The Conflict Between Free Access to Information and the use of Filtering Techniques in Light of the Yahoo Case

The exponential growth and explosion of Information on the Internet has given rise to several questions of socio-economic, political and legal nature, especially as regard to the issue of free access to information and possible limitations to this free use. Since the Internet is a global operating network exceeding therefore national territories, the problem of universal jurisdiction rises. The introduction of filtering techniques has been introduced to deal with this problem. However the use of filtering techniques poses several problems as well and can clearly have a chilling effect on free speech as well.Zadanie pt. „Digitalizacja i udostępnienie w Cyfrowym Repozytorium Uniwersytetu Łódzkiego kolekcji czasopism naukowych wydawanych przez Uniwersytet Łódzki” nr 885/P-DUN/2014 zostało dofinansowane ze środków MNiSW w ramach działalności upowszechniającej nauk

Government mandated blocking of foreign Web content

Blocking of foreign Web content by Internet access providers has been a hot topic for the last 18 months in Germany. Since fall 2001 the state of North-Rhine-Westphalia very actively tries to mandate such blocking. This paper will take a technical view on the problems imposed by the blocking orders and blocking content at access or network provider level in general. It will also give some empirical data on the effects of the blocking orders to help in the legal assessment of the orders.Comment: Preprint, revised 30.6.200

Filtering, Piracy Surveillance and Disobedience

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players have opted in favor of “tolerated use,” a term coined by Professor Tim Wu to denote the allowance of uses that may be otherwise infringing, but that are allowed to exist for public use and enjoyment. Thus, while the eventual specter of copyright enforcement and monitoring remains a pervasive digital reality, the market may fuel a broad degree of consumer freedom through the toleration or taxation of certain kinds of activities. This Article is meant largely to address and to evaluate these shifts by drawing attention to the unique confluence of these two important moments: the growth of tolerated uses, coupled with an increasing trend towards more passive forms of piracy surveillance in light of the balance between copyright enforcement and civil liberties. The content industries may draw upon a broad definition of disobedience in their campaigns to educate the public about copyright law, but the market’s allowance of DRM-free content suggests an altogether different definition. The divide in turn between copyright enforcement and civil liberties results in a perfect storm of uncertainty, suggesting the development of an even further division between the role of the law and the role of the marketplace in copyright enforcement and innovation, respectively

Lex Informatica: The Formulation of Information Policy Rules through Technology

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of rules for information flows imposed by technology and communication networks form a “Lex Informatica” that policymakers must understand, consciously recognize, and encourage

Automatic Taxonomy Generation - A Use-Case in the Legal Domain

A key challenge in the legal domain is the adaptation and representation of the legal knowledge expressed through texts, in order for legal practitioners and researchers to access this information easier and faster to help with compliance related issues. One way to approach this goal is in the form of a taxonomy of legal concepts. While this task usually requires a manual construction of terms and their relations by domain experts, this paper describes a methodology to automatically generate a taxonomy of legal noun concepts. We apply and compare two approaches on a corpus consisting of statutory instruments for UK, Wales, Scotland and Northern Ireland laws.Comment: 9 page