Cyber Law

8,705 views

Published on

Published in: Technology
0 Comments
2 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
8,705
On SlideShare
0
From Embeds
0
Number of Embeds
57
Actions
Shares
0
Downloads
266
Comments
0
Likes
2
Embeds 0
No embeds

No notes for slide

Cyber Law

  1. 1. TOPIC : CYBER LAW PREPARED BY: NOOR FARIHAH BT ASRI SMKSA
  2. 2. Content <ul><li>Definition of Cyber Law </li></ul><ul><li>Net Neutrality </li></ul><ul><li>Jurisdiction and Sovereignty </li></ul><ul><li>Free Speech in Cyberspace </li></ul>
  3. 3. DEFINITION OF CYBER LAW <ul><li>Cyber law (also referred to as cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly &quot;cyberspace&quot;, i.e. the Internet. It is less a distinct field of law in the way that property or contract are as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to integrate the challenges presented by human activity on the Internet with legacy system of laws applicable to the physical world. </li></ul>
  4. 4. Net Neutrality <ul><li>Another major area of interest is net neutrality, which affects the regulation of the infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments, suggesting that the Internet is not as independent as Barlow and others would like to believe </li></ul><ul><li>This is turning into one of the most critical aspects of cyber law and has immediate jurisdictional implications, as laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected . </li></ul>
  5. 5. Jurisdiction and Sovereignty <ul><li>Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. </li></ul>
  6. 6. <ul><li>Jurisdiction is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence. Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extra-territorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation. This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws. </li></ul>
  7. 7. <ul><li>Another major problem of cyber law lies in whether to treat the Internet as if it were physical space (and thus subject to a given jurisdiction's laws) or to act as if the Internet is a world unto itself (and therefore free of such restraints). Those who favor the latter view often feel that government should leave the Internet community to self-regulate. JohN Perry Barlow, for example, has addressed the governments of the world and stated, &quot;Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. </li></ul>
  8. 8. In practical terms, a user of the Internet is subject to the laws of the state or nation within which he or she goes online. Thus, in the U.S., Jake Baker faced criminal charges for his e-conduct (see Free Speech), and numerous users of peer-to-peer file-sharing software were subject to civil lawsuits for copyright infringement. This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another. In fact, even different standards concerning the burden of proof in a civil case can cause jurisdictional problems. For example, an American celebrity, claiming to be insulted by an online American magazine, faces a difficult task of winning a lawsuit against that magazine for libel. But if the celebrity has ties, economic or otherwise, to England, her or she can sue for libel in the British court system, where the standard of “libelous speech” is far lower.
  9. 9. Free Speech in Cyberspace <ul><li>In comparison to traditional print-based media, the accessibility and relative anonymity of cyber space has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions with little-to-no distribution costs. Yet this new form of highly-accessible authorship in cyber space raises questions and perhaps magnifies legal complexities relating to the freedom </li></ul><ul><li>In many countries, speech through cyberspace has proven to be another means of communication which has been regulated by the government. The Open Net Initiative, [3], whose mission statement is &quot;to investigate and challenge state filtration and surveillance practices&quot; in order to &quot;...generate a credible picture of these practices,&quot; has released numerous reports documenting the filtration of internet-speech in various countries. While China has thus far proven to be the most rigorous in its attempts to filter unwanted parts of the internet from its citizens [4], many other countries - </li></ul>
  10. 10. THE END

×