30 of the Communications Decency Act

2010 ◽  
pp. 363-371
Author(s):  
Joshua Azriel
Keyword(s):  
Online Communication ◽  
State Courts ◽  
Court Cases ◽  
Discussion Forums ◽  
Internet Communication ◽  
Federal Law ◽  
Appellate Courts ◽  
Chat Rooms ◽  
Internet Service ◽  
The Law

As a federal law, the 1996 Communications Decency Act (CDA) criminalizes any offensive content posted on a computer server that is operated by an Internet Service Provider (ISP). The law exempts ISPs and other “users” from any liability for the illegal content that is posted by third parties as long as they make a “good faith” effort to restrict the information. Plaintiffs, who claim to be victims of offensive messages and sued ISPs, consistently lost their court cases. District and appellate courts have upheld Section 230’s provisions and Congress’s authority to regulate in this area of online communication. The CDA applies to many forms of Internet communication; for example, websites, chat rooms, discussion forums, wikis, and blogs. This chapter reviews the law, examines how federal and state courts have interpreted the CDA regarding ISPs, describes under what conditions an ISP can be held responsible for illegal content, analyzes the “user” portion of the law, and presents the legal dangers of providing immunity for “users” who post illegal content online.

scholarly journals Analyzing the Communication Interchange of Individuals With Disabilities Utilizing Facebook, Discussion Forums, and Chat Rooms: Qualitative Content Analysis of Online Disabilities Support Groups (Preprint)

2018 ◽  
Author(s):  
Nichole E Stetten ◽  
Kelsea LeBeau ◽  
Maria A Aguirre ◽  
Alexis B Vogt ◽  
Jazmine R Quintana ◽  
...  
Keyword(s):  
Social Support ◽  
Support Groups ◽  
Comparative Method ◽  
Online Communication ◽  
Community Support ◽  
The United States ◽  
Online Support ◽  
Discussion Forums ◽  
Chat Rooms ◽  
Persons With Disabilities

BACKGROUND Approximately 1 in 5 adults in the United States are currently living with a form of disability. Although the Americans with Disabilities Act has published guidelines to help make developing technology and social networking sites (SNS) more accessible and user-friendly to people with a range of disabilities, persons with disabilities, on average, have less access to the internet than the general population. The quality, content, and medium vary from site to site and have been greatly understudied. Due to this, it is still unclear how persons with disabilities utilize various platforms of online communication for support. OBJECTIVE The objective of this study was to qualitatively explore and compare the interactions and connections among online support groups across Facebook, discussion forums, and chat rooms to better understand how persons with disabilities were utilizing different SNS to facilitate communication interchange, disseminate information, and foster community support. METHODS Facebook groups, discussion forums, and chat rooms were chosen based on predetermined inclusion criteria. Data collected included content posted on Facebook groups, forums, and chat rooms as well as the interactions among group members. Data were analyzed qualitatively using the constant comparative method. RESULTS A total of 133 Facebook posts, 116 forum posts, and 60 hours of chat room discussions were collected and analyzed. In addition, 4 themes were identified for Facebook posts, 3 for discussion forums, and 3 for chat rooms. Persons with disabilities utilized discussion forums and chat rooms in similar ways, but their interactions on Facebook differed in comparison. They seem to interact on a platform based on the specific functions it offers. CONCLUSIONS Interactions on each of the platforms displayed elements of the 4 types of social support, indicating the ability for social support to be facilitated among SNS; however, the type of social support varied by platform. Findings demonstrate that online support platforms serve specific purposes that may not be interchangeable. Through participation on different platforms, persons with disabilities are able to provide and receive social support in various ways, without the barriers and constraints often experienced by this population.

scholarly journals Analyzing the Communication Interchange of Individuals With Disabilities Utilizing Facebook, Discussion Forums, and Chat Rooms: Qualitative Content Analysis of Online Disabilities Support Groups

10.2196/12667 ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. e12667 ◽  
Author(s):  
Nichole E Stetten ◽  
Kelsea LeBeau ◽  
Maria A Aguirre ◽  
Alexis B Vogt ◽  
Jazmine R Quintana ◽  
...  
Keyword(s):  
Social Support ◽  
Support Groups ◽  
Comparative Method ◽  
Online Communication ◽  
Community Support ◽  
The United States ◽  
Online Support ◽  
Discussion Forums ◽  
Chat Rooms ◽  
Persons With Disabilities

Background Approximately 1 in 5 adults in the United States are currently living with a form of disability. Although the Americans with Disabilities Act has published guidelines to help make developing technology and social networking sites (SNS) more accessible and user-friendly to people with a range of disabilities, persons with disabilities, on average, have less access to the internet than the general population. The quality, content, and medium vary from site to site and have been greatly understudied. Due to this, it is still unclear how persons with disabilities utilize various platforms of online communication for support. Objective The objective of this study was to qualitatively explore and compare the interactions and connections among online support groups across Facebook, discussion forums, and chat rooms to better understand how persons with disabilities were utilizing different SNS to facilitate communication interchange, disseminate information, and foster community support. Methods Facebook groups, discussion forums, and chat rooms were chosen based on predetermined inclusion criteria. Data collected included content posted on Facebook groups, forums, and chat rooms as well as the interactions among group members. Data were analyzed qualitatively using the constant comparative method. Results A total of 133 Facebook posts, 116 forum posts, and 60 hours of chat room discussions were collected and analyzed. In addition, 4 themes were identified for Facebook posts, 3 for discussion forums, and 3 for chat rooms. Persons with disabilities utilized discussion forums and chat rooms in similar ways, but their interactions on Facebook differed in comparison. They seem to interact on a platform based on the specific functions it offers. Conclusions Interactions on each of the platforms displayed elements of the 4 types of social support, indicating the ability for social support to be facilitated among SNS; however, the type of social support varied by platform. Findings demonstrate that online support platforms serve specific purposes that may not be interchangeable. Through participation on different platforms, persons with disabilities are able to provide and receive social support in various ways, without the barriers and constraints often experienced by this population.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Discourse analysis in the quality of expected learning

Comunicar ◽  
2010 ◽  
Vol 18 (35) ◽  
pp. 131-139 ◽  
Author(s):  
Ana-Elena Schalk-Quintanar ◽  
Carlos Marcelo-García
Keyword(s):  
Social Cognitive ◽  
Online Communication ◽  
Asynchronous Communication ◽  
Discussion Forums ◽  
The Social ◽  
Quality Of Learning ◽  
E Learning ◽  
Research Findings ◽  
On Line

Universities are gradually implementing virtual learning processes. However, research still remains limited in examining the internal processes that occur in learning in virtual environments. This article presents an investigation that seeks to describe the relationship between the quality of interaction in asynchronous discussion forums in training experiences in e-learning, and the quality of learning offered and achieved. The main objective was to determine how interactions in online environments add quality to the learning of students. For this, a descriptive investigation was done that combines qualitative and quantitative phase, analyzing more than 10,000 messages in 171 participants from four postgraduate courses developed in the form of e-learning. Asynchronous communication was analyzed through a category system that analyzes the social, cognitive and didactic discourse online. Among the research findings, there highlights a positive relationship between quality and quantity of speech of the participants and the quality of learning achieved and reflected in the different levels of assessment. We can conclude that the need to analyze, not only the written discourse in asynchronous communication, but also to establish relations with both cognitive and social learning of students. Moreover, we conclude the necessity to train teachers to deal with the processes of online communication. Las Universidades están implementando de forma progresiva procesos de formación virtual. Sin embargo, todavía resulta escasa la investigación que analiza los procesos internos en lo que se produce el aprendizaje en ambientes virtuales. En este artículo se presenta una investigación que busca describir la relación entre la calidad de la interacción, en los foros de discusión asincrónica en experiencias de formación en e-learning, y la calidad de los aprendizajes propuestos y logrados. El principal objetivo consistió en conocer, de qué forma las interacciones en los espacios virtuales, aportan calidad a los aprendizajes de los alumnos. Para ello se realizó un estudio descriptivo que combina una fase cualitativa y una cuantitativa, analizando más de 10.000 mensajes en 171 participantes de cuatro cursos de postgrado desarrollados en la modalidad de e-learning. Se analizó la comunicación asíncrona, a través de un sistema de categorías que contenía dimensiones sociales, cognitivas y didácticas del discurso on-line. Entre los resultados de la investigación se destaca una relación positiva entre la calidad y cantidad del discurso de los participantes y la calidad de los aprendizajes obtenidos y reflejados en las diferentes instancias de evaluación. Podemos concluir la necesidad de hacer un análisis, más allá del discurso escrito, para establecer relaciones con los aprendizajes tanto cognitivos como sociales de los alumnos. Por otra parte concluimos la necesidad de formar a los docentes para abordar los procesos de comunicación on-line.

EXPRESSIVE MEANING, RACE, AND THE LAW:

Legal Theory ◽  
1999 ◽  
Vol 5 (1) ◽  
pp. 75-99
Author(s):  
Andrew Altman
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Court Cases ◽  
The Supreme Court ◽  
Expressive Meaning ◽  
The Law

Recently, legal and social thinkers have turned to the idea that actions possess a nonlinguistic meaning, called “expressive meaning.” In this article I examine the idea of expressive meaning and its role in legal reasoning. My focus is on a series of U.S. Supreme Court cases involving constitutional challenges to election districts drawn on the basis of race. The Supreme Court used the idea of expressive meaning in striking down the districts. After explicating the idea of expressive meaning, I explain and criticize the Court’s reasoning. I distinguish the approach of Justices Thomas and Scalia, who hold that all uses of race in districting do constitutional harm, from that of Justice O’Connor, who distinguishes uses of race that do constitutional harm from those that do not. I contend that Justice O’Connor is right to make the distinction but she draws the line using a questionable standard. A more defensible standard would be more accommodating to the districts that the Court invalidated.

scholarly journals “University Law Clinics and their value in undertaking client-centred law reform to provide a voice for clients’ experiences”

2014 ◽  
Vol 12 ◽  
pp. 105 ◽  
Author(s):  
Liz Curran
Keyword(s):  
Legal System ◽  
Work Experience ◽  
Policy Development ◽  
Clinical Work ◽  
Law Reform ◽  
Public Confidence ◽  
Court Cases ◽  
Clinical Program ◽  
Case Work ◽  
The Law

<p>This article examines how a clinical program can enlarge on the benefits of case work experience of enabling students by adding a course component which engages the students in identifying systemic issues in their case work which can be used to inform work on law reform issues as part of assessment in the clinical programs. The clinical program discussed in this article, demonstrates that assessment can be broadened to enable students to critique the contexts within which client issues emerge. The added component to student case work requires students to develop and use further skills in research, analysis and the evaluation of issues emerging from case work and suggest considered solutions to improve the operation of the legal system. My experience of such an approach is that it deepens students understanding not just of the law and how it is applied to their case work but also the mechanics of the law, how laws are made and how they are influenced. Student lawyers also see the important role of lawyers as members of a profession in ensuring the legal system retains public confidence. A side effect of this extension of the clinical work beyond only client work, is that students become motivated and are more employable (as they leave the course not only with skills in interviewing, communicating, letter writing, applying the law and preparing court cases) with skills in policy development and submission writing.</p>

scholarly journals “A World of Steel-Eyed Death”: An Empirical Evaluation of the Failure of the Strickland Standard to Ensure Adequate Counsel to Defendants with Mental Disabilities Facing the Death Penalty

2020 ◽  
pp. 261
Author(s):  
Michael Perlin ◽  
Tailia Roitberg Harmon ◽  
Sarah Chatt
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Empirical Evaluation ◽  
Therapeutic Jurisprudence ◽  
Full Length ◽  
Court Cases ◽  
Mental Disabilities ◽  
Legal Representation ◽  
Entire Area ◽  
The Law

First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed. Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade of “adequacy of counsel law” fails miserably to meet the standards of this important school of thought. Our title comes, in part, from Bob Dylan’s song, Shelter from the Storm. As one of the authors (MLP) has previously noted in another article drawing on that song’s lyrics, “[i]n a full-length book about that album, the critics Andy Gill and Kevin Odegard characterize the song as depicting a ‘mythic image of torment.’” The defendants in the cases we write about—by and large, defendants with profound mental disabilities who face the death penalty in large part because of the inadequacy of their legal representation— confront (and are defeated by) a world of ‘steel-eyed death.’ We hope that this Article helps change these realities.

scholarly journals Small Defamation Claims in Small Claims Jurisdictions: Worth Considering for the Sake of Proportionality?

2018 ◽  
Vol 41 (4) ◽  
Author(s):  
Kim Gould
Keyword(s):  
Decision Making ◽  
Online Communication ◽  
Reform Process ◽  
Access To Justice ◽  
Ordinary People ◽  
Reform Agenda ◽  
Administration Of Justice ◽  
Small Claims ◽  
The Law ◽  
Defamation Law

Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by (1) demonstrating the need for a proportionate means for resolving small defamation claims, having regard to access to justice considerations and other wider concerns; (2) establishing reasonable grounds for seriously considering deploying the traditional small-claims-proportionate response – small claims jurisdictions – for this purpose notwithstanding contraindications including the infamous complexity of defamation law; and (3) advancing a research pathway for the proportionate treatment of small defamation claims to guide decision-making and innovation. This article also advocates for consideration of this important issue in the ‘national reform process’ launched in 2018 for Australian defamation law.

scholarly journals Psycho-social impacts of virtual communication

Temida ◽  
2011 ◽  
Vol 14 (3) ◽  
pp. 23-36
Author(s):  
Rajko Macura ◽  
Slavoljub Vujovic ◽  
Djuro Mikic
Keyword(s):  
Social Life ◽  
Online Communication ◽  
Maladaptive Behavior ◽  
The Internet ◽  
Internet Communication ◽  
Negative Consequences ◽  
Virtual Communication ◽  
Negative Impacts ◽  
Use Of The Internet ◽  
The Impact

The emergence and spread of Internet communication has led to changes in social relationships, abuse of the Internet and maladaptive behavior. Among the authors who have studied the impact of these changes there is no consensus, and the results of their research are often contradictory. Some authors conclude that Internet communication strengthens networks of its users, while others believe that such communication leads to reduced participation in real social life. In a number of people, excessive use of the Internet adversely affects the mental health and social life and can lead to obsession at the expense of other aspects of life and creating addiction. The greatest risk of negative impacts of online communication is among children and young people. This paper is meant to indicate, the good sides as well as the negative consequences of excessive and non-functional Internet use

Sign in / Sign up

Export Citation Format

Share Document