A study on internet libel in the philippines (2)Geritt Contillo
1) The Philippines has no specific law on internet libel, but libel committed through any "similar means" to those outlined in Article 355 could apply, including the internet.
2) For libel to apply, the statement must be defamatory, malicious, given publicly, and identify the victim. All elements must be present.
3) Service providers are generally not liable for users' content unless they have actual knowledge, receive financial benefit from unlawful acts, or directly commit infringement.
Freedom of expression & censorship in thailandgcanavati
The document summarizes Thailand's freedom of expression and internet censorship policies. It notes that while the 2007 Constitution guarantees freedom of expression, the Lese Majeste and Computer Crime Act laws infringe on this right. These ambiguous laws, which carry prison sentences up to 15 years, are used to silence political opposition and result in a 100% conviction rate. The document recommends that Thailand bring these laws in line with international human rights treaties by more clearly defining crimes and lessening punishments to comply with the Constitution and honor freedom of expression.
The document discusses the Digital Security Act (DSA) of Bangladesh. It provides an overview of the intended role of the DSA to punish offenses related to illegal access of information and cybercrimes. However, it also analyzes troublesome parts of the DSA that could infringe freedom of expression and be open to abuse. These include provisions allowing blocking of online content and criminalization of speech that insults or hurts religious sentiments. The document concludes with recommendations to revise problematic sections of the DSA to align it with international human rights standards on freedom of expression.
The document discusses protests against sections of the Philippines' Cybercrimes Prevention Act (CPA) as unconstitutional and infringing on free speech. Specifically, sections relating to online libel and aiding those who spread libelous content online are criticized as too vague and limiting of free expression. While the government maintains the law is needed to address cybercrimes, internet users and journalists argue certain sections need amendment to avoid misinterpretation and limiting legal online discourse. The Supreme Court has issued a temporary restraining order on the assailed sections until the petitions questioning them are resolved.
The document summarizes concerns about the Cybercrime Prevention Act of 2012 in the Philippines from the Computer Professionals' Union. It discusses how several provisions in the new law threaten freedom of speech and expression by criminalizing libel and allowing websites to be blocked without due process. It also notes how the law could negatively impact internet users and technology professionals by punishing normal computer use or repair work if they are misinterpreted as cybercrimes. Critics argue the issues cannot be addressed through an implementing regulation and call for challenging the law in court.
The Digital Security Act 2018 in Bangladesh aims to curb crimes committed digitally such as spreading fake news, slander, and inciting violence. However, critics argue it could undermine media freedom and freedom of expression that are protected by the country's constitution and laws. The act allows the government to monitor digital platforms and restrict content it deems harmful or offensive. International organizations have called for reforming the laws to prevent overreach and protect civil liberties.
This document is the Cybercrime Prevention Act of 2012 from the Philippines. It defines cybercrime and establishes punishments for illegal computer access, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, fraud and identity theft, cybersex, child pornography, unsolicited commercial communications, and libel committed through computer systems. It assigns the National Bureau of Investigation and Philippine National Police to enforce cybercrime laws and authorizes them to collect traffic data in real-time related to communications with a warrant. Corporations can also face liability and fines if cybercrimes are committed on their behalf.
Digital security law security of individual or governmentM S Siddiqui
The document discusses Bangladesh's proposed Digital Security Act 2018 and debates around balancing national security, personal security, and freedom of expression. It summarizes key sections of the proposed law that have raised human rights concerns, such as allowing searches and arrests without warrants. While cyber security aims to protect digital systems and data, the law may infringe on citizens' privacy and speech. There are calls to amend sections to ensure rights are not violated in the name of national security.
A study on internet libel in the philippines (2)Geritt Contillo
1) The Philippines has no specific law on internet libel, but libel committed through any "similar means" to those outlined in Article 355 could apply, including the internet.
2) For libel to apply, the statement must be defamatory, malicious, given publicly, and identify the victim. All elements must be present.
3) Service providers are generally not liable for users' content unless they have actual knowledge, receive financial benefit from unlawful acts, or directly commit infringement.
Freedom of expression & censorship in thailandgcanavati
The document summarizes Thailand's freedom of expression and internet censorship policies. It notes that while the 2007 Constitution guarantees freedom of expression, the Lese Majeste and Computer Crime Act laws infringe on this right. These ambiguous laws, which carry prison sentences up to 15 years, are used to silence political opposition and result in a 100% conviction rate. The document recommends that Thailand bring these laws in line with international human rights treaties by more clearly defining crimes and lessening punishments to comply with the Constitution and honor freedom of expression.
The document discusses the Digital Security Act (DSA) of Bangladesh. It provides an overview of the intended role of the DSA to punish offenses related to illegal access of information and cybercrimes. However, it also analyzes troublesome parts of the DSA that could infringe freedom of expression and be open to abuse. These include provisions allowing blocking of online content and criminalization of speech that insults or hurts religious sentiments. The document concludes with recommendations to revise problematic sections of the DSA to align it with international human rights standards on freedom of expression.
The document discusses protests against sections of the Philippines' Cybercrimes Prevention Act (CPA) as unconstitutional and infringing on free speech. Specifically, sections relating to online libel and aiding those who spread libelous content online are criticized as too vague and limiting of free expression. While the government maintains the law is needed to address cybercrimes, internet users and journalists argue certain sections need amendment to avoid misinterpretation and limiting legal online discourse. The Supreme Court has issued a temporary restraining order on the assailed sections until the petitions questioning them are resolved.
The document summarizes concerns about the Cybercrime Prevention Act of 2012 in the Philippines from the Computer Professionals' Union. It discusses how several provisions in the new law threaten freedom of speech and expression by criminalizing libel and allowing websites to be blocked without due process. It also notes how the law could negatively impact internet users and technology professionals by punishing normal computer use or repair work if they are misinterpreted as cybercrimes. Critics argue the issues cannot be addressed through an implementing regulation and call for challenging the law in court.
The Digital Security Act 2018 in Bangladesh aims to curb crimes committed digitally such as spreading fake news, slander, and inciting violence. However, critics argue it could undermine media freedom and freedom of expression that are protected by the country's constitution and laws. The act allows the government to monitor digital platforms and restrict content it deems harmful or offensive. International organizations have called for reforming the laws to prevent overreach and protect civil liberties.
This document is the Cybercrime Prevention Act of 2012 from the Philippines. It defines cybercrime and establishes punishments for illegal computer access, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, fraud and identity theft, cybersex, child pornography, unsolicited commercial communications, and libel committed through computer systems. It assigns the National Bureau of Investigation and Philippine National Police to enforce cybercrime laws and authorizes them to collect traffic data in real-time related to communications with a warrant. Corporations can also face liability and fines if cybercrimes are committed on their behalf.
Digital security law security of individual or governmentM S Siddiqui
The document discusses Bangladesh's proposed Digital Security Act 2018 and debates around balancing national security, personal security, and freedom of expression. It summarizes key sections of the proposed law that have raised human rights concerns, such as allowing searches and arrests without warrants. While cyber security aims to protect digital systems and data, the law may infringe on citizens' privacy and speech. There are calls to amend sections to ensure rights are not violated in the name of national security.
This document provides an overview and analysis of the Digital Security Act 2018 in Bangladesh. It discusses the purpose of the act to address cybersecurity issues, the controversies around limitations to civil liberties, and an evaluation of the act's constitutionality and viability based on international guidelines. The document examines specific sections of the act that are controversial and violate constitutional rights. It provides recommendations to address these issues in both the short and long term through legislative amendments and capacity building.
The Pornography Act of 2012 was enacted by the Bangladesh parliament to protect deteriorating social, ethical, and moral values due to the spread of sexual content. The act defines pornography and establishes rules and punishments related to producing, distributing, or possessing pornographic materials. It allows for the investigation of related crimes and seizure of evidence. Punishments include imprisonment of up to 10 years and fines of up to 5 lakh taka depending on the offense. The act aims to curb the proliferation of pornography in Bangladesh and set an example through convictions under the new law.
Freedom of expression & censorship in thailandgcanavati
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
This document provides an overview of digital and cyber crimes investigations. It discusses open source intelligence (OSINT), federal and state laws related to digital evidence, examples of digital evidence in criminal cases, and questions for further discussion. The document emphasizes teamwork and knowing limitations in investigations. It cautions that the information provided is for general purposes only and not legal advice.
The document summarizes cyber crime laws in Pakistan. It outlines several key laws related to cyber crimes, electronic transactions, telecommunications, and electronic fund transfers. The primary law is the Prevention of Electronic Crimes Ordinance of 2007, which defines various cyber crimes and corresponding penalties. The laws aim to address online criminal activities and regulate electronic transactions, telecommunications systems, and payment systems in Pakistan.
This document discusses cybercrime laws in the Philippine and United States settings. In the Philippines, there are several types of cybercrimes outlined including illegal access, unauthorized interception of data, data interference, and system interference, each carrying penalties of imprisonment from 6 years to 12 years and fines. United States cybercrimes include online gambling, intellectual property theft, harassment, fraud, viruses/malware, denial of service attacks, and cyber terrorism. Cybercrimes within organizations can involve email abuse, spam, defamation, code theft, information leaks, personal data theft, unauthorized computer use, and porn/external attacks.
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
The document discusses political issues related to cybercrime prevention. It summarizes the Cybercrime Prevention Act of 2012 (RA#10175) which aims to prevent misuse and illegal access of computer systems and data. However, some claim the Act violates freedom of expression. The document then reviews what constitutes freedom of expression under the law and examines whether specific cybercrime offenses listed in the Act actually violate this right or harm others. It concludes the Act does not violate freedom of expression as the prohibited acts involve illegally accessing systems or harming others. The document also suggests the Act helps create an environment conducive to growth of information and communication industries in the country.
The Philippine Cybercrime Prevention Act of 2012Jim Ayson
The document is a draft bill for the Cybercrime Prevention Act of 2012 being considered by the Senate of the Philippines. It aims to define cybercrime offenses and provide for the prevention, investigation and punishment of such offenses. Some key points covered include defining terms related to computers, computer data and systems; classifying illegal access, interception and interference with computer systems and data as cybercrime offenses; and clarifying the role of service providers in relation to interception or monitoring of communications data.
The document summarizes the Cybercrime Prevention Act of 2012 in the Philippines, which aims to address legal issues concerning online interactions such as cybersex, child pornography, and identity theft. It defines key terms and outlines penalties for offenses related to illegal access, interception of data, and other cybercrimes. Specifically, it describes how cybersex dens operate in the Philippines, with financiers, website administrators, and local operators managing the recruitment and exploitation of workers, often through human trafficking. Prior to 2012, there were gaps in laws addressing cybersex dens and adult workers, though provisions on child pornography, trafficking, and prostitution applied.
Cyer crimes and cyber laws b.v.raghunandanSVS College
This document discusses cyber laws and cyber crimes. It defines cybercrime as offenses committed against individuals or groups using modern communication networks like the internet and mobile phones to intentionally harm the victim. A broader definition is provided that a cyber crime is any offense committed using computers, the internet or electronic devices where the technology is used as a tool or target. Various types of cybercrimes are outlined like financial crimes, data theft, copyright infringement and cyber terrorism. The techniques used include hacking, phishing and malware. Characteristics of cyber crimes are discussed along with perpetrators like individuals, groups, companies and governments. India's Information Technology Act of 2000 is summarized which established cyber laws and outlined various cyber offenses and penalties. The future agenda suggested educ
Cyber security and prevention in BangladeshRabita Rejwana
This document discusses cyber crime prevention and security in Bangladesh. It begins by defining cyberspace and some key characteristics, such as lack of geographical boundaries and digital footprints. It then defines cyber crimes and classifications like financial fraud, cyberterrorism, and computer hacking. The document outlines several laws in Bangladesh related to cyber security, including the Penal Code of 1860, Information and Communication Technology Act of 2006, Pornography Control Act of 2012, and Digital Security Act of 2018. It discusses adjudicating cyber crimes through a Cyber Tribunal and Cyber Appellate Tribunal. The conclusion emphasizes that prevention through awareness of laws is key to reducing cyber crimes.
The document outlines Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which defines and penalizes cybercrimes such as illegal access, cybersex, and libel. It establishes the Cybercrime Investigation and Coordinating Center to investigate cybercrimes and allows law enforcement to collect traffic data with a court order. The law was controversial due to introducing internet libel as an offense and was temporarily blocked by the Supreme Court.
The Computer Misuse Act was introduced in 1990 to address problems caused by hacking that were previously unregulated. There are three main offenses under the Act: 1) Unauthorized access to computer material, which includes accessing someone else's account without permission and carries up to 6 months in prison; 2) Unauthorized access with intent to commit a further crime, such as stealing information or money, carrying up to 5 years in prison; and 3) Unauthorized modification of computer material with intent to cause damage, including introducing viruses, also carrying up to 5 years in prison.
1. The document discusses issues around internet governance and filtering, noting that while the internet is a critical global resource, there are currently no enforceable international laws governing access.
2. It outlines some principles of internet governance inspired by international law, and examines how different countries justify internet filtering to uphold community standards or ensure national security.
3. The document concludes that while states have independent control over internet access within their borders, there are no meaningful external legal checks and the UN currently takes no stance on internet governance internationally.
The document discusses three IT act cases:
1) Kent RO Systems vs Amit Kotak eBay.in, where the court ruled eBay was not responsible for verifying information of all products listed, but directed eBay to remove links to fake products.
2) Section 66A of the IT Act, which punishes sending offensive or false messages through communication services with imprisonment up to 3 years.
3) Infosys vs Akhil Gupta, a 2005 domain name trademark issue case similar to Microsoft vs Deepak Raval in 2006.
This document discusses web censorship and public awareness in Japan. It outlines different perspectives on what censorship means, and notes moves toward increased internet regulation in Japan around content filtering and copyright legislation. While most public surveys show support for regulating "harmful content", opposition argues that censorship could stifle innovation and leave Japan behind economically. The document concludes that awareness and literacy are important aspects of the debate around internet censorship.
RECOMMENDATIONS AND LESSONS FROM OTHER JURISDICTIONS TO ENHANCE THE EFFECTIV...Vishni Ganepola
When compared with certain other jurisdictions, Sri Lankan legal framework on cyber-crimes is much effective. Yet, there is much potential for it to develop into a more effective legal framework. The chapter suggested certain measures that can be implemented to national level as well as in international level to provide for the irregularities that exist in system while giving examples from few main jurisdictions. Legal measures in order to identify existing and new offences, to provide interpretations for undefined yet commonly used terms and measures to implement lenient measures in relation to admissibility of computer evidence were suggested while social measures to increase public awareness and IT literacy and measures to provide required training expertise to investigators were also suggested. Base of ICT Law is technology. Therefore, answers to certain irregularities could also be found through technology. Thus, technical measures such as implementing national encryption policy and monitoring and surveillance system were recommended. Recommendations were proposed for the international community on how to enhance mutual legal assistance and on empowering international criminal justice system on cyber-crimes.
Computer and network surveillance involves monitoring computer activity, data stored on hard drives, and data transferred over networks like the Internet. This monitoring can be done covertly by governments, corporations, criminal groups, or individuals, and may or may not be legal depending on authorization. While surveillance allows authorities to maintain control and investigate crimes, many civil rights groups argue increasing surveillance could limit personal freedoms and have led to lawsuits against mass surveillance programs.
The document summarizes key points from a proposed "Declaration of Internet Rights" by an Italian parliamentary commission. It discusses three main rights: net neutrality, which guarantees equal treatment of all data transmitted over the internet; platform interoperability, which guarantees users' ability to access their data across platforms; and digital impact assessments, which evaluate new internet regulations' effects. The document emphasizes designing "civic media" that bring people together to collaborate, not just connecting people who already agree. It argues internet governance needs rules respecting its universal nature while balancing economic and innovation concerns.
The document discusses issues around internet censorship including the controversies surrounding censorship and differing views on whether restricting certain materials benefits society or limits freedom of expression. It also outlines the mission of the Global Network Initiative to respect freedom of expression and privacy through frameworks to ensure accountability of internet and communication technology companies. The debate around internet censorship and what role, if any, governments should play in regulating online content remains ongoing.
This document provides an overview and analysis of the Digital Security Act 2018 in Bangladesh. It discusses the purpose of the act to address cybersecurity issues, the controversies around limitations to civil liberties, and an evaluation of the act's constitutionality and viability based on international guidelines. The document examines specific sections of the act that are controversial and violate constitutional rights. It provides recommendations to address these issues in both the short and long term through legislative amendments and capacity building.
The Pornography Act of 2012 was enacted by the Bangladesh parliament to protect deteriorating social, ethical, and moral values due to the spread of sexual content. The act defines pornography and establishes rules and punishments related to producing, distributing, or possessing pornographic materials. It allows for the investigation of related crimes and seizure of evidence. Punishments include imprisonment of up to 10 years and fines of up to 5 lakh taka depending on the offense. The act aims to curb the proliferation of pornography in Bangladesh and set an example through convictions under the new law.
Freedom of expression & censorship in thailandgcanavati
This document summarizes IFEC's findings on freedom of expression and censorship in Thailand. It notes that Thailand has harsh censorship laws that have led to accusations of human rights violations. After a 2006 coup, censorship increased, especially online, due to criticism of the king. New laws like the Computer Crime Act of 2007 and stricter enforcement of lèse-majesté further restricted expression. The document analyzes several cases where individuals received long prison sentences for insulting the royal family. It concludes by urging Thailand to reform its laws to comply with international standards and protect freedom of expression.
This document provides an overview of digital and cyber crimes investigations. It discusses open source intelligence (OSINT), federal and state laws related to digital evidence, examples of digital evidence in criminal cases, and questions for further discussion. The document emphasizes teamwork and knowing limitations in investigations. It cautions that the information provided is for general purposes only and not legal advice.
The document summarizes cyber crime laws in Pakistan. It outlines several key laws related to cyber crimes, electronic transactions, telecommunications, and electronic fund transfers. The primary law is the Prevention of Electronic Crimes Ordinance of 2007, which defines various cyber crimes and corresponding penalties. The laws aim to address online criminal activities and regulate electronic transactions, telecommunications systems, and payment systems in Pakistan.
This document discusses cybercrime laws in the Philippine and United States settings. In the Philippines, there are several types of cybercrimes outlined including illegal access, unauthorized interception of data, data interference, and system interference, each carrying penalties of imprisonment from 6 years to 12 years and fines. United States cybercrimes include online gambling, intellectual property theft, harassment, fraud, viruses/malware, denial of service attacks, and cyber terrorism. Cybercrimes within organizations can involve email abuse, spam, defamation, code theft, information leaks, personal data theft, unauthorized computer use, and porn/external attacks.
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
The document discusses political issues related to cybercrime prevention. It summarizes the Cybercrime Prevention Act of 2012 (RA#10175) which aims to prevent misuse and illegal access of computer systems and data. However, some claim the Act violates freedom of expression. The document then reviews what constitutes freedom of expression under the law and examines whether specific cybercrime offenses listed in the Act actually violate this right or harm others. It concludes the Act does not violate freedom of expression as the prohibited acts involve illegally accessing systems or harming others. The document also suggests the Act helps create an environment conducive to growth of information and communication industries in the country.
The Philippine Cybercrime Prevention Act of 2012Jim Ayson
The document is a draft bill for the Cybercrime Prevention Act of 2012 being considered by the Senate of the Philippines. It aims to define cybercrime offenses and provide for the prevention, investigation and punishment of such offenses. Some key points covered include defining terms related to computers, computer data and systems; classifying illegal access, interception and interference with computer systems and data as cybercrime offenses; and clarifying the role of service providers in relation to interception or monitoring of communications data.
The document summarizes the Cybercrime Prevention Act of 2012 in the Philippines, which aims to address legal issues concerning online interactions such as cybersex, child pornography, and identity theft. It defines key terms and outlines penalties for offenses related to illegal access, interception of data, and other cybercrimes. Specifically, it describes how cybersex dens operate in the Philippines, with financiers, website administrators, and local operators managing the recruitment and exploitation of workers, often through human trafficking. Prior to 2012, there were gaps in laws addressing cybersex dens and adult workers, though provisions on child pornography, trafficking, and prostitution applied.
Cyer crimes and cyber laws b.v.raghunandanSVS College
This document discusses cyber laws and cyber crimes. It defines cybercrime as offenses committed against individuals or groups using modern communication networks like the internet and mobile phones to intentionally harm the victim. A broader definition is provided that a cyber crime is any offense committed using computers, the internet or electronic devices where the technology is used as a tool or target. Various types of cybercrimes are outlined like financial crimes, data theft, copyright infringement and cyber terrorism. The techniques used include hacking, phishing and malware. Characteristics of cyber crimes are discussed along with perpetrators like individuals, groups, companies and governments. India's Information Technology Act of 2000 is summarized which established cyber laws and outlined various cyber offenses and penalties. The future agenda suggested educ
Cyber security and prevention in BangladeshRabita Rejwana
This document discusses cyber crime prevention and security in Bangladesh. It begins by defining cyberspace and some key characteristics, such as lack of geographical boundaries and digital footprints. It then defines cyber crimes and classifications like financial fraud, cyberterrorism, and computer hacking. The document outlines several laws in Bangladesh related to cyber security, including the Penal Code of 1860, Information and Communication Technology Act of 2006, Pornography Control Act of 2012, and Digital Security Act of 2018. It discusses adjudicating cyber crimes through a Cyber Tribunal and Cyber Appellate Tribunal. The conclusion emphasizes that prevention through awareness of laws is key to reducing cyber crimes.
The document outlines Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which defines and penalizes cybercrimes such as illegal access, cybersex, and libel. It establishes the Cybercrime Investigation and Coordinating Center to investigate cybercrimes and allows law enforcement to collect traffic data with a court order. The law was controversial due to introducing internet libel as an offense and was temporarily blocked by the Supreme Court.
The Computer Misuse Act was introduced in 1990 to address problems caused by hacking that were previously unregulated. There are three main offenses under the Act: 1) Unauthorized access to computer material, which includes accessing someone else's account without permission and carries up to 6 months in prison; 2) Unauthorized access with intent to commit a further crime, such as stealing information or money, carrying up to 5 years in prison; and 3) Unauthorized modification of computer material with intent to cause damage, including introducing viruses, also carrying up to 5 years in prison.
1. The document discusses issues around internet governance and filtering, noting that while the internet is a critical global resource, there are currently no enforceable international laws governing access.
2. It outlines some principles of internet governance inspired by international law, and examines how different countries justify internet filtering to uphold community standards or ensure national security.
3. The document concludes that while states have independent control over internet access within their borders, there are no meaningful external legal checks and the UN currently takes no stance on internet governance internationally.
The document discusses three IT act cases:
1) Kent RO Systems vs Amit Kotak eBay.in, where the court ruled eBay was not responsible for verifying information of all products listed, but directed eBay to remove links to fake products.
2) Section 66A of the IT Act, which punishes sending offensive or false messages through communication services with imprisonment up to 3 years.
3) Infosys vs Akhil Gupta, a 2005 domain name trademark issue case similar to Microsoft vs Deepak Raval in 2006.
This document discusses web censorship and public awareness in Japan. It outlines different perspectives on what censorship means, and notes moves toward increased internet regulation in Japan around content filtering and copyright legislation. While most public surveys show support for regulating "harmful content", opposition argues that censorship could stifle innovation and leave Japan behind economically. The document concludes that awareness and literacy are important aspects of the debate around internet censorship.
RECOMMENDATIONS AND LESSONS FROM OTHER JURISDICTIONS TO ENHANCE THE EFFECTIV...Vishni Ganepola
When compared with certain other jurisdictions, Sri Lankan legal framework on cyber-crimes is much effective. Yet, there is much potential for it to develop into a more effective legal framework. The chapter suggested certain measures that can be implemented to national level as well as in international level to provide for the irregularities that exist in system while giving examples from few main jurisdictions. Legal measures in order to identify existing and new offences, to provide interpretations for undefined yet commonly used terms and measures to implement lenient measures in relation to admissibility of computer evidence were suggested while social measures to increase public awareness and IT literacy and measures to provide required training expertise to investigators were also suggested. Base of ICT Law is technology. Therefore, answers to certain irregularities could also be found through technology. Thus, technical measures such as implementing national encryption policy and monitoring and surveillance system were recommended. Recommendations were proposed for the international community on how to enhance mutual legal assistance and on empowering international criminal justice system on cyber-crimes.
Computer and network surveillance involves monitoring computer activity, data stored on hard drives, and data transferred over networks like the Internet. This monitoring can be done covertly by governments, corporations, criminal groups, or individuals, and may or may not be legal depending on authorization. While surveillance allows authorities to maintain control and investigate crimes, many civil rights groups argue increasing surveillance could limit personal freedoms and have led to lawsuits against mass surveillance programs.
The document summarizes key points from a proposed "Declaration of Internet Rights" by an Italian parliamentary commission. It discusses three main rights: net neutrality, which guarantees equal treatment of all data transmitted over the internet; platform interoperability, which guarantees users' ability to access their data across platforms; and digital impact assessments, which evaluate new internet regulations' effects. The document emphasizes designing "civic media" that bring people together to collaborate, not just connecting people who already agree. It argues internet governance needs rules respecting its universal nature while balancing economic and innovation concerns.
The document discusses issues around internet censorship including the controversies surrounding censorship and differing views on whether restricting certain materials benefits society or limits freedom of expression. It also outlines the mission of the Global Network Initiative to respect freedom of expression and privacy through frameworks to ensure accountability of internet and communication technology companies. The debate around internet censorship and what role, if any, governments should play in regulating online content remains ongoing.
This document discusses legal and ethical considerations regarding internet regulation in Australia. It outlines how the Australian Communications and Media Authority (ACMA) currently regulates offensive online content by issuing takedown notices and maintaining a blacklist. There are debates around defining offensive content and whether existing offline laws can be applied online. The document also examines arguments for and against internet censorship in Australia, citing concerns from experts like Vint Cerf about the effectiveness of censorship and freedom of information.
In this modern era of technology, social media is becoming an important component of daily life and the majority of the youth today prefer to communicate their ideas, thoughts, and opinions through it. There are different social media platforms that allow users to access social news, blogs, vlogs, and others in an easy manner. Some of the social media networking sites used extensively include Instagram, Twitter, and Facebook.
The Promotion of Access to Information Act for South African JournalistsGabriella Razzano
The document provides an overview of access to information laws in South Africa, including the Promotion of Access to Information Act (PAIA) which gives effect to the constitutional right of access to information held by both public and private bodies. It discusses some challenges with implementation of the law as well as benefits, and outlines the process for requesting information including applicable fees and exemptions. The overall value of access to information for transparency and accountability is emphasized.
The document discusses human rights issues related to cyberspace and the internet. It covers the right to freedom of speech and expression online, the right to internet access, the right to privacy, and data protection laws in India. It also discusses some issues with law enforcement, including that existing laws may not keep up with the speed of the internet and resolving disputes can be difficult due to jurisdictional complexities.
This document summarizes a research paper on applying a human rights framework to online disinformation and political discourse. The paper examines how online campaign techniques like disinformation, exploiting social media algorithms, and microtargeting based on personal data are distorting democratic processes. It argues that international human rights law provides a framework to balance responses to these issues with protections for civil liberties. The paper analyzes how rights to privacy, expression, and participation in public affairs relate to state and platform regulation of online political content and personal data use. It recommends changes like ensuring user consent for data use, more transparency around content policies and targeting, and considering users' rights to privacy and autonomy in platform designs.
This document provides a critical analysis of Section 57 of Bangladesh's Information and Communication Technology Act of 2006. It begins with background on the Act and Section 57, which allows imprisonment of 7-14 years for publishing obscene or false information online that could influence people to become dishonest or corrupt or damage law and order or religious beliefs. The analysis argues this section violates freedom of expression rights and could be used to suppress opposing views. It says the punishments are too severe compared to other countries and the ability of police to make warrantless arrests increases risk of human rights violations. In conclusion, while regulation is needed, this Act may deny citizens' constitutional rights and clear criticism of the government.
Rule of law in cyberspace as a means and way to cybersecurityFOTIOS ZYGOULIS
The document discusses the rule of law in cyberspace and how human rights norms can be protected online. It argues that traditional rules and regulations do not fully apply to the internet given its decentralized and borderless nature. However, human rights like privacy and dignity must still be upheld for individuals engaging in cyberspace. This requires a precise regulatory framework and cooperation between various stakeholders, including governments, civil society organizations, and the private sector, to balance security, oversight, and protecting individual liberties online.
The document discusses several legal and ethical issues related to technology and the internet. It covers topics like privacy, intellectual property, free speech, taxation, computer crimes, consumer protection, and other legal issues. It also discusses frameworks for analyzing ethical issues, protecting privacy and intellectual property, debates around free speech and censorship, protecting children online, controlling spam, and computer crimes.
The document discusses key elements of whistleblower protection including definitions, reporting topics, and measures to protect whistleblowers. Nearly 75% of countries reviewed by the UN are recommended to strengthen protections. The UN Convention Against Corruption includes protections for witnesses and those who report corruption. There is no universal definition of whistleblowing, but most laws focus on reports of illegal, dangerous, or unethical acts from current or former employees. Anonymity, confidentiality, reporting channels, and the concept of "good faith" reporting are among the measures discussed.
New it rules (presented by abhinav pathak)Abhinav Pathak
The document summarizes new IT rules introduced by the Indian government for social media platforms, OTT platforms, and digital news media. Key points include:
- Rules distinguish between regular and "significant" social media platforms based on user thresholds and impose additional due diligence on the latter.
- All platforms must have robust grievance redressal, publish compliance reports, and remove unlawful content promptly.
- Significant social media and messaging platforms must enable tracing of original senders for certain messages.
- OTT and digital news platforms face new regulations around content labeling and publisher code of conducts.
- Experts have raised concerns around privacy, encryption, and lack of legislative backing for regulating news media.
This document discusses successes and failures of freedom of information laws from a global perspective. It finds that while FOI laws have increased government accountability in some countries by up to 20 years after enactment, responsiveness to information requests has remained mixed, with less than half of requests being fully successful. An ideal FOI law has broad coverage of information, narrow exemptions subject to public interest overrides, an independent implementing agency, timely responses, low costs, and penalties for noncompliance. Mexico is highlighted as having a relatively strong FOI law due to factors like its broad public interest test and capable independent oversight agency.
This document discusses freedom of information and data protection laws in Trinidad and Tobago. It outlines key principles such as the public's right to access government information, exemptions for sensitive documents, and the balancing of privacy rights with transparency. It also covers data protection laws, defining personal and sensitive personal information, privacy principles, and individuals' right to access their own information. The overall aim is to ensure privacy of individuals' data while maintaining appropriate access to information held by public authorities.
Internet Rights are Human Rights Case BookletRajat Kumar
The IRHR Curriculum is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, stakeholders with an interest in the issues and students, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work and lives.
The Supreme Court invalidated Section 66A of the IT Act 2000 finding it violated freedom of expression protections. The new IT Rules 2021 now regulate online content and require social media and streaming platforms to appoint grievance officers and publish compliance reports. However, several high courts have issued interim orders noting concerns that the new rules' broad content restrictions could violate constitutional freedoms. The courts will further examine whether the IT Rules 2021 overreach in regulating online speech.
The document provides an overview of cyber crime laws in Pakistan. It discusses the Electronic Transaction Ordinance of 2002, which was the first legislation to recognize electronic documentation and provide legal protections for online transactions. It also discusses the Electronic/Cyber Crime Bill of 2007 and the Prevention of Electronic Crimes Act of 2016, both of which expanded the scope of cyber crimes and penalties. The Prevention of Electronic Crimes Act established new cyber crime offenses and granted new investigative powers to law enforcement agencies.
Internet rights are the rights that individuals have using the Internet.
They are an extension of human rights in the online world.
These rights include freedom of expression, privacy, access to information, and non-discrimination.
This document summarizes key points from Chapter 5 of the book "A Gift of Fire" regarding freedom of speech in cyberspace. It discusses how different communication technologies are regulated, challenges to defining offensive speech online, and laws around censorship. It also covers issues like anonymity, spam, and ensuring a diversity of content on the internet.
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Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
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2. Why Cyber Crime Bill??
To Prevent unauthorized acts with respect to information systems and
provide for related offences as well as mechanisms for their investigation,
prosecution, trial and international cooperation with respect thereof and
for matters connected therewith.
3. Analysis Of Cyber Crime Bill
After Analysis of cyber crime bill, I have come to conclusion that this bill is
not meant to be implemented. And one of the reason is that the whole
opposition stands against this bill and is not taken in confidence while
passing this bill and also there are many ambiguities present in the bill.
4. Limitation To Freedom Of Speech
Section 34 States as:
The Authority shall have the power to remove or block directions for
removal or blocking of access to any information through system if it
considers it necessary.
Problems:
Freedom of Speech/Expression ? Totally ruined.
If Someone post something that doesn't suits the government policy or
something that agencies cant digest then it is illegal and you will be sued.
The Authority shall have the power to remove or block or issue directions
for removal or blocking of access to any information through any
information system if it considers it necessary
Suggestions:
Section 34 should be re considered, there must be room for freedom of
speech and proper handling of power if something is taken wrong. Direct
punishment without inspection is not worthy anyways.
5. Legitimate access to information
Section 39:
Section 39 will permit the Federal Government to extend cooperation to
foreign governments, agencies, and international organizations with
regards to collection, preservation and transference of 24 x 7 network
information and digital data of Pakistani citizens collected in forms of
audio, video, images, text, or any digital format without any permission
from the Court.
Problems:
No Privacy of Citizens Guaranteed.
You are not secure anymore. Cheers to that.
No one will Ask for your permission. Privacy Protection is dead for good.
Suggestions:
The government should look after citizens privacy and in any case they
permission or order from court must be taken.
6. Rights to privacy for public Section
34 (2) &(3)
Section 34 (2) and (3) give the Government broad powers to use
technology, such as deep packet inspection, to monitor online content in
breach of international standards on freedom of expression and privacy.
Problems:
Government have full control over what you do and what you watch.
Again User’s Privacy is sacrificed.
Suggestions:
Section 34 should be rejected in its entirety.
7. Misuse of authority
There is a need to curb growing cybercrimes, but at the same time, there is
also a crucial need to check the misuse of this law against innocent people.
Problems:
Agency don’t care if they found evidence from your sight even if it wasn't
you.
Suggestions:
Social media users must be protected along with the electronic data and
there should be an effective and transparent mechanism to tackle the
misuse of powers by the investigator
8. “Usage of vague and complex words”
Sections 14, 15, 16, 17, 22, 23, 27, 28,
29, 30, 31, 32, 33, and 45”
Mention Above sections have vague, ambiguous and broad scope
which have been drafted loosely leaving too much room for
interpretation and provide for broad punitive measures.
Problems:
In a country where the rule of law is as such compromised such
legislations will pave the way for rights’ abuse.
The complex and ambiguous language would also create great
difficulties for the common person using the Internet as there is an
uncertainty of what acts would constitute an offence
Suggestions:
Redraft the Bill using clear and explicit language, and avoid subjective
terms
9. Anonymity and Encryption Section 13
& 16
Mentioned Sections violated the right of commenting on political, religious
and social issues that may be controversial, persons need the comfort of
anonymity and encryption.
Problems:
Individual have no knowledge what comes under the terms right and
wrong.
denying access to encryption, data and sources.
Suggestions:
There must be some room provided for Whistle-blowers , human rights
defenders, and journalists to speak.
10. Very strict and harsh punishments
Section 3,4,5,6,7,8,9
According to the Cyber Crime Bill 2016, illegal access to data is punishable
by three months prison term and 50,000 fine
unauthorized access to sensitive infrastructure, information system or data
can get an accused to be jailed for five years and fined up to Rs
five million.
Suggestions:
Plenty's are too high and need to be re considered.