Transnational Internet Law

2021 ◽  
pp. 418-436
Author(s):  
Christopher Marsden
Keyword(s):  
Private Information ◽  
The Internet ◽  
Network Neutrality ◽  
Technical Standards ◽  
International Networks ◽  
Legal Standards ◽  
Monetary Value ◽  
Legal Nature ◽  
Lex Mercatoria ◽  
Internet Law

The greatest, and certainly to a Westphalian nation-state-centered universe most revolutionary, challenge for regulation is the increasing co-operation between national, regional, and international networks of regulators, to regulate the internet. Reidenberg coined the term “lex informatica” to explain its transnational legal nature, based on Berman and Kaufman’s analysis of mediaeval lex mercatoria, rather than Jessup’s transnational law. This chapter briefly considers the technical standards that permit inter-networking and thus the internet, then examines how standards—including commercial and legal standards—have created a transnational lex informatica. The chapter then focuses on two phenomena of the transnational internet law evolution. The first is governance by contract for all commercial transactions, even those that are ostensibly free of monetary value, in which the contractors are trading private information for advertising revenue. The second is the “open internet,” laws protecting some aspects of network neutrality.

scholarly journals Law as a Network Standard

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Network Effects ◽  
Standard Setting ◽  
Global Network ◽  
The Internet ◽  
Interjurisdictional Competition ◽  
Technical Standards ◽  
Legal Standards ◽  
Social Controversy ◽  
Legal Standard ◽  
Computing Platforms

The problem of global information flows via computer networks can be conceived and understood as raising issues of competition, interoperability, and standard-setting parallel to those in analysis of technical standards. Uniform standards, whether technical or legal, give rise to a constellation of positive and negative network effects. As a global network based upon the "end to end" principle of interoperability, the Internet mediates between different, otherwise incompatible computing platforms. But to the extent that law and technological "code" may act as substitutes in shaping human behavior, the Internet similarly mediates between different, otherwise incompatible legal platforms. Much of the legal and social controversy surrounding the Internet stems from the interconnection of such incompatible legal systems. As with technical systems, problems of incompatibility may be addressed by the adoption of uniform legal standards. This, however, raises legal standard-setting problems similar to those seen in technical standard-setting, where the standard may be "tipped" in favor of dominant producers. In particular, if law is considered a social product, the benefits of interjurisdictional competition and diversity may be lost as a single uniform legal standard dominates the market for law.

The Autonomy of Law and the Formation of Network Standards

2004 ◽  
Vol 5 (6) ◽  
pp. 639-668 ◽  
Author(s):  
Thomas Vesting
Keyword(s):  
Modern Society ◽  
The Internet ◽  
Technical Standards ◽  
Nation States ◽  
Political Interests ◽  
The Media ◽  
Software And Hardware ◽  
Internet Law ◽  
Rule Making

In the recent discussion on Internet law and regulation it has often been argued that technical standards have a significant impact on the variety and diversity of the Net's communication flows. This Article extends this argument, focusing on the ability to constrain Net communication through “code” and “architecture” imposed by network technology, i.e., by a source of rule-formation and rule-making beyond the traditional law of nation-states. Although I am generally sympathetic to the position that a novel “Lex Informatica” poses new legal and political challenges for nation-states, it should, however, be clear from the outset that the attention for “code” and “architecture” is something different to a paraphrase of the ever-expanding role of technology in modern society. This has to be emphasized because the discourse of “the technological”, which was already a prominent subject in the anti-modernist debate during the Weimar Republic, still casts a shadow on the contemporary legal discussion about the role of technical standards on the Internet. Lawrence Lessig, for example, confronted with a strict anti-governmentalism of cyber-libertarians in the mid-nineties, argues inCode and other Laws of Cyberspacethat the Internet is regulated by “code”, i.e. “the software and hardware that make Cyberspace what it is”. “Code” itself is embedded in an environment of economic power and corresponding political interests. In a nutshellLessigpaints a picture in which the Internet is developing towards an intolerable density of control by powerful coalitions of technical experts and economic enterprises. This view may be convincing in some respects, but with his accent on “code”, Lessig comes very close to the anti-modernist reaction to the growing significance of film and radio in the early 20th century, inasmuch as both strands are based on the misconception of a technological superstructure steering the (media) world and its further evolution.

scholarly journals The Normative Order of the Internet

2020 ◽  
Author(s):  
Matthias C. Kettemann
Keyword(s):  
The Internet ◽  
Centrifugal Forces ◽  
Technical Standards ◽  
Structural Problems ◽  
Normative Order ◽  
Internal Coherence ◽  
Internet Law ◽  
Self Learning ◽  
Rule Making ◽  
Different Levels

Online anarchy? Far from it: as this study convincingly shows, norms matter online. In a tour de force, internet law expert Matthias C. Kettemann analyses the genesis, ontology, and legitimation of rule and rules on the internet. Innovatively, the study establishes the emergence of a normative order of the internet, an order that integrates norms materially and normatively connected to the use and development of the internet at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Centrifugal forces contribute to normative redundancies (“normative froth”), real conflicts of norms between regulatory layers and geographically bounded normative spheres (“normative friction”), substantial structural problems (“normative fractures”), and political, commercial, and technological fragmentation of the internet. But these forces of normative disorder can be countered. As the study impressively shows, a normative turn has taken place on the internet. The rules on rule-making that have developed within the normative order of the internet explain, predict, and legitimize the creation of new norms through processes of self-learning normativity. These norms are then assessed for their internal coherence, consonance with other order norms, and consistency with the order’s finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. Thus a theory of normativity (“of the law”) that goes back to Kant needs to be fundamentally rethought: with norm-based self-organization as the principle of life that enables the transcendental constitution of normativityon the internet.

LEGAL NATURE OF THE COMPONENTS OF INFORMATION SOVEREIGNTY OF UKRAINE

2017 ◽  
Author(s):  
Olena Solodka ◽  
Keyword(s):  
Modern Society ◽  
Information Policy ◽  
Information Resources ◽  
The Internet ◽  
Information Processes ◽  
Functional Aspects ◽  
Physical Form ◽  
Legal Nature ◽  
Information Law ◽  
Functional Areas

As a result of the study it was found that the issue of determining the components of information sovereignty of Ukraine and their legal nature can be considered from two main approaches: the separation of functional areas (aspects) of information sovereignty or the separation of its system elements. In particular, the information sovereignty of Ukraine as a complex category of information law, the elements of which reflect various forms of information and areas of its manifestation in modern society, in the most general form includes the following functional aspects: information-humanitarian and information-technological. The information-humanitarian component of information sovereignty includes three aspects: national (people's), state and personal, and is primarily related to the informational identification of a person, nation and state and the establishment of information links between them. These aspects can be detailed through cultural, ideological, spiritual components and so on. The information-technological component is realized through the concept of digital sovereignty and is associated with cyberspace – environment resulting from the interaction of people, software and services on the Internet using technological devices and networks connected to them, which does not exist in any physical form. But to identify the components of information sovereignty in terms of its system elements, identifying information sovereignty with information policy or in particular with information security, we consider it impractical, because the relevant elements – information resources, information processes and their subjects, etc. are components of the information sphere.

scholarly journals Study A Public Key in RSA Algorithm

2020 ◽  
Vol 5 (4) ◽  
pp. 395-398
Author(s):  
Taleb Samad Obaid
Keyword(s):  
Private Information ◽  
Original Data ◽  
Prime Numbers ◽  
Public Key ◽  
The Internet ◽  
Sensitive Information ◽  
Rsa Algorithm ◽  
Encryption And Decryption ◽  
Main Disadvantage ◽  
Encryption Decryption

To transmit sensitive information over the unsafe communication network like the internet network, the security is precarious tasks to protect this information. Always, we have much doubt that there are more chances to uncover the information that is being sent through network terminals or the internet by professional/amateur parasitical persons. To protect our information we may need a secure way to safeguard our transferred information. So, encryption/decryption, stenographic and vital cryptography may be adapted to care for the required important information. In system cryptography, the information transferred between both sides sender/receiver in the network must be scrambled using the encryption algorithm. The second side (receiver) should be outlook the original data using the decryption algorithms. Some encryption techniques applied the only one key in the cooperation of encryption and decryption algorithms. When the similar key used in both proceeds is called symmetric algorithm. Other techniques may use two different keys in encryption/decryption in transferring information which is known as the asymmetric key.  In general, the algorithms that implicated asymmetric keys are much more secure than others using one key.   RSA algorithm used asymmetric keys; one of them for encryption the message, and is known as a public key and another used to decrypt the encrypted message and is called a private key. The main disadvantage of the RSA algorithm is that extra time is taken to perform the encryption process. In this study, the MATLAB library functions are implemented to achieve the work. The software helps us to hold very big prime numbers to generate the required keys which enhanced the security of transmitted information and we expected to be difficult for a hacker to interfere with the private information. The algorithms are implemented successfully on different sizes of messages files.

scholarly journals Social Exhibitionism on the Internet as a New Risky Behaviour Demonstrated by Polish Youth

2020 ◽  
pp. 89-101
Author(s):  
Katarzyna Borzucka-Sitkiewicz ◽  
Karina Leksy
Keyword(s):  
Private Information ◽  
Technological Progress ◽  
The Internet ◽  
Young Generation ◽  
Risky Behaviour ◽  
Self Presentation ◽  
The Public ◽  
Upper Secondary ◽  
Unlimited Access ◽  
Upper Secondary Schools

The technological progress and unlimited access to media create new possibilities of self-presentation in the public domain nowadays, especially for the young generation. The article presents a part of a broader research project which was aimed at defining the characteristics of behaviors shown in cyberspace by Polish students of upper-secondary schools and also at determining potential social and health consequences of such behaviors. The chosen fragment of the study mainly focuses on those actions that were considered as a sign of social exhibitionism on the Internet, such as uploading photos and videos, sharing private information about oneself and informing about current activity. The research was conducted in accordance with a quantity paradigm. It was of diagnostic and verification nature and a method of diagnostic survey with the use of questionnaires was applied.

scholarly journals The Future of Law Reviews and Legal Journals From a Student Editor's Perspective

2002 ◽  
Vol 2 ◽  
Author(s):  
Bradley J. Martineau
Keyword(s):  
The Internet ◽  
Academic World ◽  
Technological Advances ◽  
The Future ◽  
Internet Law ◽  
Academic Resources

 Law reviews and legal journals have been part of the legal academic world for more than a century. [1] These legal publications are unique because they are completely run by students. However, over the last few decades, law reviews and legal journals have been highly criticized, and some critics even predict their demise. [2] If law reviews and legal journals expect to survive and remain valuable academic resources, then certain changes need to be made, and these changes are the responsibility of the student editors. Although some legal publications are making changes for the better, such as publishing online, more can be done to improve these student-run publications. By taking advantage of technological advances, especially the Internet, law reviews and legal journals can reduce the time it takes to publish an issue. In addition, these technological advances allow legal publications to offer many new features and services for both the authors and the readers. However, updating a publication with these new technological advances can be expensive. Thus, law reviews and legal journals need to generate more income from other sources than just subscriptions.

scholarly journals To Trust Or Not To Trust: The Impact Of WebTrust On The Perceived Trustworthiness Of A Web Site

2001 ◽  
Vol 5 (3) ◽  
pp. 35-50 ◽  
Author(s):  
Kris Portz ◽  
Joel M. Strong ◽  
Larry Sundby
Keyword(s):  
Electronic Commerce ◽  
Web Sites ◽  
Private Information ◽  
Web Site ◽  
Positive Impact ◽  
Computer Experiment ◽  
The Internet ◽  
Certified Public Accountants ◽  
Assurance Services ◽  
The Impact

Despite the explosive growth of electronic commerce, many individuals are still reluc-tant to conduct business transactions on the Internet. Individuals may mistrust sending private information over the Internet or they may have concerns about the existence, performance, standing, and integrity of online businesses. In direct response to these concerns, the American Institute of Certified Public Accountants (AICPA) has developed an electronic commerce assurance service called WebTrust which is intended to improve the consumer's confidence in the process and the quality of information disclosed on vendor web sites. The purpose of this study is to shed light on the effectiveness of WebTrust by examining the influence of WebTrust on consumers' perceptions of a web site's trustworthiness. The question is investigated through a computer experiment. The results of this study are very encouraging for electronic commerce assurance services in general, and the WebTrust service in particular. Evidence is found that the presence of WebTrust on a web site has a positive impact on the perceived trustworthiness of the website. The results also show that knowledge of WebTrust plays a significant moderating role in the relationship between perceived trustworthiness and the presence of WebTrust. When subjects have prior knowledge of WebTrust they perceive a web site with WebTrust to be more trustworthy than a web site without whereas, the presence of WebTrust has no impact when subjects are uneducated about the WebTrust assurances. Also, when WebTrust is present, subjects with knowledge of WebTrust are more confident in the web site than those without knowledge of WebTrust. When WebTrust is not present, knowledge subjects are more unsure of a web site without WebTrust than those without knowledge.

scholarly journals Online mediation due to the quarantine caused by COVID-19 Pandemic

2021 ◽  
Vol 39 (68) ◽  
pp. 914-926
Author(s):  
Denys Dontsov ◽  
Andrii Neugоdnikov ◽  
Oleksandr Bignyak ◽  
Olena Kharytonova ◽  
Liydmyla Panova
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Research Methods ◽  
Private Information ◽  
Public Life ◽  
Online Communication ◽  
The Internet ◽  
Mediation Process ◽  
Full Control ◽  
Online Mediation

The institute of mediation is becoming increasingly popular. This is due to several factors, including the possibility to save on attorneys' fees and court costs. Mediation also helps to save a lot of time and find a solution to the conflict that would satisfy both parties as quickly as possible. During the pandemic, the institution of mediation, like many other spheres of public life, moved online. The mediation process itself involves individuals who use online communication or even artificial intelligence, such as chatbots. Thus, in connection with the transition of mediation to the online plane, there is a need for legal support for the use of innovative technologies in the field of mediation. Thus, the article is relevant and timely in terms of quarantine restrictions. The object of research is public relations in the field of online mediation. The authors of the article used general and special research methods. The authors of the article concluded that online mediation is a useful institution, but the implementation of appropriate procedures must take care to protect private information, as there is no full control over the situation outside the camera of a computer, tablet, phone, or other device with access on the Internet.

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