuit of their profession, they also seek to engage in personal activities within the working day (talking on the phone with family or friends, shopping online, reading news etc.). A user is created with features specific to the internet generation. This new type of user has specific features that allow researchers to talk about the emergence of a next-generation user. The Next Generation User is a person who has access to the Internet from multiple locations and devices.The rapid penetration of social media in people's everyday life implies a greater impact on all users' real-life and online activities. Evidence of the latter can be found in very common situations when users upload photos or videos from parties or events in real time not always tacking into consideration the possible outcomes for their personal and professional lives. Conclusions. Managers consider that workers should focus more not only on the technical limitation of the exchange in of information on social media but also on a better personal judgment about the nature and volume of the shared information. The intensity of social media activities of the workers is monitored actively by employers and coworkers alike and can be seen as an indicator of low efficiency or irresponsible personality. With the fast development of wireless mobile telecommunications technology and the growing multitude of mobile apps online activities become a real threat for workers’ productivity and the development of workplace culture.


Author(s):  
David C. Pyrooz ◽  
Richard K. Moule, Jr.

It was once presumed that costs of Internet adoption were too great for gang members to absorb. They lacked the financial resources to access the Internet or the technological know-how to use it. That is no longer the case, which leads to two questions: What are gang members doing online? What are the responses to gangs online? The growing research on this topic indicates that gang members are online and using the Internet at a rate comparable to their peers. This occurs in the United States and abroad. Gangs do not exploit the Internet to its criminal potential, even though the law enforcement community suggests otherwise. This is most likely due to the low technological capacities of gang members. However, gang members do engage in higher rates of crime and deviance online than their non-gang peers. Gang members also use the Internet to posture, provoke, and project group power, particularly on leading social media platforms such as Facebook, Twitter, and YouTube, which in turn allows activities occurring online to have ramifications for crime and violence offline. It is debatable whether online space is as important to gangs as physical space, but the Internet is undoubtedly a valuable medium to gangs. The potential for conflict and the posting of gang images has attracted the attention of law enforcement as well as researchers to document this activity. Platforms are being developed to anticipate the spilling of online gang conflicts offline. Since the Internet is a value-neutral medium that engages youth and young adults, it is anticipated that social media and the Internet will continue to appeal to gangs and gang members for the foreseeable future.


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