scholarly journals oportuna e necessária aplicação do Direito Internacional nos ciberespaços: da Convenção de Budapeste à legislação brasileira

2018 ◽  
Vol 7 (1) ◽  
pp. 66-82
Author(s):  
Taís Vasconcelos Cidrão ◽  
Antonio Walber Muniz ◽  
Ana Abigail Alves

O objetivo primordial do presente trabalho é analisar o avanço da legislação brasileira, especialmente as leis 12.737/2012 (Lei Carolina Dieckmann) e 12.965/2014 (lei do Marco Civil da Internet), em diz respeito às inovações nas abordagens quanto aos crimes nos ciberespaços (cibercrimes). Posteriormente, far-se-á uma análise dentro do direito internacional, bem como da Convenção de Budapeste que visa solucionar as questões quanto ao mau uso da internet. Justifica-se o presente estudo através do avanço tecnológico do mundo moderno, que por sua vez contribuiu para a criação de novéis hábitos nas “novíssimas” formas de comunicação, que passaram a se valer de meios inovadores capazes de promover diálogo com as pessoas em tempo real e em qualquer lugar do mundo. Entretanto, não só no Brasil, mas emtodos os países em geral o mau uso da internet tem gerado muitos confrontos que ultrapassam as barreiras fronteiriças, como a prática de atos que violam direitos da personalidade, direito de propriedade intelectual e outros delitos criminais. Desta feita, os problemas que envolvem a internet, geralmente, têm suas repercussões extrapolando a legislação interna de cada Estado, que muitas vezes é insuficiente para resolver tal questão. Acredita-se ser, não só oportuna, mas necessária a utilização do Direito Internacional como opção catalisadora para o combate aos males que envolvem a rede mundial dos computadores. Para isso, será utilizada uma metodologia de pesquisa baseada em estudo bibliográfico de natureza qualitativa, pura em relação ao seu resultado, e descritivo-exploratória quanto aos seus objetivos. Palavras-chave: Direito Internacional. Internet. Cibercrimes.     Abstract: The main objective of this work is to analyze the progress of Brazilian legislation, especially laws 12,737 / 2012 (Carolina Dieckmann Law) and 12,965 / 2014 (Internet Civil Law Law), regarding innovations in approaches to cyber crimes (cybercrimes). Subsequently, an analysis will be made under international law, as well as the Budapest Convention, which will address the issues of misuse of the internet. The present study is justified by the technological advance of the modern world, which in turn has contributed to the creation of new habits in the "newest" forms of communication, which have come to use innovative means capable of promoting dialogue with people in time real and anywhere in the world. However, not only in Brazil, but in all countries in general, the misuse of the Internet has generated many confrontations that go beyond border barriers, such as the practice of acts that violate personality rights, intellectual property rights and other criminal offenses. This time around, the problems involving the Internet generally have their repercussions, extrapolating the internal legislation of each State, which is often insufficient to resolve this issue. It is believed to be not only timely but necessary to use International Law as a catalyst for combating the evils that surround the global computer network. For this, a research methodology based on a bibliographic study of a qualitative nature, pure in relation to its result, and descriptive-exploratory in terms of its objectives will be used. Keywords: International Law. Internet. Cybercrime.

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 154-161
Author(s):  
Hugo Stéphano Rufino Belezzi

This article will address the new modalities of cyberbullying such as cyberbullying, pornographic revenge and the deep internet known as the deep web, bringing its concepts and definitions to the present legal order, infraconstitutional legislation that deals with cyber crimes together with these new types, bringing insertions and changes in the legislation in force, the most common types of crimes currently committed by the Internet in reference to a considerable growth of cases of this type, where the need to establish a more adequate legislation will be taken into account. specific and applied to curb the criminals who use this means, in order to bring greater legal certainty to those who use the global computer network.


Author(s):  
Dan Jerker B. Svantesson

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.


2021 ◽  
pp. 170-178
Author(s):  
I. KALAIDA

The threatening trends in the digital economy have been reviewed. The role, place and significance of cryptocurrencies and blockchain technologies in the modern world are generalized. Emphasis is placed on the problematic issues of using cryptocurrencies as a means of payment on the Internet, which is used in illegal activities. The peculiarities of conducting transactions with cryptocurrencies carried out by criminals to finance illegal activities are considered. The directions of law enforcement activity aimed at prevention and technological blockade of illegal operations with cryptocurrencies are detailed. The achievements and accomplishments of the use of “Crystal” software are highlighted. The problematic issues of seizing and confiscating cryptocurrency funds used for criminal purposes are outlined. The principles of improving law enforcement activities in the field of investigation of criminal offenses committed in the cyber space are determined


2021 ◽  
Vol 76 (2) ◽  
pp. 29-37
Author(s):  
А. S. Nabidullin ◽  
◽  
Ch.K. Ordabaev ◽  

Being a living structure, the language is constantly evolving, including with the help of borrowings. It is impossible to stop this process. It is easier for young people to express their thoughts and feelings in a foreign language, rather than using fixed expressions in their native language. All this is happening as a result of increased information flows, the emergence of the global computer network – “the Internet”, the development of the world economic market, international tourism, and cultural ties. Today, the study of borrowings as manifestations of the interaction of different languages with each other is not the last among the problems of modern linguistics, and therefore, the attention of domestic and foreign researchers is directed to this issue. English plays a big role in the life of young people of Kazakhstan, who actively use foreign words in everyday life. In their opinion, it sounds beautiful and fashionable.The borrowing and use of words of foreign origin is a consequence of linguistic contacts influenced not only by historical and cultural factors, but also by the growing influence of the mass media.This article is dedicated to finding the peculiarities of the influence of English borrowings on the culture and speech of Kazakhstani youth.Being a living structure, the language is constantly evolving, including with the help of borrowings. It is impossible to stop this process. It is easier for young people to express their thoughts and feelings in a foreign language, rather than using fixed expressions in their native language. All this is happening as a result of increased information flows, the emergence of the global computer network – “the Internet”, the development of the world economic market, international tourism, and cultural ties. Today, the study of borrowings as manifestations of the interaction of different languages with each other is not the last among the problems of modern linguistics, and therefore, the attention of domestic and foreign researchers is directed to this issue. English plays a big role in the life of young people of Kazakhstan, who actively use foreign words in everyday life. In their opinion, it sounds beautiful and fashionable.The borrowing and use of words of foreign origin is a consequence of linguistic contacts influenced not only by historical and cultural factors, but also by the growing influence of the mass media.This article is dedicated to finding the peculiarities of the influence of English borrowings on the culture and speech of Kazakhstani youth.


Author(s):  
Tatsiana Serada

For several years, the Internet as an advertising platform, leading in growth compared with any other media. This article examines key indicators of the effectiveness of advertising campaigns on the Internet. The study proposes a number of measures aimed at a more complete and accurate assessment of the effectiveness of online advertising in modern conditions of the global computer network.


2020 ◽  
Vol 11 (2) ◽  
pp. 55-61
Author(s):  
Puninder Kaur ◽  
Taruna Sharma ◽  
Jaswinder Singh

In the recent era, the demand of the internet is increasing. The Internet is global computer network that provide the sharing of data and information. Internet is useful in every field. It modifies the way of working, living style and contributed positive impact on our life. With the raising of the demand new tools and technologies are developed. The internet is classified in various generations depends on the functionality and key features. In this paper the generations of the internet and functionality are discussed. The internet has 1.0, 2.0, and 3.0 that provides internet protocols. Internet 4.0 and 5.0 are grownup and it works on wireless and sensor network devices. With the development of new generation the data rate, flexibility, Quality of service, performance and many other features are improved. In this survey focus on the features, techniques and tools provided by each generation.


Author(s):  
Anton Anatolevich Komarov

The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.


2020 ◽  
Vol 21 (specjalny) ◽  
pp. 147-157
Author(s):  
Barbara Pabian

The role of the Internet as a culture-forming factor cannot be underestimated. In the modern world characterized by the domination of new technologies, this medium is developing dynamically, because it combines the potential of audio-visual messages with the possibility of creating diverse virtual reality. The computer network has already appropriated various professional, cultural and private spheres, becoming a full, but at the same time artificial space of human life. Thanks to the development of social networking sites and an unlimited number of users (interactors), social and collective needs are met through the internet. It comes to the so-called: “wikification” of knowledge and culture understood as the effect of collective intelligence actions and arrangements as well as restrictions on the sphere of privacy. This phenomenon is assessed by researchers in an ambivalent way. We learned about the importance of the internet in the age of the coronavirus pandemic. At that time, virtual tourism was included in the era of virtual dimension, gaining in this situation new opportunities and a spatio-temporal context. In view of this innovative form of tourism there is a need for a scientific view of this phenomenon and to pay attention to both positive aspects and threats that may occur to people moving in cyberspace. There is also a need for terminological clarification of the place, meaning and concept of virtual tourism. The purpose of the article, which uses the desk research critical analysis method is to pre-consider these problems and in this aspect try to propose an original definition of virtual tourism.


2017 ◽  
Vol 3 (2) ◽  
pp. 261-273
Author(s):  
Rico Septiandi ◽  
Siti Madinah Ladjamuddin ◽  
Ewin Suciana

urrently the development of information technology plays a very important role in various aspects of life, the Internet is a global computer network around the world as a medium of communication and modern information that can provide and display various information and data to the public. Website security system with the configuration file.Htacces built with the aim to to protect the website from the theft of information that often occur at this time. This security system is very useful to protect information from cracker attacks. Because data theft on the Internet can not be known if the cracker is taking information without damaging the system. Another case with the theft of information that often occurs in the real world. The design of webste security system is made with the configuration file.Htaccess and Notepad ++. Not a few websites that use a lot of authentication system penetrated by the crackers, they are eyeing this website for allegedly storing confidential information. Need a special way in securing a website like this. With the website security system using the configuration file.htaccess this is one means to secure the website page.


Author(s):  
Dan Jerker B. Svantesson

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.


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