The Role of Information Security and Cryptography in Digital Democracy

2015 ◽  
pp. 1564-1580
Author(s):  
Theodosios Tsiakis
Keyword(s):  
Human Rights ◽  
Information Security ◽  
Information Society ◽  
Communication Systems ◽  
Security And Privacy ◽  
Constitutional Rights ◽  
Critical Question ◽  
Role Of Government ◽  
Wrong Thing

The preponderant dilemma organisations confront currently is which way to homologate and superintend access for a broad mass of services and products and in parallel to preserve security and privacy. Information technology is rapidly changing, is inherently complex, and complexity kills security. There is an ongoing technical race to maintain security that does not take into account the human factors. The new technological infrastructure affects the degree of anonymity and confidentiality in mass-market computer-based systems and basically determines the evolution of democratic-political culture. Thus, in examining the issue of security, cryptography, privacy in the use of computers and Internet, forms the primary interest form the moral side of view, about what is the right and wrong thing to do, rather than in a legal frame, about what is legal and illegal. Security and privacy are not ethical or moral issues. They are fundamental human rights. In this societal change, the challenges of the information society are many but foremost is the protection of human rights. Addressing the critical question of how technological trends are both helping and hindering the advancement of human rights is essential in the specific digital environment. The democratic key concept is the efficient use of digital resources. We do not only need a culture of security (information), we further need to ensure the security of cultures, meaning that everyone should be able to freely exercise their constitutional rights. The role of this chapter is to bring to the surface the rights (human) implications of ICT and the information society. It enlightens the technical community, which designs, implements, and secures information and communication systems, with an understanding of human rights principles and foundational underpinnings. It highlights the role of government implications, identifies the role and relationship between the stakeholders, and indicates the balance between information security and freedom in order to understand that security, freedom, and rights (human), are not opposite concepts but coexist and progress in parallel.

The Role of Information Security and Cryptography in Digital Democracy

2013 ◽  
pp. 158-174 ◽  
Author(s):  
Theodosios Tsiakis
Keyword(s):  
Human Rights ◽  
Information Security ◽  
Information Society ◽  
Communication Systems ◽  
Security And Privacy ◽  
Constitutional Rights ◽  
Critical Question ◽  
Role Of Government ◽  
Wrong Thing

The preponderant dilemma organisations confront currently is which way to homologate and superintend access for a broad mass of services and products and in parallel to preserve security and privacy. Information technology is rapidly changing, is inherently complex, and complexity kills security. There is an ongoing technical race to maintain security that does not take into account the human factors. The new technological infrastructure affects the degree of anonymity and confidentiality in mass-market computer-based systems and basically determines the evolution of democratic-political culture. Thus, in examining the issue of security, cryptography, privacy in the use of computers and Internet, forms the primary interest form the moral side of view, about what is the right and wrong thing to do, rather than in a legal frame, about what is legal and illegal. Security and privacy are not ethical or moral issues. They are fundamental human rights. In this societal change, the challenges of the information society are many but foremost is the protection of human rights. Addressing the critical question of how technological trends are both helping and hindering the advancement of human rights is essential in the specific digital environment. The democratic key concept is the efficient use of digital resources. We do not only need a culture of security (information), we further need to ensure the security of cultures, meaning that everyone should be able to freely exercise their constitutional rights. The role of this chapter is to bring to the surface the rights (human) implications of ICT and the information society. It enlightens the technical community, which designs, implements, and secures information and communication systems, with an understanding of human rights principles and foundational underpinnings. It highlights the role of government implications, identifies the role and relationship between the stakeholders, and indicates the balance between information security and freedom in order to understand that security, freedom, and rights (human), are not opposite concepts but coexist and progress in parallel.

scholarly journals Indonesian Government Policy To Provide Employment Opportunities For Persons With Disabilities

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi
Keyword(s):  
Human Rights ◽  
Normative Study ◽  
Role Of Government ◽  
Persons With Disabilities ◽  
Library Research ◽  
Government Role ◽  
Role Based ◽  
Specific Regulation ◽  
The Right

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.

scholarly journals The Changing Role of Nordic Courts

2021 ◽  
pp. 167-183
Author(s):  
Martin Sunnqvist
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Nordic Countries ◽  
Constitutional Rights ◽  
Supreme Courts ◽  
The Rule Of Law ◽  
Changing Role

AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.

scholarly journals Biztonság és magánélet: az alku-modell megkérdőjelezése és meghaladása, II. rész: Jogi és döntéstámogatási megközelítések

2017 ◽  
Vol 17 (1) ◽  
pp. 7
Author(s):  
Iván Székely ◽  
Bernadette Somody ◽  
Máté Dániel Szabó
Keyword(s):  
Human Rights ◽  
Decision Support ◽  
Detailed Analysis ◽  
Information Society ◽  
Security And Privacy ◽  
Complex Relationship ◽  
Scholarly Journals ◽  
Trade Off ◽  
Decision Supporting ◽  
Zero Sum

Ez a tanulmány a biztonság és a magánélet sokrétegű, sokszempontú viszonyát elemzi, közelebbről a közöttük fennálló feltételezett alku-helyzet érvényességét és meghaladási lehetőségeit. A tanulmány két nagy egységre tagolódik és két részben jelenik meg, két együttműködő tudományos folyóirat egy időben megjelenő, tematikusan összehangolt lapszámaiban. Az első rész a Replika 103. lapszámában olvasható, a második rész pedig az Információs Társadalom jelen számában, mindkét esetben nyomtatott és elektronikus formában egyaránt. A tanulmány II. része a magánélet kontra biztonság döntési szituációkra koncentrál. Az emberi jogi bíróságok által követett módszertan és érvelés részletes elemzése alapján a szerzők az alkumodell meghaladását segítő új javaslatokat dolgoztak ki olyan esetekre, ahol a személyes magánszféra korlátozását biztonsági célok indokolják. Végül a szerzők az arányossági teszt logikáját és módszertanát a döntéstámogatás területére transzponálják, és részletes kérdéssort és szigorú eljárást dolgoztak ki olyan helyzetek kezelésére, ahol a magánéletet potenciálisan sértő megfigyelő rendszerek bevezetéséről kell döntést hozni. --- Security and Privacy: Questioning and superseding the trade-off model, Part II: Legal and decision-supporting approaches This study analyses the complex relationship between security and privacy, in particular the validity of the supposed trade-off relationship, and the possible ways to supersede a virtual zero-sum game in this area. The study is divided into two major parts, which are made available in simultaneously published issues of two separate scholarly journals featuring harmonized thematic blocks of articles. The separate, second part, is available in the present issue of Információs Társadalom [Information Society], while the first part is available in the connecting issue of Replika, in both printed and electronic formats. Part II of the study focuses on actual decisions in regard to situations where it is a matter of privacy versus security. After a detailed analysis of the methodology and reasoning of human rights courts the authors introduce new suggestions for superseding the trade-off model in situations where security-related purposes justify the limitation of privacy. Finally, the authors transpose the logic and methodology of the test of proportionality to decision support situations and offer a detailed set of questions and a strict procedure for testing the legitimacy of decisions on introducing surveillance measures that may infringe upon people’s privacy.

scholarly journals Topical issues of ensuring human rights on digital platforms

2021 ◽  
Vol 15 (4) ◽  
pp. 532-541
Author(s):  
Snezhana V. Simonova
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Security And Privacy ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
Human Rights Law ◽  
Legal Practice ◽  
Digital Platforms ◽  
The Status

The article deals with the constitutional understanding of the place modern Internet platforms play in ensuring human rights. Some problematic aspects of the topic are illustrated through the lens of Russian and foreign legal practice, which has developed in connection with the functioning of wellknown digital platforms and promotion of information rights, digital security and privacy rights, freedom of speech within the boundaries of popular social networks, video hosting platforms, online services. Particular attention is paid to the analysis of the latest novelties of Russian legislation aimed at regulating the status and new grounds for responsibility of digital platforms. The cornerstone question proposed by the author for discussion is the question of the best model of interaction between the state and digital platforms, as well as the conditions and limits of their responsibility for violations of human rights. The article analyzes the problem of inconsistency of terms of services with generally recognized standards of international human rights law, examines options for unifying the platform’s policies in relation to the content published on them, examines the phenomenon of “refusal of constitutional rights by contract”. Taking into account the deduced features of digital platforms as a space for the realization of human rights, the author’s view of the system of legal measures aimed at improving the standards of protecting human rights on digital platforms, is proposed as conclusions.

scholarly journals The Constitutionalism Doctrine in Criminal Proceedings: The Russian and U.S. Experience

2021 ◽  
Vol 1 ◽  
pp. 9-14
Author(s):  
Viktor A. Shestak ◽  
◽  
Vadim A. Shaynurov ◽  
Keyword(s):  
Human Rights ◽  
Detailed Analysis ◽  
Significant Influence ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Us ◽  
Protection Of Human Rights

Тhe authors have researched the role of the doctrine of constitutionalism in criminal proceedings, as well as identified modern tendencies in the development of criminal proceedings in the sphere of protection of human rights and freedoms. Besides, on the basis of detailed analysis of the US legislation, the peculiarities of implementation of the principle of constitutionalism in criminal proceedings were identified. The US judicial practice that had a significant influence on guarantees of constitutional rights and freedoms of a person was considered.

International Legal Basis of Criminal Law Protection of Information Security

2020 ◽  
Vol 2 (1) ◽  
pp. 82-98
Author(s):  
M. А. Efremova ◽  
Keyword(s):  
Information Security ◽  
Information And Communication Technologies ◽  
Russian Federation ◽  
Criminal Law ◽  
Information Society ◽  
Communication Technologies ◽  
Scientific Methods ◽  
Information And Communication ◽  
The Russian Federation

Introduction. One of the components of the national security of the Russian Federation is information security. In the context of the information society in the Russian Federation, the role of the information component of national security has increased significantly. There are new challenges and threats to the information security of the Russian Federation, which require the reaction of the legislator. However, the conditions of globalization require States to take joint measures to address such a complex problem as information security. Consequently, international information security cannot be achieved by a single state. It is necessary to consolidate efforts and develop a uniform approach to this issue. Theoretical Basis. Methods. The Information society is characterized by a high level of development of information and communication technologies and their use in almost all spheres of life. The emergence of the global information society, the increased role of information and information and communication technologies have stimulated the adoption of a number of international legal instruments in this area. In addition, a number of other guidance documents have been developed and adopted that define the ways and directions of law-making and cooperation at the level of regional organizations. Their distinctive feature was the realization of the lack of unified and clear conceptual and categorical apparatus. This also applies to the concept of “information security”, a unified approach to the understanding of which is not available at the international level. General scientific methods (materialistic dialectics) and private scientific methods: formallogical, comparative-legal, historical-legal. Results. Currently, at the international level, there is not only no legal act regulating issues in the field of criminal law protection of information security, but also there is no common understanding of information security, its main threats of possible joint measures to prevent and eliminate them. Discussion and Conclusion. As the interstate information confrontation will continue and gain new momentum, there is an urgent need for the adoption of an international legal act aimed at the criminal law protection of information security, containing the classification of crimes against information security and recommendations to States on the criminalization of acts against information security in national legislation.

THE ROLE OF STATE PENSIONS IN SOCIAL PROTECTION OF CITIZENS

2021 ◽  
Vol 6 (3) ◽  
pp. 45-52
Author(s):  
Makhmudjon Ziyadullaev ◽  
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Constitutional Rights ◽  
Pension Systems ◽  
The Past ◽  
The Social ◽  
The World ◽  
The Republic ◽  
The Right

This article presents ofthe content of the right to social security, which is considered as one of the constitutional rights of citizens, the role of state pensions in the social protection of pensioners and the world pension systems, including distributive, mandatory and conditional pension funds.As well as the size of pensions and their components, the relevance and importance in the Republic of Uzbekistan, the ratification of the UN Universal Declaration of Human Rights and changes in thepension sector over the past 3-4 years, taking into account the types of pension provision, frombeginningsof independence of our country

Legal grounds for restricting access to information: a philosophical aspect

2021 ◽  
Vol 28 (3) ◽  
pp. 64-73
Author(s):  
Oleh M. Omelchuk ◽  
Mariia P. Muzyka ◽  
Mykola O. Stefanchuk ◽  
Iryna P. Storozhuk ◽  
Inna A. Valevska
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Communication Technologies ◽  
Security And Privacy ◽  
The Internet ◽  
Free Access ◽  
Constitutional Rights ◽  
Access To Information ◽  
Right To Information ◽  
The Right

The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal

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