Internetipiraatluse rahvusvahelise reguleerimise kitsaskohad

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Are Internet Regulation and Freedom of Speech at odds? : : How can the Balkanization of the Internet Affect Users' Freedoms on the Internet?

In democratic regimes and democratic policymaking, freedom of expression and unrestricted exchange of information are fundamental parts that help maintain the checks and balances of the whole system. The internet is meant to be a free, global platform where constructive ideas would contribute to human development from all around the globe that would increase democratization and individual freedoms. Yet, the dawn of the new millennium began to reveal some harmful effects of this technology in the hands of uninformed or malicious users. In order to adopt a safe and fair use of digital technologies in everyday life, certain changes are needed to ensure the security and reliability of the internet platforms. This way, states tend to respond to new challenges with new regulatory mechanisms. Nevertheless, such issues and rising control mechanisms also trigger concerns regarding the free flow of information and ideas on a globally accessible internet. The challenge is the difficulty of dealing with international legal problems efficiently and accurately over the internet. The apparent dominance of major digital platforms on the internet and the emergence of new concerns such as misinformation, disinformation, fake news, and political extremism, necessitate the establishment of some safety measures through regulations and legislation. Nonetheless, it is not the users' rights that need to be compromised and curbed in order to establish a secure platform. This paper aims to investigate the malevolent use of social media platforms, regulatory aspects of speech on digital platforms, and the positive and negative effects of the potential regulations on the exercise of fundamental human rights such as the freedom of speech and the free exchange of information from various aspects

Beyond the Reach of States: The Dormant Commerce Clause, Extraterritorial State Regulation, and the Concerns of Federalism

The Commerce Clause of the United States Constitution provides that “[t]he Congress shall have Power ... [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Interpreting this explicit grant of power to Congress, the Supreme Court has long recognized the existence of an implied limitation on the power of a state to legislate in areas of interstate commerce when Congress has remained silent. Under what is referred to as the negative or “dormant” Commerce Clause, the federal courts have thus scrutinized state legislation for well over one hundred years. In the past several decades, countless articles and numerous concurring and dissenting opinions have addressed the issues involved with the use of the Commerce Clause to strike down state legislation. Like many of those materials, this Comment generally disagrees with an expansive use of the Commerce Clause as a vehicle to invalidate state legislation. Unfortunately, the abundance of criticism of the United States Supreme Court\u27s current approach to restraining state legislation has yielded no solution to the mounting problems faced by state legislatures, law students, counselors, and those on the bench in discerning any sense of modern dormant Commerce Clause jurisprudence. In fact, the courts have recently struck out at state legislation to a greater degree by adding the extraterritoriality principle to the dormant Commerce Clause analysis. Under this principle, a variety of state regulations dealing with waste disposal, college athletics, price affirmation, tender offers, and the Internet have been invalidated on the grounds that the regulations had effects beyond the borders of the enacting state. The rationale for the decisions of the federal courts in this regard is not clear. The objectives of this Comment are not only to argue in favor of separating the extraterritoriality principle from the dormant Commerce Clause, but also to strike a delicate balance between ensuring that states act within their respective spheres and allowing them the opportunity to respond to pressing social problems with innovative legislative initiatives. Most importantly, however, this Comment seeks to shed light on the extraterritoriality principle in order to achieve not only a greater level of understanding, but also more predictable decisions. Difficult as the task may be, it is imperative that the extraterritoriality principle be clarified, for, as one commentator has expressed, “clarity is a virtue that cannot be valued too much in constitutional law.

IT Laws in the Era of Cloud-Computing

This book documents the findings and recommendations of research into the question of how IT laws should develop on the understanding that today’s information and communication technology is shaped by cloud computing, which lies at the foundations of contemporary and future IT as its most widespread enabler. In particular, this study develops on both a comparative and an interdisciplinary axis, i.e. comparatively by examining EU and US law, and on an interdisciplinary level by dealing with law and IT. Focusing on the study of data protection and privacy in cloud environments, the book examines three main challenges on the road towards more efficient cloud computing regulation: -understanding the reasons behind the development of diverging legal structures and schools of thought on IT law -ensuring privacy and security in digital clouds -converging regulatory approaches to digital clouds in the hope of more harmonised IT laws in the future

The Implementation of the Gats and its impact upon tourism development.

The research is aimed to examine the implementation of the GATS and its impact upon tourism development, particularly in Korea. The GATS (General Agreement on Trade in Services) agreement has been implemented in order to liberalise World Trade in services. In this respect, the research examines the performance of GATT to see how successful GATT has been in securing and fostering world trade in manufacturing industry and then moves on to examine the implementation of GATS and, by drawing upon findings from other trading agreements (such as the NAFTA and EU) estimate the likely impacts that such agreements will have on tourism services and the manner in which they are delivered. The GATS agreement is a long-term undertaking in which major trading countries are likely to become members. GATS sets up a legal and operational framework for the liberalisation of international trade in tourism as well as other services. The principle of GATS is the liberalisation of exchange of services and it is adapted from the GATT (General Agreement on Tariff and Trade). The GATS has been established as part of the multilateral trade negotiations and introduced new rules for services to complete overhaul of the GATT trade system. The rapid growth of tourism is the product of liberalisation which has been the hallmark of economic policy throughout the world, during the past decade. The UNCTAD report (1999) states that both globalisation and liberalisation have increased the potential for international trade in goods and services to become an unprecedented engine of growth and an important mechanism for integrating countries into the global economy. However, the GATS has many implications for tourism, particularly for tourism policymakers since it covers many different areas and sectors in tourism. Unlike other services, tourism is not a specific type of service, but a mixture of different services consumed by tourists. Therefore, it is essential to understand the rules and the principles of GATS as applied to tourism sectors in international trade. The overall aims of the study are: 1. To examine the factors that influence world trade in goods and services. 2. To examine the influences that GATS is likely to have on the scope and magnitude of world trade in services. 3. To determine how GATS impacts on tourism development in developing countries and act as a catalyst to enhance the development of developing countries. 4. To examine what are the likely effects. of GATS upon tourism development and delivery in Korea. Since one of the research objectives is to examine what is the likely effect of GATS upon tourism development and delivery in Korea, the case study was a useful technique. In particular, the case study seemed an appropriate strategy to answer the research question because the research area is relatively new. Therefore, descriptive research design was adopted for this particular study. Moreover, the research adopted an explanatory research design, in order to investigate relationships by giving answers to problems and hypotheses. Through explanatory research, this study seeks to explore aspects of tourism development as a result of liberalisation and globalisation in Korea. In particular, this study investigates specified areas such as: how will GATS help future tourism development in Korea? Why are there different perceptions of GATS between the private and public sector? How do government policies and regulations affect future tourism development? by using interviews and questionnaires. For this study, the semi-structured interviews were used and questionnaires were designed to gather information about the impacts of GATS on tourism development in Korea before conducting the survey, but it failed to obtain the necessary information. It is hoped that these findings enhance an understanding of the role of international trade in services particularly tourism industry, which may assist national and international tourism policy makers to consider the complexities and difficulties of understanding the rules of multilateral trade agreements (such as GATS) not only to develop tourism but also to develop other service sectors, especially in developing countries

Internet Human Rights

The rate at which Internet connectivity is spreading is matched only by the increasing amount of time people spend online. Today over 5 billion humans access the Internet; the overwhelming majority of them engage in social media, and almost all of them live out key aspects of their daily lives digitally. Human rights are universal in the sense that they apply to everyone, everywhere. And while there are indicators that they apply in cyberspace, how they apply is a different story. Now, as the Universal Declaration of Human Rights (UDHR) turns 75, we wonder how many of those rights accompany us into our digital lives. This article develops a matrix mapping how human rights, which were developed for the physical world, might apply in the digital world. Using the 30 articles (rights) enumerated in the UDHR as a foil, the broad outline of a clearer picture emerges. Some governments or courts mandate certain rights to fully manifest in digital space, others are making progress, and still others remain static. Moreover, these rights can be enforced via either state regulation or corporate terms of service. Designed as the first tool of its kind for attorneys, judges, policymakers, and advocates to chart which rights are accompanying us onto and into the Internet, this guide will be a foundational starting point for a much broader discussion to come

Networks, complexity and internet regulation: scale-free law

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(Main)streaming Hate: Analyzing White Supremacist Content and Framing Devices on YouTube

The emboldening of white supremacist groups, as well as their increased mainstream presence in online circles, necessitates the creation of studies that dissect their tactics and rhetoric, while offering platform-specific insights. This study seeks to address these needs by analyzing white supremacist content and framing devices on the video hosting website, YouTube. Data were collected through a multi-stage sampling technique, designed to capture a \u27snapshot\u27 of white supremacist content on the platform during a 45-day period in 2019. After line-by-line coding and qualitative thematic analysis, results showed that sampled channels varied between different levels of color-blindness and overt racialization in their framing. Furthermore, channels containing more color-blind approaches yielded higher subscriber counts than their counterparts. What this indicates is that sampled channels use framing to both activate racial threat and minimize race, attempting to reproduce racism while avoiding coming off as racist in the color-blind, mainstream political climate. Secondary findings also show how sampled channels (a) rhetorically bridge the gap between fascism, nationalism, hegemonic gender roles, and mainstream conservative thought; (b) reconcile the idea of political action within a perilous and conspiratorial worldview; (c) leverage interactive, visual media to engage, manage, and collect funding from their audiences. This study is unique because it unpacks the discursive intricacies of white supremacist messaging, while showing the processes by which a racist society is reproduced in the cosmopolitan, digital hub that is YouTube. It sets precedent and opens doors for future inquiry into how social media platforms are used as tools to mainstream white supremacist ideas