scholarly journals Rationalizing Internet Safe Harbors

Author(s):  
Mark Lemley

Internet intermediaries - service providers, Web hosting companies,Internet backbone providers, online marketplaces, and search engines -process hundreds of millions of data transfers every day, and host or linkto literally tens of billions of items of third party content.Some of this content is illegal. In the last 12 years, both Congress andthe courts have concluded that Internet intermediaries should not be liablefor a wide range of content posted or sent through their systems byanother. The reasoning behind these immunities is impeccable: if Internetintermediaries were liable every time someone posted problematic content onthe Internet, the resulting threat of liability and effort at rightsclearance would debilitate the Internet.While the logic of some sort of safe harbor for Internet intermediaries isclear, the actual content of those safe harbors is not. Rather, the safeharbors actually in place are a confusing and illogical patchwork. For someclaims, the safe harbors are absolute. For others, they preclude damagesliability but not injunctive relief. For still others they are dependent onthe implementation of a "notice and takedown" system. And for at least afew types of claims, there is no safe harbor at all. This patchwork makesno sense. In this article, I suggest that it be replaced with a uniformsafe harbor rule. A single, rationally designed safe harbor based on thetrademark model would not only permit plaintiffs the relief they need whileprotecting Internet intermediaries from unreasonable liability, but wouldalso serve as a much needed model for the rest of the world, which has yetto understand the importance of intermediaries to a vibrant Internet.

Author(s):  
MD. Sadek Ferdous ◽  
Mohammad Jabed Morshed Chowdhury ◽  
Kamanashis Biswas ◽  
Niaz Chowdhury ◽  
Vallipuram Muthukkumarasamy

Abstract The popularity of smart cars is increasing around the world as they offer a wide range of services and conveniences. These smart cars are equipped with a variety of sensors generating a large amount of data, many of which are critical. Besides, there are multiple parties involved in the lifespan of a smart car, such as manufacturers, car owners, government agencies, and third-party service providers who also generate data about the vehicle. In addition to managing and sharing data among these entities in a secure and privacy-friendly way which is a great challenge itself, there exists a trust deficit about some types of data as they remain under the custody of the car owner (e.g. satellite navigation and mileage data) and can easily be manipulated. In this article, we propose a blockchain-assisted architecture enabling the owner of a smart car to create an immutable record of every data, called the autobiography of a car, generated within its lifespan. We also explain how the trust about this record is guaranteed by the immutability characteristic of the blockchain. Furthermore, the article describes how the proposed architecture enables a secure and privacy-preserving mechanism for sharing of smart car data among different parties.


2020 ◽  
Vol 16 (1) ◽  
pp. 51-60
Author(s):  
Ivan D. Matskulyak

The Object of the Study. Socioeconomic processes and phenomena characterized as an unsustainable employment and reflected in the collective monograph published in Rossiya among the first as well as its main provisions, conclusions and recommendations. The Subject of the Study is expressed by the combination of socioeconomic relations between market-based economic entities regarding the widespread development in recent years in the world, including the Rossiyskaya Federatsiya, the precarious employment of the population and the consequences of this process. The Purpose of the Study is to attract the notice of a wide range of management personnel of both state authorities and economic bodies, as well as employers, legislators, scientists, etc., to the problem of unsustainable employment, the need of its effectively solve, especially in conditions of intensification of transformation of the domestic economy. The Main Provisions of the Article cover all six sections, including 30 paragraphs of the monograph studied, authored by 41 specialist-scientists, professionally engaged in the designated research area. The author, on the basis of the actual content of the book, has tried to present all the aspects, to convey the variety of shades of the process of unsustainable employment reflected in the monographic research. It applies both the domestic experience and international practice. The problems of the unsustainable employment are revealed compared to decent work. Their dependence on the scientific and technological progress is considered. The domestic and foreign experience of the personnel reduction is summarized on the example of a flexible employment. Risks of unsustainable employment are identified and directions of their prevention are formulated. The characteristics of precarious employment of different groups of workers - women, pensioners and others working in similar conditions of specific industries - are characterized as well as the legal coverage of unsustainable workers is analyzed, and special attention is paid to external migrants and functioning numerous institutions in the investigated economy sectors.


Author(s):  
Pamela Samuelson

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale. Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and Related Rights in the Digital Single Market. In particular, the Directive’s Article 17 places much stricter obligations on for-profit ISPs that host large amounts of user contents. Article 17 is internally contradictory, deeply ambiguous, and harmful to small and medium-sized companies as well as to user freedoms of expression. Moreover, Article 17 may well violate the European Charter of Fundamental Rights. In the United States, Congress commenced a series of hearings in 2020 on the safe harbor rules now codified as 17 U.S.C. § 512 of the Digital Millennium Copyright Act (DMCA). In May 2020, the U.S. Copyright Office issued its long-awaited study on Section 512, which recommended several significant changes to existing safe harbor rules. The Study’s almost exclusively pro–copyright industry stances on reform of virtually every aspect of the rules notably shortchanges other stakeholder interests. Congress should take a balanced approach in considering any changes to the DMCA safe harbor rules. Any meaningful reform of ISP liability rules should consider the interests of a wide range of stakeholders. This includes U.S.-based Internet platforms, smaller and medium-sized ISPs, startups, and the hundreds of millions of Internet users who create and enjoy user-generated content (UGC) uploaded to these platforms, as well as the interests of major copyright industries and individual creators who have been dissatisfied with the DMCA safe harbor rules.


Author(s):  
Anthony Akai Acheampong Otoo ◽  
Li Zhiwen ◽  
Charles Oduro Acheampong Otoo ◽  
Maxwell Opuni Antwi

In an era of globalization, economies over the world have become increasingly international and competitive. According to Alahuhta et al (2005), the last three decade has seen a massive revolution in technology use at both individual and organizations level with several organizations replacing the manual system of operation with modern technologies and computer powered machines. Acheampong, et al (2017) explain that three decades ago it was a dream to conceive that at a point in time all of the world’s knowledge could be put on a single world wide web and browsed by people from different parts of the world for free. These are the realities of the contemporary business place which Casey & Wilson-Evered (2012) explained has been facilitated by the advances in technology and globalization. According to Zaremohzzabieh, et al (2014), e-commerce platform appeared along with the development of internet and the necessities of ventures has given a web-based exchanging spot to customers and suppliers. It is a virtual system for purchasers and merchants, utilizing computer programming technology to coordinate assets on the web and accomplish the objective of community program (Ruzzier, AntonciC, Hisrich, & Konecnik, 2007). E-commerce platform gives all members equivalent and public information location of many services. Merchants can disseminate product information on e-commerce platforms, while purchasers can get a wide range of information without going outside (Strauss, 2016). As a new trend in the economic development and a new pattern of future business advancement, e-commerce platform plays a critical part with many attributes i.e. third party, service nature, neutrality and integration (Ling, et al, 2010).


2010 ◽  
Vol 6 (4) ◽  
pp. 26-37
Author(s):  
Fang Zhao

Current m-commerce business models show that m-commerce depends on complex networks of business relationships, which often comprise telecommunications service providers, mobile device makers, banking industry, Internet search engine providers, and various third-party value-adding companies. Due to the nature of m-commerce, the key to success in m-commerce lies predominantly in managing a network of alliances. This paper answers research questions, such as why do companies team up for m-commerce? What are the key challenges facing the alliances? How can companies address the challenges? What does the future hold for the study of strategic alliances including m-commerce alliances? This paper extends strategic alliance theories to the study of m-commerce alliances that are formulated in various cultural and national backgrounds. The authors examine both strategic and operational strategies for m-commerce alliances and discuss a wide range of issues in the formulation and implementation of m-commerce alliance strategy.


Author(s):  
Fang Zhao

Current m-commerce business models show that m-commerce depends on complex networks of business relationships, which often comprise telecommunications service providers, mobile device makers, banking industry, Internet search engine providers, and various third-party value-adding companies. Due to the nature of m-commerce, the key to success in m-commerce lies predominantly in managing a network of alliances. This paper answers research questions, such as why do companies team up for m-commerce? What are the key challenges facing the alliances? How can companies address the challenges? What does the future hold for the study of strategic alliances including m-commerce alliances? This paper extends strategic alliance theories to the study of m-commerce alliances that are formulated in various cultural and national backgrounds. The authors examine both strategic and operational strategies for m-commerce alliances and discuss a wide range of issues in the formulation and implementation of m-commerce alliance strategy.


Author(s):  
James L. Newell

This chapter takes its point of departure from the fact that corruption typically involves the interaction of a wide range of actors – including mediators and third-party enforcers specialised in the job of ensuring a sufficient degree of trust between the counterparts to enable transactions to be concluded successfully. It is on these third-party enforcers – referred to as ‘mafias’ – that the chapter focusses, as they offer the threat of violence to ensure that, once the parties to a corrupt exchange have agreed to do business, the terms are actually respected. To that extent, they offer something analogous to the insurance policies available, in the world of legal contracts, to protect firms and individuals against non-compliance or the consequences of non-compliance. They might also be regarded as analogous to legal debt collection agencies or private security firms, the difference being that once their services have been engaged, they cannot easily be dismissed. The chapter begins by looking at the characteristics of mafias, before considering the conditions under which they succeed in establishing themselves as powerful entities able to offer the protection and contract enforcement that are their distinguishing features. It then considers the relationship between mafias and corruption in some detail.


2015 ◽  
Vol 20 (6) ◽  
pp. 631-647 ◽  
Author(s):  
Vasco Sanchez Rodrigues ◽  
Irina Harris ◽  
Robert Mason

Purpose – The paper aims to develop a supply chain-driven model horizontal logistics collaboration (HLC). HLC initiatives can fail. To improve the chance of success, a thorough consideration of the potential issues involved, such as seeking supply chain partners’ support, ensuring access to information/data security and assessing whether an HLC model could bring improvements to a wide range of supply chain metrics rather than reductions in distribution costs only, needs to be understood before deciding to proceed with such an initiative. Design/methodology/approach – A two-stage methodology is deployed. As part of Stage 1, a series of 20 semi-structured interviews with senior managers from retailers, retailers’ suppliers and logistics service providers were undertaken. Subsequently, in Stage 2, a focus group with practitioners from retailers and logistics service providers was run to verify the findings gathered during Stage 1. Four elements of a new HLC project being considered are investigated by supply chain champions across the UK Fast-Moving Costumer Goods industry, namely, consideration factors, required synergies, enablers and anticipated output metrics. Findings – When considering whether to embark on an HLC project, the supply chain requirements need to be taken into account and potential supply chain performance benefits projected. The paper identified several consideration factors; synergies and enablers that support the development of HLC projects are identified, such as legislation, trust among partners, common suppliers and delivery bases, capable third party logistics (3PL) and an effective commercial model, including a fair sharing of benefits. Research limitations/implications – The research provides new understanding in accounting for the needs of the supply chain when considering an HLC initiative involving leading players from the retail sector. Practical implications – The importance of taking a supply chain approach when evaluating the feasibility of HLC is demonstrated. HLC arrangements among competing supply chains need to be designed and run by taking account of all supply chain partners, namely, suppliers, 3PLs and customers (in this case, retailers). Originality/value – The contribution is threefold: identification of outset consideration factors, ideal required synergies, actioning enablers and wider supply chain metrics of HLC; development of a supply chain-driven model for HLC, which includes in the decision-making whether or not to adopt a horizontal logistics collaboration model, wide supply chain metrics such as stock levels of finished products and shelf availability, inventory, working and fixed capital, and product waste in addition to distribution costs; and, the proposal of a new definition for HLC which challenges published definitions.


2005 ◽  
Vol 15 (4) ◽  
pp. 378-399 ◽  
Author(s):  
Yuval Elovici ◽  
Chanan Glezer ◽  
Bracha Shapira

PurposeTo propose a model of a privacy‐enhanced catalogue search system (PECSS) in an attempt to address privacy threats to consumers, who search for products and services on the world wide web.Design/methodology/approachThe model extends an agent‐based architecture for electronic catalogue mediation by supplementing it with a privacy enhancement mechanism. This mechanism introduces fake queries into the original stream of user queries, in an attempt to reduce the similarity between the actual interests of users (“internal user profile”) and the interests as observed by potential eavesdroppers on the web (“external user profile”). A prototype was constructed to demonstrate the feasibility and effectiveness of the model.FindingsThe evaluation of the model indicates that, by generating five fake queries per each original user query, the user's profile is hidden most effectively from any potential eavesdropper. Future research is needed to identify the optimal glossary of fake queries for various clients. The model also should be tested against various attacks perpetrated against the mixed stream of original and fake queries (i.e. statistical clustering).Research limitations/implicationsThe model's feasibility was evaluated through a prototype. It was not empirically tested against various statistical methods used by intruders to reveal the original queries.Practical implicationsA useful architecture for electronic commerce providers, internet service providers (ISP) and individual clients who are concerned with their privacy and wish to minimize their dependencies on third‐party security providers.Originality/valueThe contribution of the PECSS model stems from the fact that, as the internet gradually transforms into a non‐free service, anonymous browsing cannot be employed any more to protect consumers' privacy, and therefore other approaches should be explored. Moreover, unlike other approaches, our model does not rely on the honesty of any third mediators and proxies that are also exposed to the interests of the client. In addition, the proposed model is scalable as it is installed on the user's computer.


GIS Business ◽  
2019 ◽  
Vol 14 (6) ◽  
pp. 597-606
Author(s):  
Dr. Maha Mustafa Omer Abdalaziz

The study aims at the technological developments that are taking place in the world and have impacted on all sectors and fields and imposed on the business organizations and commercial companies to carry out their marketing and promotional activities within the electronic environment. The most prominent of these developments is the emergence of the concept of electronic advertising which opened a wide range of companies and businessmen to advertise And to promote their products and their work easily through the Internet, which has become full of electronic advertising, and in light of that will discuss the creative strategy used in electronic advertising;


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