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Essay on international cyber law
Essay on international cyber law
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Yahoo Inc. case
The fact and precedents in Yahoo Inc. case and its judgment is referenced so as to bring into a skeptical idea of process that courts adopt while deciding matters relating to jurisdictional issues in cyber law. Yahoo is one of the world’s largest global online networks for wide range services. It has reached out for more than 21 million local users in United States and 90 millions globally. The baseless fight of nations on their cultural differences, and the effort to claiming their laws on each other in an effort to protect those differences rather than seeking means to preserve them without conflict, is an old and regrettably venerated tradition. the issue between the two plaintiff and Yahoo serves as a poor explanation of
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to advise against French citizens from accessing the site and to take all necessary dealings to make it unfeasible to access the Nazi relic auction and any other web site or service that may comprise an apology for Nazism or a contesting of Nazi crimes. 02 In addition, the French court ordered Yahoo! to pay a penalty of 10,000 Francs to LICRA . Following the French decisions, Yahoo! filed a suit in the U.S. District Court for the Northern District of California seeking a declaratory judgment that the French court's orders were neither recognizable nor enforceable under the laws of the United …show more content…
Zippo manufacturing’s basis of claims was Dot Com ‘s use of the world “Zippo” I in the domain names in numerous locations in its websites and in the title of the internet newsgroup message that were posted by the Zippo dot com subscribers . Dot Com moved to dismiss for lack of personal jurisdiction. Zippo manufacturing filed a complaint in opposition to Dot com for trademark dilution, false designation, and under the Federal Trademark Act and state law trademark . The Court established a three-prong test for determining whether a court has jurisdiction over a website. Under the test, the probability that personal jurisdiction can be constitutionally exercised is directly balanced to the nature and quality of the marketable or commercial activity that an entity conducts over the internet. Under Zippo, there is a “continuum’ for sliding scales for measuring websites, which fall in to three general
Johnson, T. (2011). S.P.I.D.E.R. A strategy for evaluating websites. Library Media Connection, 29(6), 58-59. Retrieved from http://web.b.ebscohost.com.proxy.devry.edu/ehost/pdfviewer/pdfviewer?sid=a1fe208a-6fb8-4e68-8191-7ef041e2d483%40sessionmgr111&vid=25&hid=113
Within the United States’ Criminal Justice System, problems pertaining to jurisdiction issues are quite common due several reasons. The United States v. Thomas J. L Smiley case and the United States v. Jared Lee Loughner case both had jurisdiction issues. Smiley and several other men obtained permission through a license from Mexico to search for treasure on an expedition; the treasure belonged to the steamer Golden Gate, which belonged to the Pacific Mail Steamship Company located within the United States. Ultimately, federal charges were brought upon him from the United States for violating a statue regarding plundering a sunken and/or abandoned ship. In contrast, Loughner had federal charges brought upon him by the United States due to his act a shooting, which resulted in the injuries and deaths of federal officials and employees. Furthermore, both cases involve jurisdiction issues involving the fairest of the trials and the location of the alleged crime; however, they both differ due to the circumstances and nature of the alleged crimes.
A resolution of the Democratic Party of Texas, a group that the Texas Supreme Court had deemed a "voluntary association," allowed only whites to participate in Democratic primary elections. S.S. Allwright was a county election official; he denied Lonnie E. Smith, a black man, the right to vote in the 1940 Texas Democratic primary.
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013
Technology has provided our society with numerous innovations that have been created to improve the quality of life on a daily basis. One such innovation is the Internet. The access to a wide variety of information is perhaps the most valuable tool, as well as the most important tool, that we have entering the twenty-first century. There are virtually no limits on how much can be achieved through the use of the Internet. This is not, however, necessarily a good thing. Most people find that offensive material such as child pornography and hate-related propaganda can be viewed by people too easily via the Internet. While child pornography is a detestable subject, it does not have the sort of appeal that a hate group website does in that there are stricter guidelines preventing individuals from attaining child pornography material from the Internet. These stricter guidelines include the Communications Decency Act (1995), which forbids the use of the Internet for such purposes as attaining material of a child pornographic nature (Wolf, 2000). This law can also be used to monitor the hate group websites, but since the law is too broad, it is rarely held up in court. The hate group websites do, however, have a large enough following that there is legislation being formed to specifically target the material on the sites. Despite the highly offensive nature of hate group websites, the sites should not be censored because the right to free speech must be preserved. In this paper we will define what is considered to be hateful content; why this hateful content should be protected; what else can be done to monitor this material on the Internet; and when are the people cr...
This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.
On July 7th 2011, Verisign issued a statement declaring that all .com, .net, .org and many other domain names would become under United States (US) jurisdiction. Websites containing these domain names, which were registered outside of US, have encountered various implications for multiple reasons. Firstly, although these websites are registered in a country other than the US, they are subjected to US law despite the fact that the registrar might be living in a country with differentiating laws. The Bodog.com case is a clear example of this. Secondly, the US now has authority to actually seize a website and hold the website’s registrar accountable if their website is deemed to be illegal under US laws. Lastly, this is a clear case of the US abusing its power and acting as a sovereign nation over other countries. The citizens of a particular country have the right to follow and abide by their country’s own rules and in no way should be subjugated to the laws if another country. Domain names, such as .com and .org, are widely used across the world and US jurisdiction is causing non-US users to face several repercussions.
... that Yahoo had faced when the information it turned over to the Chinese government was used to sentence people to prison terms.
One of the main issues which were confronted in relation to cyberspace was the issue of “jurisdiction”. The arousing of such a problem was owed mainly to the unique nature of the cyberspace, that is, its virtual nature. Traditional concept of “jurisdiction” encompassed with it the notion of well defined physical boundary which is absent in case of cyberspace.
...s, which keep track of the users’ digital footprints and activities. Physical surveillance, in the form of trawling the Internet and hacking computers is technically feasible but fiscally unfeasible. Such measure also compromise privacy and democracy. Conversely, employing legislation to regulate and/or control the Internet has a number of advantages in terms of the ease of execution, the feasibility, and the transparency of the judicial processes (Johal, 2004: 4). However, legislature is purposely vague and the language ambiguous, allowing for flexibility of interpretation in the event of new developments (Endeshaw, 1996: 210). For example, the Internet Code of Practice that states that '(p)rohibited material is material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony' (in Johal, 2004: 5).
The definition of Internet Governance remains broad and dependent on the context of the situation. It is important to understand that the term is not restricted to the activities of governments, however for purposes of this paper I will primarily be exploring the arguments and issues surrounding legal regulation of the Internet including factors shaping the debate such as the political environment, open information sharing, and the significance of international collaboration on this topic. It is also key to understand how the mechanics of the Internet infrastructure allow for low barriers to entry which in turn makes security and control at the state level difficult. By governance, I’m refering to the processes and institutions, both formal and informal, that guide and restrain the collective activities of a group (Keohane, 2002). Much of Internet Governance (IG) currently is controlled by one global institution The Internet Corporation for Assigned Names and Numbers (ICANN). The organization operates as a mostly independent nonprofit which derives power from the US Department of Congress. It is easiest to think of them as the phonebook of the internet, or a switchboard connecting point A to point B. Most of the internets 2.8 billion users reside outside of the US and although the American government has never blocked any changes proposed by ICANN, they continue to hold the keys to what could easily considered a digital hegemony (Doing the ICANN, 2014). With such a massive network of stakeholders such as states, special interest groups, NGOs and powerful private industry players intermingled into the debate on IG, the status quo is sure to change. This topic represents one more example of a growing number of issue...
As can be seen, from the information presented, the need for laws and restrictions concerning internet data collection is greatly needed. Moreover, the government can search private citizens data without warrant or cause. Also, companies are not only collecting internet user data but also selling it. The companies and agencies who commit such crimes should be fined or either closed down. In closing, the privacy and security of individuals on the internet should be upheld by the United States government.
It is because rewriting of history will lead to distortion of some information. The ruling makes it simpler for illegitimate actors to hide by keeping low their prior imprudence. In conclusion, for this judgment to work efficiently as intended, a panel of professionals should be established and well-funded(Kent, 2009). Such measure will help search services determine how to address cases that fall in the gray areas.
This paper seeks to look at the international public law and its development in connection to the internet. It sets out to answer the question: ‘is the internet changing, shaping and developing the public international legal system and if so, how?’ To answer this question, we shall look at the roles, importance, advantages and disadvantages of the internet in the development of public international law, with a supportive case study.
The Internet along with other technologies has opened channels of communication. Not only has the Internet played a great role in forming international public opinions regarding the United States throughout the Middle East, Asia, and Western Europe, but it has also helped to democratize the rest of the world by allowing them to voice their own opinions. However, sometimes the incited cyber public opinions would lead to some extremely negative behaviors and cause serious problems like cyber bullying, real life crimes, and even a long time social unrest.