scholarly journals Captain America protecting digital rights: “old school” national law vs. emerging internet complexities in Azerbaijan

2020 ◽  
pp. 132-145
Author(s):  
Shahin Mammadrzali

It is indicated in the article that emerging information technologies influences human rights norms in any democratic society. Especially, the Internet has changed the traditional approach to methods of ensuring human rights, while adding new challenges at the same time, such as regulating cybersecurity, digital data protection, digital freedom of information, privacy, discrimination in the Internet, etc. The traditional flow of information through newspapers, radio and television is currently combined with new means of exchanging digital information, mobile and satellite communications, the Internet and other technological advances. Of course, these innovations make governments to review traditional human rights legislation to stay fit and updated. Yet, some fundamental norms of national human rights legislation should remain unchangeable. Simply put, it looks like Captain America from the movie “Avengers” – a very old guy who develops his abilities to defeat dangers, but also preserves “old school” strength and leadership skills. In the light of these issues, the present article is devoted to the analysis of the conceptual foundations of national legislation in Azerbaijan on the protection of digital rights in the Internet. The article emphasizes that digital rights themselves are one of the factors demonstrating the strong impact of communication technologies on human rights, especially information rights and freedom of expression.

2021 ◽  
Vol 10 (3) ◽  
pp. 34-83
Author(s):  
José Poças Rascão

The article addresses human rights, in particular freedom of expression and the right to privacy, including on the internet, proposing to emphasize the issue of their dialectics in the context of contemporary digital society that, in the face of the digitization of modern life, faces many challenges. It becomes necessary in this way to understand, through a theoretical review, the history of fundamental human rights, a psychosocial analysis of the concepts of freedom and privacy, the normative framework in which they fall, the internet as a platform for exercising rights and freedoms, the problems associated with it, digital data and people's movements, citizen surveillance, social engineering of power, online social networks and e-commerce, and spaces of trust and conflict.


Author(s):  
José Poças Rascão ◽  
Nuno Gonçalo Poças

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.


2019 ◽  
pp. 198-211
Author(s):  
Tamara Amoroso Gonçalves ◽  
Daniela Rosendo

New technologies are changing the way men and women live their lives. As a new communication technology, the Internet can be used to both harm and promote human rights. When it comes to gender relationships, social inequalities might be reflected online, regarding access and the ways technologies are used. Hate speech, porn revenge and other ways to offend women's rights online are discussed, leading to questions related to possible limitations on freedom of expression. This chapter examines legal solutions that have been proposed in Brazil regarding electronic devices and Internet regulation and considers how restrictions on freedom of expression can be addressed in a human rights perspective.


Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.


2017 ◽  
Vol 6 (2) ◽  
pp. 181-187
Author(s):  
Altaf O. Mulani ◽  
P. B. Mane

Now-a-days, multimedia based applications have been developed rapidly. Digital information is easy to process but it allows illegal users to access the data. For protecting the data from this illegal use, Digital Rights Management (DRM) can be used. DRM allows secure exchange of digital data over internet or other electronic media. In this paper, FPGA based implementation of DWT alongwith Advanced Encryption Standard (AES) based watermarking is discussed. With this approach, improved security can be achieved. The complete system is designed using HDL and simulated using Questasim and MATLAB Simulink model. The synthesis result shows that this implementation occupies only 2117 slices and maximum frequency reported for this design is 228.064 MHz.


2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.


Author(s):  
Rashmi Aggarwal

Cyber law is law of the Internet; hence, any crime on the Internet is basically cyber crime. It is committed on cyber space, but all the pre mediation is an act of individual/s, who are the perpetrators of crime with malicious intentions and commission of these acts. Cyber crimes were initially perceived as a subset of Information Technology (IT) laws, which governed the digital dissemination of both digitalized information and software. Digital information includes information security and electronic commerce. However, as the world became subservient to digitalization, cyber/Internet laws became more pronounced in their origin and are now a special branch of Internet laws. These laws include study of Internet access and usage, privacy rights, freedom of expression, and extra territorial jurisdiction issues. This chapter analyzes the cyber laws in India and raises the issues of criticality of provisions relating to dispute resolution in India.


2021 ◽  
pp. 449-468
Author(s):  
Ian Loveland

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression


Author(s):  
Olga Sydorenko ◽  
◽  
Valerii Zhelnin ◽  

The article is sanctified to research of interpretation and understanding of term «digital rights», decision of totality of those rights and freedoms of man, that fall under a term «digital human rights». In the article the issues of the day and questions were considered already fundamental rights, such as: right on life, right to freedom of speech, opinions, right to respect to private and domestic life in the context of informative computer network – Internet, and also the newest rights, such as: right on access to the Internet, right of digital self-determination, «right to be forgotten» and others like that. Separate attention was spared to the analysis of opinions of scientists and separate authors in relation to the protection of rights and freedoms of people in the Internet and research of events that will help to overcome the problem situations of realization and violation of «digital human rights and freedoms». It is educed that there are many different decisions that touch a term «digital rights», and also different approaches of interpretation of this term are considered, coming from the quantitative volume of rights, that can understand differently. This article attempts to formulate theoretical approaches and principles from the perspective of legal theory and philosophy that, if implemented, could overcome current human rights problems, existing violations of digital human rights and enhance their security and protection. Attempts have been made to explore the fact that, for a better protection of human rights and freedoms, it is necessary to educate the public about their rights and freedoms in the internet domain, to implement the conclusions of the ECHR in cases of human rights violations on the digital web, and so on.


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