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Beland, Christopher D. (Christopher David) 1978. "Digital technology and copyright law." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/16818.
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Thesis (S.B.)--Massachusetts Institute of Technology, Program in Science, Technology, and Society, 2002.Includes bibliographical references (p. 88-108).
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Intellectual Property is an ideology of the late Twentieth Century which reserves property-like rights in information, so that creators may extract its economic value. Current American copyright law draws mainly from this concept; it has been constructed through history by negotiation between various established economic interests. Information Freedom is a competing ideology which has been successful in the software community. It emphasizes the dangers of over-propertization and the benefits of freely accessible resources, especially non-depletable information resources. Compromise must be reached in a practical (non-ideological) fashion in order to achieve the social goals of: production of creative content (encouraged by fair but not excessive compensation for creators); promotion of scientific, political, technical, artistic, cultural, and economic progress by removing obstacles to accessing content and taking advantage of innovations which change the status quo; protection of creative freedom; and ensuring quality and diversity in the content which is created. Civil disobedience as a means to achieve these goals may be counterproductive if it results in tighter technological restrictions on content availability or stricter legal mechanisms; legal reforms proposed by Lawrence Lessig and Jessica Litman are unlikely to be enacted. Internet-based technologies have strong potential to increase exposure to diversity, decrease costs, and improve the subjective experience for music consumers. Cheaper film-making equipment may have similar positive effects for motion pictures to a lesser degree. Internet bandwidth and other practical limitations suggest that immediate changes in video distribution and consumption patterns are more likely to be driven by the availability of Digital Video Recorders, or perhaps competing Video On Demand services. Different economic models which fund content creation may be appropriate for different applications, and may in some cases further social goals better than strong propertization. Alternative models include voluntary contributions (either from creators or consumers); indirect benefit by establishing reputation, selling related services, cross-promotion, or selling advertising; and public funding. The history of telecommunication, including the telegraph, radio, television, and the Internet, provides evidence that important uses for new technology may not be initially obvious, that the maturation of digital information technology and related economic models is just beginning.
by Christopher D. Beland.
S.B.
2
Ahlgren, Erik. "Does EU copyright law threaten digital freedom?" Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324451.
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Englezos, Elizabeth. "#Hyperconnected: Law and the digital influence over individual identity." Thesis, Griffith University, 2022. http://hdl.handle.net/10072/421224.
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This thesis considers how our modern hyperconnected lives affect the development of individual identity. An important component of the following analysis evaluates the law’s role – if any – in the mediation of this digital influence: Should the law intervene? And if so, how?
The research presented begins by assessing the current legal protections for individual data and privacy, and the shortfalls of those protections. As such, the research begins with a consideration of the European Union’s General Data Protection Regulation (‘GDPR’). The GDPR has introduced some novel protections that include extraterritorial applicability. The GDPR therefore represents global best practice in the area of law and the digital space making it especially relevant to any critique of the law, its efficacy, and its potential to effect change both in the digital space and in relation to the digital influences over individual identity.
Unfortunately, many of the novel protections provided by the GDPR are undermined or even nullified by the individual’s consent to the terms and conditions that govern most agreements relevant to the digital space. The next section of this thesis, therefore,
examines the doctrine of legal consent and how consent is used to sidestep legal protections that would otherwise prevent data access and misuse. This examination of consent exposes fundamental flaws in the way consent occurs in the digital space and
demonstrates why traditional legal consent is not fit-for-purpose when applied to digital and online interactions.
One of the more challenging aspects of this analysis related to the lack of language or terminology which could accurately capture and explain the mechanisms of digital influence. This thesis therefore introduces a theory of digital influence referred to as
‘digital translation’. This theory illustrates not only how digital influence occurs, but also the inherent assumptions underlying this process and the role of digitality. This theory also accounts for the way in which decisions are made in the digital space and applied to a digital version of the person to produce outcomes in the real or material world.
Algorithms or automated decision-making systems play a fundamental role in this process. The theory of digital translation as presented in this thesis therefore depicts how algorithms directly affect individual outcomes and identity, and precisely identifies the points at which this influence occurs. Other important concepts introduced are the ‘data entity’, the ‘digital translation’ and the ‘digital proxy’. Digital translation also explains how the digital proxy acts as a ‘stand in’ for the real person and is assumed to be accurate or ‘real’ despite being incomplete and context dependent.
Algorithms are, therefore, a central theme of this research as they are used to define and describe the person, or to simplify a process or question so that it can be reduced to a set of data-based variables. This thesis demonstrates how algorithmic interventions undermine individual autonomy by denying the individual essential opportunities to selfdefine, to change one’s mind, and limiting the individual’s options or opportunities. The automation of these decision-making processes further affects personal autonomy by denying the individual any opportunity to correct erroneous assumptions or misconceptions about them, their personality, or their attributes. ‘Automation bias’ allows assumptions of accuracy to justify the denial of human review or oversight.
When algorithms are combined with automation bias, there is little chance for individual recourse except in instances of system-wide failures. Centrelink’s online compliance intervention (OCI) is a prominent example of a system-wide failure and is presented in Chapter 4. Centrelink’s OCI sought to audit and identify those defrauding the system, but due to a design flaw suspended the payments of a large proportion of welfare recipients and threatened many with legal action.
Chapter 5 directly addresses legal capacity and autonomy as a central tenet of the law and its application. This chapter’s research demonstrates how algorithms and the digital space undermine personal autonomy. This chapter proposes three essential elements of personal autonomy and describes how they are undermined by the digital space. This denial of autonomy also raises questions of the quality of accountability and responsibility, and whether legal personhood is threatened by the digital space.
Chapter 6 then considers the threat of algorithms and automation bias when used to determine matters of freedom and personal liberty. This chapter evaluates the algorithm known as the Risk Assessment Tool which was used to inform the allocation of policing resources in the state of New South Wales. The research demonstrates that deployment of algorithms in these instances can also have a marked effect on the individual’s social identity by inducing perceptions of criminality with the subject’s community, in addition to feelings of persecution, isolation, or worthlessness.
Social identity and core personal beliefs are also informed and shaped by our social networks. Chapter 7 therefore considers the impact of social media algorithm recommendations that prioritise some friends over others. By determining which friendships flourish and which friendships fade, social media recommendations affect social and personal identity by not only changing how the individual sees themselves, but also their beliefs, their self-narratives, and their understanding of the world around them.
This thesis concludes by examining how the law can protect the individual against these forms of digital influence. It suggests a new legal approach that focuses on the outcomes produced from data and digital decision-making processes instead of traditional approaches that centre on data or privacy alone. The research also advocates for a regulatory approach which blends self-regulation and external oversight in a way similar to those introduced by the GDPR.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Karman, Reinhold Eva. "Analoga skivkontrakt i en digital miljö." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142923.
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Scharf, Nicholas Friedrich. "Digital copyright law : exploring the changing interface between copyright and regulation in the digital environment." Thesis, University of East Anglia, 2013. https://ueaeprints.uea.ac.uk/43164/.
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This thesis seeks to address and clarify the changing interface between copyright law and other forms of regulation in the digital environment, in the context of recorded music. This is in order to explain the problems that rightsholders have had in tackling the issue of unauthorised copyright infringement facilitated by digital technologies. Copyright law is inextricably bound-up with technological developments, but the ‘convergence’ of content into a single digital form was perceived as problematic by rightsholders and was deemed to warrant increased regulation through law. However, the problem is that the reliance on copyright law in the digital environment ignores the other regulatory influences in operation. The use of copyright law in a ‘preventative’ sense also ignores the fact that other regulatory factors may positively encourage users to behave, and consume in ways that may not be directly governed by copyright. The issues digital technologies have posed for rightsholders in the music industry are not addressed, or even potentially addressable directly through law, because the regulatory picture is complex. The work of Lawrence Lessig, in relation to his regulatory ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which govern user behaviour and consumption. By combining his work with that of other scholars in the field, a bespoke ‘Lessigan’ framework is formulated to address and analyse those other regulatory factors in conjunction with actions undertaken by rightsholders to secure their copyrights in the digital age. The thesis will analyse the effect such reliance on copyright law may have on these regulatory influences, and the creative potential of the digital environment.
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Akester, Patricia. "International copyright and the challenges of digital technology." Thesis, Queen Mary, University of London, 2002. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1389.
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Digital technology is challenging traditional copyright principles. Despite suggestions from a number of commentators that copyright cannot survive the challenge, this thesis aims to demonstrate that copyright can evolve and adapt rather than face elimination. This hypothesis is tested and illustrated by means of an examination of law in conjunction with technology, and by means of concrete examples. Analysis of the author's position in the face of digital technology requires firstly, an investigation of the way in which the existence and exercise of the author's copyright itself is affected by such technology, and secondly, an examination of how the author's standing in relation to dissemination of works generally is concerned (e.g. as regards freedom of speech). It is with the first of these aspects that this thesis is mainly concerned, although, for the sake of a more comprehensive view, some considerations on the second aspect are also advanced. This thesis examines challenges raised in the copyright field by digital technology and the consequential problems in relation to classification of subject matter, identification of authors, fixation and reproduction, the criterion of originality, the meaning of publication, recognition of moral rights, recognition of economic rights, exceptions and limitations, liability of service providers, authenticity of works, infringement, feasibility of enforcement and conflict of laws. Broader issues relating to Government and private control of access to the new media are also analysed. The analysis is focused on copyright subsistence as well as infringement. Furthermore, both the legal and the technological aspects are considered (with the aid of a comprehensive glossary of technological terms). The approach is one of law and technology in equal measure. In the context of these problems there follows a critical examination and comparison of the main national systems, the main international instruments, and the main regional instruments. This systematic survey seeks to encapsulate the work of learned authors in a concise manner, leading to certain proposals. The approach is one of criticism and selection of feasible and practical solutions. Nearly all elements of the proposed solutions exist already, albeit in a fragmented way. These solutions are based on law and on technology, and are formulated to apply in both the analogue and digital worlds. The thesis concludes that for an effective solution of the problems raised by digital technology, an international standard for copyright protection must be adopted, one apposite for the digital world. The thesis puts forward detailed suggestions towards the adoption of an International Digital Copyright Protection System, in the form of definitional, obligational, conflict of laws and technological proposals, whose common denominator is the will to find new answers for the digital challenges. The definitional proposals will clarify conceptual questions arising from the digital revolution. The obligational proposals will regulate the issue of exemptions from liability and duties of Internet service providers. The conflict of laws proposals will address the problems arising in connection with jurisdiction and applicable law on the Internet. The technological proposals will give practical effect to the system by focusing on deterrence and tracing of copyright infringement.
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Mathini, Moses Wanjukia. "Enforceability of digital copyright on the darknet?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28031.
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This dissertation seeks to comparatively analyse different emerging jurisprudence of pioneering jurisdictions on the operability of enforcing digital copyright in light of the growing use of the Darknet. It addresses the legal lacuna in the existing copyright laws with regards to enforcement against the illegal distribution of infringing copies of online digital content. It also seeks to illustrate how the concept of digital copyright protection has been compromised by the inoperability of enforcement laws on illegal distribution via the Darknet. It thereby advocates for a 'digital use' exemption and or free access as a recommendation. Although the advancement of technology created new and advanced forms of distribution or availing copyrighted works to the public, these new advanced channels of distribution have been compromised by rogue online clandestine file sharing networks. Digital copyright protection laws have been advanced so as to respond to illegal online file sharing, however, they have had limited impact due to the vast, flexible and unregulated nature of the internet which transcends the territorial nature of any single state's copyright laws. Currently, online file sharing is effected through peer to peer networks due to their operational convenience. This dissertation suggests that the need to control distribution, legally or technological, is driven by the urge to enable digital copyright owners to benefit financially from their works and get a return on their investment. Technologically, this has been effected through the adoption of Digital Rights Management (DRMs) measures that control access to these works through the use of paywalls on commercial websites that require online consumers to pay/ subscribe first before they gain access to the copyrighted works. (eg Netflix, Showmax, itunes e.t.c) However, since absolute control over one's digital works, online, is impossible, the success of these access-control mechanisms remains debatable and remain vulnerable to technologically sophisticated users who could easily circumvent them and make the protected works available to millions of other users in Darknets. This, in effect, creates a parallel and free market for digital content. Darknets have grown as the new preferred channel of distribution due to their unique features which have rendered any judicial or legislative threat of sanctions, merely academic and detached from practical application. The Darknet essentially provides for user privacy, in anonymity, and security from monitoring and detection. These two primary features have exacerbated online piracy as various Darknets ISPs have now developed more user-friendly Darknet versions for the average mainstream user. This dissertation will highlight how the digital creative industry faces an existential threat with the growing use of Darknets. Darknets have created a virtual environment where illegal digital content distribution continues with impunity, since the burden of the enforceability of copyright rests squarely on the individual copyright holder and the pursuit of liability only begins upon detection of any such infringement of copyright. In effect, copyright owners, most often than not, lack the technological expertise to monitor and detect and thereby cannot enforce their copyright. As such, this dissertation postulates that the legal/ technological effort to maintain any form of monopoly over digital content online is an unattainable objective. As a solution, to end both online piracy and safeguarding the financial interests of copyright owners, a change in the approach to digital copyright is needed. This will be achieved through creating a 'digital use' exemption and or free access. Rather than copyright owners trying to control access, they should provide free access and profit on alternative revenue business models. Free access to digital content will do away with the need of online users to pirate and also save copyright owners the effort and resource to keep monitoring the virtual world for infringement. It will also counter-react to the Darknet's parallel market since users will have free access to digital content from the official distribution websites. This dissertation will interrogate the viability of this option.
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Costache, George Daniel. "Rethinking traditional source concepts in a digital economy." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-383617.
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The purpose of this thesis is to provide meaningful understanding of the current state of business activities, which generates the need for implementing new taxing measures, analyse the challenges arising from this need, as well as their cause. Furthermore, the aforementioned challenges will be explained in the context of existing traditional taxing systems and proposed measures will be analysed. After reading this thesis, the goal is for the reader to be able to understand current trends and to gain an idea of how states might try to harmonize their taxing systems in order to meet the requirements set out by the rapid digitalization of companies.
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Wrensch, Jesse-Lee James. "The Status of Digital Rights Management in South African Law." University of the Western Cape, 2017. http://hdl.handle.net/11394/6087.
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Magister Legum - LLM (Mercantile and Labour Law)It is justifiable for the holder of copyright to be entitled to its protection and to be granted the exclusive right to profit from their innovation, and this is the basis for the development of laws promoting intellectual property rights. Accordingly, the principle of allowing for copyright protection is more than justifiable. Modern copyright is traditionally defined as the right that a creator has in their literary or artistic works. These types of works include computer programmes, films, books and music. Modern copyright protection finds its origins in the Berne Convention of 1886 which provided authors with a standardised means to control how their works are used, by whom they are used and on what terms they can be used. All countries who are signatories to the Berne Convention, like South Africa, are required to provide its Copyright holders with a minimum degree of protection.
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Eloff, Helene. "South Africa's media defamation law in a constitutional, digital age." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77400.
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The rights to freedom of expression and dignity do not discriminate and apply equally to all South Africans. There was a time when the ability to impart information on a large scale belonged to a tiny percentage of society. Prior to the 1990s the media were South Africa’s gatekeepers of information in the public interest.
Today, regular South Africans who are not affiliated with the media have information publication and distribution abilities that exceed that of traditional media sources such as newspapers and magazines.
The ability to damage reputations on a large scale was previously unique to the media. Today, any person can ruin another’s reputation with the click of a button.
Although media members and regular persons are equally able to defame, the law still distinguishes between media defendants and non-media defendants in defamation cases based largely on the powerful position and exclusive abilities the media once held.
The differentiation affects liability in terms of the presumptions of wrongfulness and fault that arise where defamation occurred.
In order to disprove the presumption of wrongfulness where defamation occurred, media defendants may use the exclusive defence of ‘reasonable publication.’ By proving that they had acted reasonably in publishing the defamatory content, media members can evade liability.
In order to be held at fault for defaming, media members need only have been negligent, whereas intention is required on the part of non-media defendants.
The law of defamation balances the rights to freedom of expression and human dignity in a way that must be constitutionally justifiable.Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted
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Doonan, Andrew Francis. "The development, evaluation and implementation of true digital control." Thesis, Durham University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361882.
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Saxby, Stephen John. "Regulation of the market in digital information." Thesis, University of Southampton, 1996. https://eprints.soton.ac.uk/192875/.
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This Thesis examines the current public policy and regulatory options likely to influence the future development of the information market. The context is the successful delivery, by digital technology, of the Internet - the precursor to a future broadband network, more popularly known as the `information superhighway'. This advance, which feeds on convergence of the information and communication technologies, will enable text, sound and image to be manipulated, exploited and communicated in digital format across a number of delivery platforms. It has introduced a new phase of intensive policy analysis among administrations intended to lead to the development of national or regional information infrastructure plans, designed ultimately to produce a global framework. A central focus of policy examined by the Thesis is what form the regulatory environment should take to encourage synergy between the public and private sectors in respect of their contributions to the plan. Throughout the work the approaches of the United Kingdom, the European Union and the United States are compared. The core of the Thesis is four papers, located in Chapters 1-4, which have either been published or accepted for publication in 1995/96. The first three will appear in the International Journal of Law and Information Technology (Oxford University Press) and the fourth in the 1995 International Yearbook of Law, Computers & Technology (Carfax). Chapter 1, `A Jurisprudence for Information Technology Law' considers the legal response to `digitization' and what the future holds. Chapter 2, `Public Sector Policy and the Information Superhighway' develops one of the themes from Chapter 1 and considers the public policy dilemmas posed by the information superhighway. Chapter 3, `Public Information Access Policy in the Digital Network Environment assesses the arguments for reform of EU access policy, its implications for the UK and the contribution it will make to the information market. Chapter 4, `A UK National Information Policy for the Electronic Age' reviews the progress of the UK in developing an integrated information policy for the information society. Chapter 5 contains a Conclusion. The author believes the Thesis to be the first sustained public policy analysis of the subject since the digital network first began to enter the public domain in 1993.
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McCusker, James P. "WebSig| A digital signature framework for the web." Thesis, Rensselaer Polytechnic Institute, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3727015.
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WebSig is a digital signature scheme for the web that uses Resource Description Framework (RDF) graphs to express its documents, document metadata, and signature data in a way that leverages existing trustable digital signature schemes to create signatures on computable documents that are trustable and minimally repudiable. WebSig is a proof of concept that shows that a digital signature scheme for RDF can be trustable across any possible representation of an RDF document and minimize the opportunities for repudiation of those signatures. We demonstrate this by showing how digital signature scheme that are attributable, verifiable, linkable, revisable, and portable, are also computable and trustable digital signature schemes. We also introduce evaluation criteria for those five qualities and demonstrate how WebSig provides all five. WebSig supports the verifiable signing of any RDF graph through the use of another contribution, the Functional Requirements for Information Resources (FRIR) information identity framework. FRIR is a provenance-driven identity framework that can provide interrelated identities for RDF graphs and other information resources. The RDF Graph Digest Algorithm 1 (RGDA1), a third contribution, provides an algorithm that can create platform-independent, cryptographically secure, reproducible identifiers for all RDF graphs. FRIR and the RGDA1 both supply the means to securely identify the signed document and any supporting RDF graphs, and are essential to supplying all five qualities needed to provide computable and trustable signatures. WebSig builds off of existing technologies and vocabularies from the domains of cryptography, computer security, semantic web services, semantic publishing, library science, and provenance.
This dissertation’s contributions will be presented as follows: 1) Sufficiency proof that attributable, verifiable, portable, linkable, revisable digital signature schemes are trustable, computable, and minimally repudiable; 2) Functional Requirements for Information Resources (FRIR), a provenance-enabled, trustable, computable identity framework for information resources; 3) experimental evidence that RDF Graph Digest Algorithm 1 (RGDA1) provides reproducible identifiers for all RDF graphs in average case polynomial time; and 4) WebSig, a framework that lets users create legally-binding electronic documents that are both trustable and computable.
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Mehari, Robel. "Taxation of Significant Digital Presence : an evaluative study on draft EU proposal to tax significant digital presence in context of EU primary Law." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384613.
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Kadikov, Artem. "International taxation of cross-border digital commerce." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:ea6c6f2e-c65f-4fa5-945a-22eb71e12667.
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This thesis discusses jurisdiction to tax cross-border digital commerce. The primary objective is to consider the reasons for the erosion of jurisdictional links, or nexus, between countries and taxpayers' digital activities and evaluate possible solutions for addressing such nexus erosion. Whilst it is argued that digital commerce is impossible to ring-fence due to digital technologies transcending all industries, the main focus of this research is on automated business models as case studies for the broader tax issues applicable across the entire digital economy. Using cloud computing, online advertising and e-tailing models as examples of digital commerce in the narrow sense, this thesis demonstrates that the proxies for establishing jurisdictional nexus have become increasingly fluid, thereby challenging the traditional international tax regimes for profits and consumption taxation. Numerous policy solutions have been proposed in order to rectify nexus erosion, including global and territorial tax models. Unlike the previous research in this area, this thesis focuses on the nexus elements of such proposals and assesses their viability in the light of the wider Internet governance jurisprudence. Global tax solutions, such as global e-commerce taxes and formulary apportionment, are analysed in the context of the international governance regime for the technical Internet infrastructure. Territorial virtual tax solutions, such as virtual permanent establishments, withholding taxes and destination cash flow taxes, are considered in the light of the Internet jurisprudence on the 'effects' and 'targeting' nexus standards. It is argued that, given the lack of technical and political infrastructure, none of the proposed routes would be viable from a practical perspective in the near future. It is concluded, therefore, that a practical solution would involve retaining the traditional profits and consumption tax models, whilst testing a narrow version of the digital targeting nexus standard as a backstop anti-abuse measure. It is envisaged that the limited anti-avoidance provision would subsequently pave the way for a comprehensive long-term solution, as digitisation continues to transform global commerce.
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Ibarrondo, Cruz Daniel. "Descriptive Study on Digital Content Copyright Ownership." Thesis, Pepperdine University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10747405.
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The purpose of this dissertation was to study perceptions of faculty and administrators at institutions of higher education on copyright ownership of faculty-created digital course content. The central question for this study was: Who had copyright ownership rights of faculty-created digital content and in what manner was copyright ownership developed, implemented, and asserted at institutions of higher education. The five research questions were: (a) How were copyright ownership policies of faculty-created digital content developed and implemented at institutions of higher education?; (b) How were faculty involved in the development of copyright ownership agreements?; (c) What institutional policy and contractual documents contained specific language on copyright ownership rights of faculty-created digital content?; (d) How were institutional assertions of copyright ownership of faculty-created digital content allocated and managed?; (e) How were copyright ownership issues of faculty-created digital content resolved? A descriptive study approach was used to study administrator and faculty perceptions on copyright ownership at five institution types within the State of Texas and the Commonwealth of Puerto Rico. A total of 100 random faculty and administrator participants were sent the online survey link via e-mail. The online survey included closed-ended and open-ended questions. Descriptive statistics were used to analyze the results from the closed-ended and open- ended questions. In summary, the findings showed that within the participating respondent groups: (a) Most faculty were not involved in the development of copyright ownership policies; (b) Institutions asserted copyright ownership through some institutional document/policy and not through contractual agreements; and, (c) Copyright ownership issues did not arise between the institution and faculty. With the portability of digital content, and the need to utilize and develop said content within the university setting, more faculty and administrators should be aware of, and be involved in copyright ownership policies. The field of study of copyright ownership in accordance to faculty and administrator digitally created content was limited, and more studies should be conducted with a larger population.
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Kariyawasam, Rohan. "International economic law and the digital divide : a new silk road?" Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2683.
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The failure of the trade negotiations at Seattle, and the collapse of the negotiations at Doha have bought increased attention to the issue of development, aid, and the implementation of special and differential rights in favour of developing countries. This thesis looks to examine one aspect of the many issues facing developed and developing countries in the negotiations that lie ahead, specifically how international economic law can be used in the application of technological processes to help address the Digital Divide. At present, there is an emphasis on development and the needs of developing countries, and that such development needs to be sustainable. Research reviewed in Chapter 2 indicates that growing information technology levels leads to growth of GDP. Importantly the use of ICT‘s will foster growth in the trade of electronic goods and services (electronic intangibles). By making positive attempts to reduce the Digital Divide, DCs and LDCs will be in a better position to access the necessary ICTs required to help grow GDP and facilitate sustainable development. The thesis sets out various measures to help reduce the digital divide and founded in international economic law. Central to the thesis is a new Layering Theory that the Author argues will assist operators (both incumbents and Independent Service Providers) in the developing world to gain access to international backbone Internet networks at cost price, one of the main impediments to reducing the international digital divide. The Layering Theory sets out a procedure for accurately identifying the relevant market for providers of Next Generation Networks (NGNs) and services so that those operators who abuse their dominance by refusing to supply an interconnection service or access to a digital network can be compelled to interconnect their networks to those smaller domestic or third country Internet Service Providers (ISP) operators who require access. By gaining access/interconnection in this way, operators in DCs and LDCs will be in a much better position to take advantage of cheaper production costs to export electronic intangibles overseas. Also, the thesis sets out recommendations for reform of international telecommunications, new provisions on technology transfer to help DCs and LDCs access the ICTs needed to address the Digital Divide, including provisions on technology transfer found in the increasing take-up of bilateral and regional trade agreements—and if there is to be free trade in e-commerce—recommendations for reform of current WTO rules on the classification of electronic goods and services. However, the thesis also argues that the digital divide cannot be addressed without strengthening the human capital base in developing and least developed countries, and that this cannot happen without such states also giving greater effect to the enforcement of civil and political, and economic, social and cultural rights ―at home‖. The thesis asks whether it is possible to define a relationship in IEL between civil and political, and economic social and cultural rights as a collective for example in the form of the much debated and somewhat controversial Right to Development (the ―RTD‖ as defined in this thesis) on the one hand, with economic indicators, such Gross Domestic Product (GDP) and Foreign Direct Investment (FDI) on the other? And if so, how the RTD can be operationalised.
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Jütte, Bernd Justin [Verfasser]. "Reconstructing European Copyright Law for the Digital Single Market : Between Old Paradigms and Digital Challenges / Bernd Justin Jütte." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1160478767/34.
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Moller, Kerry. "The Right to Digital Privacy: Advancing the Jeffersonian Vision of Adaptive Change." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/936.
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The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current law, the digital age has diminished the right to privacy in our electronic communications data.
This work explores the statutory and constitutional law protecting our right to privacy, as well as the inadequacies that have developed with the digital revolution. With commonplace use of third parties to facilitate electronic communication, our courts and lawmakers must amend current laws and doctrines to protect the privacy of communications in the digital age. To provide clarity and appropriate data privacy protections, the following clarifications and amendments should be made to the third party doctrine and the Stored Communications Act (SCA): 1) third party doctrine should only apply to context data, 2) content data should be protected by the Fourth Amendment, 3) the SCA should eliminate the distinction between Remote Computing Services (RCS) data and Electronic Communication Services (ECS) data, and 4) the SCA should require warrants for all content data acquisition.
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Monye, Ogochukwu Fidelia. "Rethinking the legal and institutional framework for digital financial inclusion in Nigeria." Doctoral thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33857.
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About 1.7 billion people globally and 36.8 per cent of Nigerians have no access to financial services due to reasons such as distance, financial illiteracy, irregular income, unemployment and account ineligibility. Justifications for the research include the scale of financial exclusion, the proven capacity of financial inclusion to lift people out of poverty, the need for tailored regulatory policies and the opportunity to harness the value and ubiquity of digital financial services (DFS) for the financially excluded. This research examines the broad question: how suitable are the enabling laws and institutions for digital financial services in Nigeria for addressing the needs of the financially excluded? In considering this broad question, the reasons as to why many Nigerians remain financially excluded, in spite of the abundance of regulatory initiatives, are addressed. Using a combination of doctrinal and empirical methods, the burden of accessing financial services is highlighted, strategies for financial inclusion are considered and options for suitable legal and institutional frameworks are explored. In summary, financial inclusion is broadly discussed in chapter one, while a law and development theoretical and analytical framework is constructed in chapter two. Chapter three examines the legal and institutional framework for financial inclusion in Nigeria while the barriers to financial access are discussed in chapter four. The empirical component of the research is analysed in chapter five, and chapter six considers the impact and prospects of eight new and emerging technologies on financial inclusion. The thesis concludes with recommendations and conclusions in chapter seven. Research results indicate that the path to financial inclusion in Nigeria is characterised by a myriad of laws, slow DFS adoption rates, a bank-centred regulatory model and a wide disparity in the pattern of inclusion across gender and geographical locations. Transaction costs remain high and cash is still king. Recommendations such as adopting a more consumer-centred approach to regulation, permitting alternative providers for on-boarding and adapting laws and regulatory policies tailored to the needs of the excluded are made. Additionally, it is recommended that increased financial literacy and transactional capacity are needed to harness digital financial services. It is expected that the findings of this research will inform regulatory changes that will enable a methodical migration of more of the financially excluded class into the formal finance sector.
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Strasser, Sarah Elizabeth. "Digital technologies and law : linking and framing on the World Wide Web." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.289020.
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Sukkaryeh, Ghufran. "Impact of copyright law in museums and galleries in the digital age." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6400.
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The thesis explores the growing impact of copyright in art museums and galleries in the digital environment. Copyright has a great significance in these institutions but it has not received adequate academic consideration. The aim of this thesis is to examine the role of copyright and underline the foremost copyright challenges to museums and galleries in order to find out the appropriate approach to deal with them. The main argument is that copyright challenges museums and galleries to the extent it could disturb the survival of their mission in the digital domain. It argues that copyright provides insufficient protection to museums and galleries when they are copyright owners of digital and contemporary artistic works in particular. Also, it argues that copyright restricts the capacity of using artistic works by museums and galleries as cultural institutions and therefore it obstructs their activities and mission. Further, it argues that uncertain and deficient copyright policy and management practices represent impediment to the continuity and progress of museums and galleries in the digital era. To this effect, the thesis takes analytical approach and considers the legal primary and secondary resources of relevant laws, cases, academic commentary and journal articles. The legal framework is focused on copyright law of the United Kingdom as stated in the Copyright, Designs and Patents Act 1988 and its amendments. Furthermore, the thesis incorporates a review of an empirical study about the impact of copyright in museums and galleries and which is undertaken for this research purposes. The thesis concludes that it is necessary to deal with the specified copyright challenges in a way that maintains and promotes the mission of museums and galleries and facilitates a broader public access to their collections in the digital environment. In order to achieve this, it is recommended that some copyright law reform is needed concerning in particular copyright protection of artistic works and copyright exceptions available to museums and galleries for specific purposes such as preservation, research, and education. Also, it is proposed that museums and galleries require enhanced understanding of copyright law, more awareness, careful consideration and efficient management of copyright.
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Harris, Jennifer Maria. "Homelessness and the everyday experience of the law : digital encounters and negotiations." Thesis, University of Bristol, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.730834.
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Zheng, Peng. "Issues and Evolution of the Chinese Copyright Law facing Digital Environment in a Comparative Law Perspective (US and EU)." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10018/document.
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En Chine, la protection du droit d’auteur dans l’environnement numérique est un problème au niveau international et national. Pourquoi le droit d’auteur ne peut-il pas être protégé correctement ? Quels sont les droits et les outils mis à la disposition des auteurs ? Sous la pression de la rétorsion commerciale des États-Unis, la Chine a ratifié la Convention de Berne en 1992. Le premier droit d’auteur en Chine et les deux révisions avaient principalement pour but de se conformer à la Convention de Berne. Autrement dit, le droit d’auteur chinois est artificiel. Il ne représente pas la réconciliation de conflits d'intérêts différents. Les actions de la mise en œuvre du droit d’auteur en environnement numérique ont été entreprises par les autorités chinoises. Elles pourraient être très efficaces. Des sites Internet illégaux sont contrôlés et le contenu qui atteint au droit d’auteur est supprimé. Néanmoins, les actions pourraient être excessives. L’environnement numérique a non seulement augmenté la capacité individuelle de la reproduction et la transmission des œuvres, mais a aussi changé la façon dont les œuvres peuvent être créées. Comment protéger les droits d’auteur existants, d’un côté, et stimuler la créativité individuelle des internautes, d’un autre côté ?Chinese copyright protection in the digital environment has been a problem at both international and national level. Why Chinese copyright could not be properly protected?What rights and enforcement tools the copyright holders have? Under the pressure of the US trade retaliation, China ratified the Berne Convention in 1992. The first Chinese Copyright Law and the later two revisions were mainly for the purpose of complying with the Berne Convention. In other words, the Chinese Copyright Law is artificial. It is not the reconciliation of the conflicts of different interests. Copyright enforcement actions have been undertaken by the Chinese copyright authorities in the digital environment. They could be very efficient. Major pirating websites are seized and enormous infringing contents are taken down. However, the actions could also be excessive. The digital environment not only boosted the individual capacity of the reproduction and transmission of works, but also changed the way of how works could be created. How to protect the existing copyright on the one hand, to simulate the individual user’s creativity, on the other?
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Perez, Tiffany A. "The elephant in the virtual law classroom." Universität Leipzig, 2021. https://ul.qucosa.de/id/qucosa%3A74488.
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Due to the Covid-19 pandemic, law schools had to pivot to virtual legal education
quickly. In the wake of the pandemic, scholars have eagerly written about the dos
and don’ts of the virtual law classroom. Although some articles have represented
the law students’ perspective and some have represented the law professor’s
perspective, none have done both in an attempt to create empathy and bridge the
gap between what students’ desire, and what law professors are currently
providing, and what good virtual legal education requires. As such, based on several
interviews with law professors and students, this Article begins by describing one
online Contracts class first from the professor’s point of view and then from the
student’s point of view. The professor and students’ different perceptions of the
same class are then analogized to John Godfrey Saxe’s poem The Blind Men and
the Elephant. Then, using the Kübler-Ross Grief Cycle as a vehicle to build
empathy and understanding, this article attempts to demonstrate the similarities
that exists between students and professors’ feelings about online virtual
education, namely that both professors and students alike are avidly grieving a
common loss: in-person, Socratic law school days of old. As such, they are both
experiencing denial and anger about their situations. In keeping with one of the key
strategies recommended by the Mayo Clinic for overcoming denial in grief, this
article “journals” their realities and provides both the student and professor perspective in the hopes that, by doing so, it will rid the misconceptions and bridge
the way for a new type of virtual legal education to be created—one that meets
(and/or exceeds) both professors’ and students’ expectations.
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Drzewińska, Agata. "Digital exhaustion in European Union." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385620.
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The plea of applying the exhaustion doctrine to intangible copies of copyrighted artistic works has been extensively discussed within scholar circles. Although, the debate substantially concerns provisions of the international treaties and the explanation of the exhaustion doctrine under European Union copyright law, the subject brings more uncertainties. Under the European Union copyright law the distribution right is exhausted after the first sale with the consent of a right holder. However, there is neither explicit regulation nor decision in regard to the exhaustion doctrine to the online resale of digital goods. As the act of distribution is shifting and fulfilled through digital means these days, the application of the first sale doctrine is challenged. The given work provides with the legal, organizational and technological analysis of the exhaustion doctrine under European Union copyright law and possible scenarios in respect to digital secondary market.
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Wiputhanupong, Chongnang. "Copyright for the digital era : are we aiming at individuals?" Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/33611/.
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Individual persons are the most influential players in the online digital environment. Regarding their internet activities, these individual players could perform their role as either the original creator, the user, or the subsequent creator of the online digital works. When they are performing different roles, they are protected under different fundamental rights. For example, when online user borrows an online original works of the original creator to create online derivative works, two fundamental rights which are relevant are ‘copyright’ and ‘the right to freedom of expression’. The thesis focus on the rights of these online individual players in these two important aspects: copyright and the right to freedom of expression. Based on the inexplicable conflict between both rights, this thesis fundamentally argues that it is not as what was previously claimed that ‘copyright is the engine of free expression’. On the other hand, it is the other way around that ‘free expression is an engine of copyright’. This is following the logic of the deductive argument based on the evidence that ‘free expression is an engine of creative expression’ and ‘creative expression is an engine of copyright’. The argument above thus supports the importance of creativity in the copyright regime. It is thus certified that under the fundamental concept of copyright there lies a strong concept of system that protects and encourages the prosperity of human’s creativity under the term of authorship. Therefore, the protection of copyright in the digital era should not be directed away from this very fundamental concept. In terms of making online derivative works, this thesis therefore proposed that an exception of copyright infringement should be allowed for unauthorised user in so far as it encourages the prosperity of human’s creativity and does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, as certified under Article 9 of the Berne Convention. For this purpose, the thesis finally proposed that it is possible under the fundamental concept of copyright and the internet technology to create a distinction between the act of making adaptation and making publication of the online digital derivative works. This is, at least, to allow unauthorised making adaptation of the online digital works for prosperity of individual’s creativity, without re-publishing of those derivative works online.
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Samartzi, Vasiliki. "Digital rights management and the rights of end-users." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.
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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.
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Sylwan, Hedvig. "Tipping Markets : An analysis of the Commission's proposal for a Digital Markets Act." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444195.
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The particular characteristics and practices of digital platforms have given rise to the phenomenon of “tipping”, where one platform provider takes the whole market. There has been a growing concern among competition law regulators and enforcers that the traditional ex-post antitrust instruments cannot remedy the distortion of competition it causes in digital markets. In December 2020, the Commission published a proposal for a Digital Markets Act which aims to combat weak contestability and unfair practices in platform markets. The proposal includes a list of ex-ante rules, a merger information requirement and a market investigation tool that gives the Commission greater flexibility in designating the rules. The research questions of this thesis concern the challenges of addressing tipping digital markets with existing competition rules and how the Digital Markets Act will address them. In answering the first question, it reviews the underlying factors leading to high market concentration and entry barriers, the implications of tipping markets for consumer welfare and innovation, as well as high-profile cases such as Microsoft, Google Shopping and Facebook/Whatsapp. The thesis finds that although monopoly-akin market structures may not always be detrimental to the objectives of competition law, the entrenched incumbent positions of companies such as Google, Apple, Facebook, Amazon and Microsoft are often a cause for anti-competitive concerns. Furthermore, the ex-post character of article 102 TFEU makes it ineffective to target tipping markets, and the merger rules are not adjusted to the dynamic and uncertain digital economy. The examination of the Digital Market Act has been limited to the sub-set of provisions applicable to firms that do not yet enjoy an entrenched and durable market position. The findings of this review are that the proposal can improve competition as it prevents the platforms from locking their users into their digital ecosystems. The thesis also recognises that the requirements of data-sharing, compulsory IP licences and prohibition of Most Favoured Nation clauses pose a risk of freeriding, which could negatively impact platform innovation. However, it concludes that the anticipated increase of overall innovation and competition in the digital economy should outweigh these risks.
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Hadzovic, Inda. "European Value Added Tax and Digital Economy : Does the new legal framework make EU VAT system truly fit for the digital economy?" Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384781.
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Perpétuo, Rodrigo. "DIGITAL EXHAUSTION IN THE EUROPEAN UNION." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353717.
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In the past, copyrighted works were distributed exclusively through physical means, while copyright law developed to bestow copyright holder a privilege to decide when and under what circumstances a work should be put into circulation. The first sale doctrine, however, limited that ability in so far as, once a product is sold, copyright owners can no longer control the flow of that particular product, benefiting consumers and society in several ways. Today, as distribution is increasingly shifting into digital, the application of the first sale doctrine is challenged. This work provides for an analysis of the first sale doctrine under EU law and the ECJ case law in matters of digital exhaustion. It is shown that many of the benefits of first sale stem from traditional understandings of what means to own a physical copy and when it comes to the digital environment, the first sale doctrine seems to be undermined, and so do its benefits. It is argued that there is still some room for exhaustion, despite the lack of clarity of the wording of the InfoSoc Directive and Software Directive and the absence from the ECJ to provide for a final interpretation. Further to the analysis, it is shown that the promotion of a right to access and a right to transfer digital copies is still possible, even though they may not be the right answer to the issue of exhaustion in a digital economy by virtue of how market has developed and consumers response to it.
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Ariyarathna, Tibbotuge L. "The Use of Streaming to Access Digital Content in Australia and Challenges to Copyright Law: An End-User Perspective." Thesis, Griffith University, 2020. http://hdl.handle.net/10072/397645.
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The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because the use of streaming to access digital content rarely falls within the defences specified under fair dealing. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it not clear whether technological protection measures apply to geoblocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.
This thesis examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It argues that continuous attempts to adapt traditional copyright principles into streaming, a novel technological advancement, are futile. This thesis compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. Although it is difficult to reach copyright equilibrium by counterpoising copyright owners’ interests with copyright users’ interests, this thesis argues that deploying an appropriate balance is pivotal to expand end-user rights. This analysis of the current copyright law regime, from the end-user standpoint in respect to novel technologies such as streaming, opens up new terrain for future research, on how copyright law should address new technologies to benefit society.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Dept Account,Finance & Econ
Griffith Business School
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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.
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Hammarsten, Jonatan. "Digital valuta - Valuta i skatterättslig mening?" Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-145323.
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Menke, Fabiano. "Die elektronische Signatur im deutschen und brasilianischen Recht : eine rechtsvergleichende Studie /." Baden-Baden : Nomos, 2009. http://d-nb.info/996210776/04.
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Popejoy, Amy Lynnette. "Digital and multimedia forensics justified| An appraisal on professional policy and legislation." Thesis, University of Colorado at Denver, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1598313.
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Recent progress in professional policy and legislation at the federal level in the field of forensic science constructs a transformation of new outcomes for future experts. An exploratory and descriptive qualitative methodology was used to critique and examine Digital and Multimedia Science (DMS) as a justified forensic discipline. Chapter I summarizes Recommendations 1, 2, and 10 of the National Academy of Sciences (NAS) Report 2009 regarding disparities and challenges facing the forensic science community. Chapter I also delivers the overall foundation and framework of this thesis, specifically how it relates to DMS. Chapter II expands on Recommendation 1: “The Promotion and Development of Forensic Science,” and focuses chronologically on professional policy and legislative advances through 2014. Chapter III addresses Recommendation 2: “The Standardization of Terminology in Reporting and Testimony,” and the issues of legal language and terminology, model laboratory reports, and expert testimony concerning DMS case law. Chapter IV analyzes Recommendation 10: “Insufficient Education and Training,” identifying legal awareness for the digital and multimedia examiner to understand the role of the expert witness, the attorney, the judge and the admission of forensic science evidence in litigation in our criminal justice system. Finally, Chapter V studies three DME specific laboratories at the Texas state, county, and city level, concentrating on current practice and procedure.
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Cervantes, Milagros. "Success factors and challenges in digital forensics for law enforcement : A Systematic Literature Review." Thesis, Högskolan i Skövde, Institutionen för informationsteknologi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:his:diva-20154.
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Context: The widespread use of communication and digital technology in the society has affected the number of devices requiring analysis in criminal investigations. Additionally, the increase of storage volume, the diversity of digital devices, and the use of cloud environment introduce more complexities to the digital forensic domain. Objective: This work aims to supply a taxonomy of the main challenges and success factors faced in the digital forensic domain in law enforcement. Method: The chosen method for this research is a systematic literature review of studies with topics related to success factors and challenges in digital forensics for law enforcement. The candidate studies were 1,428 peer-reviewed scientific articles published between 2015 and 2021. Those studies were retrieved from five digital databases following a systematic process. From those candidate studies, twenty were selected as primary studies due to their relevance to the topic. After backward searching, eight other studies were also included in the group of primary studies. A total of twentyeight primary studies were analyzed by applying thematic coding. Furthermore, a survey of digital forensic practitioners from the Swedish Police was held to triangulate the results achieved with the systematic literature review.
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Latter, Gareth Paul. "Copyright law in the digital environment: DRM systems, anti-circumvention, legislation and user rights." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003196.
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This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.
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Lin, Chienting. "Examining technology usability and acceptance in digital government: A case study in law enforcement." Diss., The University of Arizona, 2004. http://hdl.handle.net/10150/280521.
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Increasingly, government agencies are facing the challenge of effective implementation of information technologies that are critical to their digital government programs and initiatives. This dissertation reports two user-centric evaluation studies of COPLINK, a criminal knowledge management system that supports and enhances law enforcement officers' crime-fighting activities. Specifically, these aforementioned evaluations concentrated on system usability and user acceptance in a law enforcement setting. The chapters of this dissertation describe the study design, highlight the analysis results, and discuss their implications for digital government research and practices. Overall, the models used in this study showed a reasonably good fit with officers' usability and acceptance assessments and exhibited satisfactory explanatory power. The analysis also showed that individuals included in the current study exhibited important characteristics common to individual professionals. Compared to end-users and knowledge workers in business settings, law enforcement officers appear to be pragmatic in their technology acceptance assessments, concentrating more on the usefulness of a technology than on its ease of use. Participating officers also attached limited weight to the suggestions or opinions of significant referents. Findings from this study should provide valuable insights to digital government systems evaluation and, at the same time, shed light on how government agencies can design management interventions to foster technology acceptance and use.
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Harvey, Caitlin Megan. "Digital trade and development: A way forward for Africa at a continental and multilateral level." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31438.
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This paper argues that digital trade can benefit developing countries and result in substantial financial gains. The regulation thereof has been at the forefront of negotiations at the multilateral level and within regions of Africa. While developing economies do not typically reap the benefits of digital progression, this paper proposes that digital trade can be developed in such a way so as to prioritise the developmental considerations of Africa specifically. Through observing the progress of the WTO platform for digital trade, namely the Work Programme on Electronic Commerce, it is seen that the multilateral regulation of digital trade is a complex task. Developing country participation at this level is essential to the sustainable development of digital trade. Within Africa, there have been notable advancements in the regulation of digital trade, evidenced by the establishment of COMESA’s Digital FTA. The considerations for the advancement of digital trade for a developing continent are numerous as not only do the traditional barriers to trade still remain a primary concern but there is also the potential threat of furthering the existing digital divide that persists between the developing and the developed world. Therefore, the paper proposes that should Africa consider developing digital trade through AfCFTA (the African Continental Free Trade Agreement) digital trade in services should be prioritised ahead of digital trade in goods. This would help overcome Africa’s trade facilitation and development challenges and advance Africa’s position in the multilateral trading system.
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Kimbrough, Julie L. "21ST CENTURY PRESERVATION CHALLENGES FOR LAW LIBRARIES." Thesis, School of Information and Library Science, 2004. http://hdl.handle.net/1901/34.
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This study examines the preservation practices of academic law libraries and argues that the survey results illustrate the growing gap between current preservation practices and new technology. The introduction to the study discusses challenges for libraries and cultural institutions in the digital age. In the second section, the paper analyzes U.S. copyright law and the effect of recent amendments on library preservation activities. The third section reports the results of a preservation practices survey. In the fourth section, the paper explores options for future law library preservation including institutional repositories and collaborative preservation efforts. The paper concludes that a new approach to scholarship and preservation is necessary to ensure that future generations have access to historically important legal literature.
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De, Bruyn Christoffel Wilhelmus. "A comparative analysis of the projects undertaken in the development of a taxation framework in the digital economy." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20795.
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The objective of this comparative paper is to analyse and compare the work undertaken by the OECD's TFDE and the DTC on the taxation of the digital economy in light of the overarching project on BEPS, with a view of analysing the possible application of the proposed options to address the tax challenges of the digital economy in the South African taxation framework.
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Brandt, Johan, and Oscar Wärnling. "Addressing the Digital Forensic Challenges Within Modern Law Enforcement : A study of digital forensics and organizational buying behavior from a DF-company perspective." Thesis, KTH, Skolan för industriell teknik och management (ITM), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-279595.
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Today’s law enforcement agencies are presented with challenges regarding how to navigate the rapidly changing technical landscape. The proliferation of digital devices in society has presented opportunities for modern criminals, resulting in substantial changes in criminal behavior. Digital devices have, thus, become a crucial piece of evidence within forensic investigation processes, which has caused the field of digital forensics to emerge as a central part of modern law enforcement. However, law enforcement is experiencing substantial challenges in regard to handling the complexity of modern digital devices, as well as the data quantities that these devices imply. While digital forensics literature commonly discusses the challenges that law enforcement agencies are facing, it fails to address the role and responsibilities that the digital forensic companies have in ensuring that law enforcement agencies possess the necessary means to counteract criminal activity. Therefore, this study aims to investigate how the companies that supply the tools that law enforcement depends on, can help the agencies to overcome these challenges. Although the need for digital forensics is at an all time high, the consensus among practitioners is that they lack the necessary means to adequately handle digital evidence. Moreover, it is identified that lack of organizational understanding is impeding law enforcement from prioritizing allocation of capital towards digital forensics. Thus, this study also assesses how digital forensic companies can adapt their marketing approaches based on the purchasing behavior of law enforcement, in order to efficiently communicate the need within the customer organizations and ensure that law enforcement agencies possess the necessary means to counteract modern criminality. In order to investigate this area of research and address the identified problems, ii the study is set up as a case study in collaboration with a European digital forensic company. The study includes several internal interviews with company representatives, as well as a large amount of external interviews with digital forensic experts from different European law enforcement agencies. The empirical evidence is assessed against renowned literature within digital forensics and organizational buying behavior to acquire a comprehensive understanding of the problems and help answer the proposed research questions. The study concludes that the main challenges that law enforcement is facing in regard to digital forensics originate from a lack of organizational understanding. This results in insufficient resources being allocated towards digital forensics. In turn, this limits law enforcement’s ability to properly educate their staff and purchase the necessary tools to effectively handle the complexity and quantity of evidence that modern digital forensics implies. To address this, digital forensic companies are required to adapt their business models to the resource limitations of their customers by offering more flexible training solutions and tailor the tools based on specific user needs. Moreover, it is determined that companies should be involved in pursuing law enforcement management to improve the organizational understanding regarding the importance of digital forensics. The study also identifies that the organizational structure of law enforcement agencies highly impact their purchasing behavior. Depending on the degree of law enforcement centralization, the buying center structure varies. For centralized organizations the scale of the buying center is generally larger and the same applies for its purchases. The individual members of the buying center have minor influence over the decision making process, instead the decisions are a consequence of collective decision making by different departments. In contrast, decentralized organizations make smaller purchases through smaller buying centers. The individual members within the decentralized buying center have far more influence over the buying behaviour in comparison to the members of a centralized organization’s buying center. Therefore, digital forensic companies need to employ different marketing strategies to anchor their products within different law enforcement organizations. It is established that companies should aspire to identify the buying centers of potential and existing customer organizations, to improve efficiency of marketing efforts. Mapping out organizational and authoritative structure is, thus, concluded to be crucial in order to successfully capitalize on the purchasing behavior of different law enforcement organizations. To enable digital forensic companies to practically apply these suggestions within the context of their marketing strategies, applicable models based on theory and empirics are proposed.Dagens brottsbekämpande myndigheter står inför en stor mängd utmaningar när det kommer till att navigera i det snabbföränderliga tekniska landskapet. Spridningen av digitala enheter i samhället har presenterat möjligheter för kriminella, vilket har resulterat i väsentliga förändringar i kriminellt beteende. Digitala enheter har därför blivit viktiga som bevis inom moderna forensiska utredningsprocesser, vilket har lett till att digital forensik har blivit en central del av modern brottsutredning. Brottsutredande myndigheter upplever dock betydande utmaningar när det kommer till att hantera komplexiteten hos moderna digitala enheter, samt den mängd data som dessa enheter medför. Litteratur om digital forensik tar frekvent upp utmaningarna som brottsbekämpande myndigheter står inför. Däremot tar litteraturen inte upp rollen och ansvaret som digital forensik-företagen har i att säkra att brottsutredande myndigheter har de nödvändiga verktygen för att bekämpa brottslighet. Därför är syftet med studien att undersöka hur företagen som förser brottsutredande myndigheter med verktyg, kan hjälpa till att lösa dessa problem. Trots att behovet av digital forensik är rekordhögt, är konsensusen bland utövare att de saknar de nödvändiga medlen för att hantera digitalt bevismaterial. Dessutom identifieras det att organisatorisk förståelse hindrar brottsutredande myndigheter från att prioritera allokering av kapital för digital forensik. Därmed undersöker denna studie också hur digital forensik-företag kan anpassa sina marknadsföringsstrategier baserat på brottsutredande myndigheters inköpsbeteende, för att effektivt kunna kommunicera behovet inom kundorganisationerna och försäkra att brottsutredande myndigheter innehar de nödvändiga medlen för att kunna bekämpa kriminalitet. För att undersöka detta forskningsområde och hantera de identifierade problemen, är studien strukturerad som en fallstudie i samarbete med ett Europeiskt digital forensik-företag. Studien inkluderar ett mindre antal interna intervjuer iv med företagsrepresentanter, samt ett flertal externa intervjuer med digital forensikexperter från olika brottsutredande myndigheter i Europa. Det empiriska underlaget analyseras med hjälp av erkänd litteratur inom digital forensik samt ramverk inom organisationellt köpbeteende för att få en omfattande förståelse för problemen och kunna besvara de föreslagna forskningsfrågorna. Studien drar slutsatsen att de mest omfattande utmaningarna som brottsutredande myndigheter står inför när det gäller digital kriminalteknik, grundas i brist på organisatorisk förståelse. Detta resulterar i att de resurser som allokeras till digital brottsbekämpning är otillräckliga. I sin tur begränsar detta brottsutredande myndigheters möjligheter att i tillräcklig utsträckning utbilda personal samt anskaffa de nödvändiga verktygen för att effektivt hantera komplexiteten och beviskvantiteten som dagens digitala brottsbekämpning innebär. För att hantera detta krävs att digital forensik-företag anpassar sina affärsmodeller efter kundernas resursbegränsningar genom att erbjuda mer flexibla utbildningslösningar och verktyg som är skräddarsydda utifrån specifika användarbehov. Dessutom fastställs det att företagen bör vara involverade i att övertyga brottsutredande myndigheter på ledningsnivå om digital brottsbekämpnings betydelse och relevans. Studien identifierar också organisatorisk struktur inom brottsutredande myndigheter som en faktor som har stor inverkan på inköpsbeteende. Beroende på graden av centralisering, så kommer “buying center”-strukturen att förändras. För centraliserade organisationer är både skalan av buying centret och inköpen stora. De individuella medlemmarna av buying centret har lite inflytande över beslutsprocessen, istället så är besluten en konsekvens av kollektiva beslut fattade av flertalet avdelningar. I kontrast till centraliserade organisationer så gör decentraliserade organisationer mindre inköp genom mindre buying centers. De individuella medlemmarna inom decentraliserade buying centers har betydligt mer inflytande över köpbeteendet i jämförelse med medlemmarna i en centraliserad organisations buying center. Därför behöver digital forensikföretag adoptera olika marknadsföringsstrategier för att lyckas nå ut och förankra produkterna inom brottutredingsorganisationer. Det fastställs att företag borde sträva efter att identifiera potentiella och befintliga kunders så kallade buying centers för att effektivisera marknadsföringsinsatserna. Kartläggning av organisatoriska och auktoritära strukturer är därför nödvändigt för att framgångsrikt kapitalisera på rättsutredande organisationers inköpsbeteenden. För att göra det möjligt för digital forensik-företag att praktiskt tillämpa dessa förslag på deras marknadsföringsstrategier, har applicerbara modeller baserade på teori och empiri föreslagits.
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Stenudd, Sebastian, and Anton Uppström. "Verksamheten bakom digital innovation : En flerfallsstudie av digitalt mogna företag baserad på konceptet verksamhetsmodell." Thesis, Luleå tekniska universitet, Institutionen för ekonomi, teknik och samhälle, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:ltu:diva-63817.
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Syfte Det övergripande syftet med studien var att öka förståelsen för hur digitalt mogna företag utformar och bedriver arbetet i de digitala enheterna. Studien har undersökt den del av organisationen som direkt eller indirekt arbetar med att utveckla digitala innovationer (digitala enheten) mot externa kunder, och har nyttjat konceptet verksamhetsmodell för att uppnå ett systemperspektiv i förståelsen. Syftet adresseras genom följande forskningsfråga: Vilka gemensamma faktorer finns hos digitalt mogna företags digitala enheter? Metod Studien är av explorativ karaktär med en induktiv forskningsansats, där en kvalitativt flerfallsstudie genomförts. För att studera digitalt mogna företag har urvalet skett med hjälp av digitala experter och tidigare forskning på digital mognad. Primärdata bestod av 21 semi-strukturerade intervjuer med informanter från 8 digitalt mogna företag med god insikt i respektive verksamhet, samt 4 intervjuer med experter inom digitalisering och verksamhetsutveckling. Sekundärdata bestod av publik information så som årsrapporter, presentationer och hemsidor m.fl.. Resultat Resultatet visar att det finns många gemensamma faktorer mellan de studerade verksamheterna som kan utgöra en förklaring till varför de är framstående inom digital innovation och mognad. Totalt har 22 gemensamma teman identifierats som till betydande grad återspeglats i de studerade verksamheterna. De identifierade teman aggregeras till ett förslag på 4 generiska designprinciper för hur verksamheter kan utformas och bedrivas för att främja digital innovation. Därtill presenteras ett ramverk för verksamhetsmodellering med fokus på digitala enheter. Teoretiska implikationer Det teoretiska bidrag som studier tillför är fyrfaldigt: (1) Studien skapar större insikter kring digitalt mogna företag och bekräftar indirekt mycket av tidigare forskning på digital mognad (2) utvecklar och konkretiserar konceptet verksamhetsmodell, (3) introducerar ett ramverk för verksamhetsmodellering i allmänhet och med generiska designprinciper för främjandet av digital innovation i synnerhet samt (4) bidrar till tvärdisciplinär forskning genom ett holistiskt perspektiv. Praktiska implikationer Det praktiska bidrag som studien skapar är kunskap kring verksamhetsdesign för samtida företagsledare i allmänhet, och i synnerhet för ledare som arbetar kring digital innovation. Ramverket och designprinciperna kan bidra till att företagsledare lättare kan skapa en överblick av verksamheten och aktivt utforma den för att stödja affärsmodellen och i förlängningen främja strategin.Purpose The overall purpose of the study is to develop the understanding of how digitally maturing companies design and operates the digital unit. The study has examined the organization within the companies that directly or indirectly develop digital offerings (the digital unit) towards external customers , and has utilized the holistic concept of an operating model in order to do so. The purpose is addressed by the following research question: What common factors exist between the digital units of digitally maturing companies? Method The study is exploratory in its nature with an inductive approach, in which a qualitative multiple case study was conducted. In order to study digitally matured companies, the selection process involved the help of digital experts as well as previous studies on digital maturity. In total, 21 semi-structured interviews with informants from 8 digitally matured companies were conducted, together with 4 interviews with experts in digitalization and business development. The informants had a good understanding of respective organization, and the data was complemented with publicly available information such as reports, presentations and websites. Results The results show that there are many common factors between the studied organizations that can help explain as to why they are prevalent in digital innovation and maturity. In total, 22 common themes were identified between the organizations’ digital units by studying their operating models. The identified themes were aggregated into a proposal of 4 generic design principles for how the digital units could be designed in order to prosper digital innovation. In addition, a framework for operations modelling is presented with a focus on digital units. Theoretical implications The theoretical implications from the study is primarely fourfolded: (1) the study develops the knowledge of digitally matured companies and concretizes the result from previous studies. (2) The study develops the concept of an operating model by identifying and bridging 6 academic fields. (3) The study presents a suggested framework for modelling the operations in general, and particularly for the design of the digital unit. (4) The study support a multidisciplinary approach to studying best praxis from a holistic perspective. Practical implications The results from the study can serve as inspiration when designing organizations for today’s the managers in general, and for the managers within digital innovation in particular. The suggested framework and design principles can facilitate the process of understanding and designing a synergetic operation that support the business model and strategy.
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Sirois, Andre. "Copyright Law Inadequacies in the Case of Digital Sampling: Adding Color to a Grey Area." Fogler Library, University of Maine, 2005. http://www.library.umaine.edu/theses/pdf/SiroisA2005.pdf.
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Nel, Alma. "The use of digital data as evidence in the south African law / by A. Nel." Thesis, North-West University, 2005. http://hdl.handle.net/10394/1025.
Full textAbstract:
Die groeiende gebruik en wye strekking van tegnologie gedurende die afgelope
paar jare, het 'n nuwe tipe bewysmateriaal geskep wat in beide siviele en
kriminele sake gebruik word: sogenaamdedigitale bewysmateriaal.
Soos tegnologie verander moet die reg ook verander. Die reg moet aanpas om
by te hou met die konstante veranderinge van tegnologie. Weens die mens se
daaglikse afhanklikheid van tegnologie, en die groter invloed daarvan in siviele
en kriminele aangeleenthede, word besondere uitdagings geskep vir die
tradisionele reëls van die hedendaagse Suid-Afrikaanse bewysreg. Die
regulering, verkryging en bewaring van digitale bewysmateriaal veroorsaak 'n
leemte in die bestaande Suid-Afrikaansereg.
Om digitale data se gebruik as bewysmateriaal in 'n Suid-Afrikaanse hof te
vergemaklik moet die Suid-Afrikaanse reg met verwysing na digitale data
verander. Die effektiewe bewaring van digitale data, wat ook die integriteit en
oorspronklikheid daarvan sal verseker, moet na gekyk word. Weens die aard van
rekenaar-genereerde en digitale bewysmateriaal word dit as broos beskou. Dit
kan maklik verander en onttrek word en is moeilik om 'n onderskeid te tref tussen
die oorspronklike en kopieë daarvan. Die bewaring en dokumentering van
digitale bewysmateriaal vereis daarom spesiale aandag. Nuwe tegnieke en
prosedures word vereis en moet ontwikkel word sodat dit gebruik kan word om
die behoud van die integriteit van die digitale data te kan verseker.
Die Suid-Afrikaanse reg met betrekking tot digitale bewysmateriaal word tans
grotendeels gereguleer deur die Elektroniese Transaksies en Kommunikasie Wet
25 van 2002. Hierdie wetgewing is baie wyd geformuleer en bevat geen definisie
van digitale bewysmateriaal nie. Die wetgewing skryf ook nie die nodige tegnieke
en prosedures wat toegepas moet word om die integriteit van digitale
bewysmateriaal te verseker voor nie.
Hierin word 'n studie gedoen van die reeds bestaande regsreëls en regulasies
van toepassing op digitale bewysmateriaal in beide die Suid-Afrikaanse en
Amerikaanse regstelsels. Die Amerikaanse regstelsel het verskeie wetgewing,
regspraak en institusionele reëls en regulasies wat die gebruik van digitale data
as bewysmateriaal vergemaklik. Hierdie wetgewing, regspraak en institusionele
reëls en regulasies maak wel voorsiening vir spesifieke tegnieke en prosedures
wat gevolg moet word gedurende 'n ondersoek na digitale bewysmateriaal deur
rekenaar forensiese inspekteurs om die integriteit van die digitale data te
verseker. Daarna word 'n regsvergelyking gedoen tussen die twee regstelsels om
moontlike oplossings te lewer vir die probleem wat tans ervaar word in Suid-
Afrika met betrekking tot die gebruik van digitale data as bewysmateriaal in 'n
Suid-Afrikaansehof.Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2006.
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Roy, Matthew B. "An analysis of the applicability of federal law regarding hash-based searches of digital media." Thesis, Monterey, California: Naval Postgraduate School, 2014. http://hdl.handle.net/10945/42714.
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Approved for public release; distribution is unlimitedThe Fourth Amendment of the United States (U.S.) Constitution limits the ability of the government to search U.S. persons without cause or justification. The application of the Fourth Amendment to digital forensics search techniques is still evolving. This thesis summarizes current federal law and recent judicial rulings that can apply Fourth Amendment doctrine to current digital forensics techniques. It uses three hypothetical scenarios to show how current law could be applied to new techniques now under development: the use of sector hashes to find traces of digital contraband; the use of random sampling to rapidly triage large digital media; and the use of similarity functions to find documents that are similar but not identical to target documents.
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Nowak, Benjamin Adam. "Students' First and Fourth Amendment Rights in the Digital Age: An Analysis of Case Law." Diss., Virginia Tech, 2014. http://hdl.handle.net/10919/47729.
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In January, 2012, the Supreme Court of the United States refused to hear three cases involving student online speech, or cyberspeech. This indicates that the Court is content with lower courts applying First Amendment jurisprudence developed over 40 years ago to a rapidly advancing digital environment where students carry the equivalent of personal computers in their pockets, have an ever-growing telepresence, and rely on cyberspeech as their primary means of communicating with the world around them.
Lower courts also are beginning to grapple with challenges to students Fourth Amendment right to be free from unreasonable search and seizure as it relates to the digital environment described above. Recently, lower courts in Mississippi, Texas, Minnesota, and Kentucky have applied standards set forth decades ago to decide cases involving searches of students mobile devices and Web 2.0 applications.
Given the absence of guidance from the Supreme Court, this study aims to: (1) identify and analyze trends in the current application of legal standards related to student cyberspeech and search and seizure in the digital age; (2) synthesize these findings into a set of essential guidelines for school officials to use as they navigate a legal landscape that has yet to be well defined; and (3) make recommendations to further develop the body of law.
Findings indicate that school officials have the legal authority to restrict off-campus student cyberspeech when certain conditions are met, and Tinker governs cases in this area. Seriously threatening, slanderous, or obscene cyberspeech is not constitutionally protected and can be restricted prior to an actual disruption. Off-campus student cyberspeech that reaches the school can legally be restricted so long as evidence shows that it caused a material and substantial disruption.
In addition, students possess reasonable expectations of privacy in their personal mobile devices and password-protected private Web 2.0 communications. T.L.O governs searches of students personal mobile devices and Vernonia appears to govern cases involving searches of students Web 2.0 applications. Substantive suspicion at the outset, carefully tailored searches, and a clear governmental interest will keep school officials from violating students Fourth Amendment protections.Ed. D.
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Hrabovska, Anna. "Innovative-digital development of the country's economy in the conditions of globalization." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/53752.
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1. A Temerbek - Abstracts and abstracts of dissertations, 2021
2. In Solyar, A Burdika, S Pilipov Development of the institutional component of
innovative system: valuable price- Economics. Management…, 2021.
3. KM Kraus, NM Kraus. Strategies for innovation and digital economic development
information technology challenges– 2020.The study considers two laws of innovation and digital development, including the law of formation of a global innovation civilization and the law of global market integration of innovation and digital globalization of national economies
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SASANI, Armita. "Hate Speech in the Era of Digital Hate (A Legal Comparison between Europe and the United States)." Doctoral thesis, Università degli studi di Ferrara, 2017. http://hdl.handle.net/11392/2488122.
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This doctoral thesis investigates into the international, the US and European- the Council of Europe and the European Union- constitutional models of the right to freedom of expression and hate speech over Internet. The anonymity and mobility afforded by the Internet has made it very easy for hate mongers to spread hate in an environment which is abstract and beyond the realms of traditional law enforcement. Presence of Internet in daily life consequently has brought some intense difficulties such as crisis of the traditional liberal conception of free speech as ‘marketplace of ideas’, caused by online communications (the virality of false assumptions of racist nature or similar phenomena); Crisis of the ‘tolerant society’ approach in the sense that hate speech acts made in a ‘tolerant’ context can spread all over the world through internet, inflaming rage in ‘non tolerant’ context, or in context where western constitutional concepts such free speech and toleration are ignored or opposed; Crisis of traditional approach based on the ‘present and danger test’ doctrine and the use of criminal law as ‘extrema ratio’. In this case, multicultural societies ask for recognition of collective identities even through criminal law because toleration of certain form of satire against Islam or other collective identities can be seen as disguised form of discrimination.
Current hate speech and Internet regulation in the US and European countries accompanied by a review of arguments which support and protest online hate speech regulation indicate the complexity in regulating online hate speech. Regulating online hate speech raises so many issues because at one hand such hate expression might be considered as an element of self-expression and is subject to protection under the right to freedom of expression and on the other hand, it might call to hatred and violence which is highly required to be prohibited; otherwise, it could prevent minority groups to participate in social activities, improve their human capability. Furthermore, Internet raises the issue of cross-jurisdictional legal mechanism for controlling hate speech because the crime of posting hate comments on Internet may happen in one jurisdiction but its effects be somewhere else. Thus, it would hinder the effective investigation of cybercrime and prosecution of offenders.
The complexity in regulation does not necessarily implicates that there must be a unified legal definition or homogeneous way of responding to online hate speech crime among all countries in order to be released from this issue.
On the contrary, this research indicates that historical circumstances and cultural norms would be different in each country and based on that minority groups would have different experiences when they want to exercise their rights and participation in the society. Although, Internet is universal in nature but boundaries of freedom of expression over Internet vary from country to country.
Nonetheless, still, there is an emergency need of harmonizing the US and European approach along with increasing their criminal justice cooperation in transnational contexts towards this issue.
At the end, this research develops to consider that apart from enacting hate speech regulation, there would be some other ways to minimize hate speech on social media Web sites including encouraging self-regulation and code of conduct on the part of social media companies. Also, technological innovations could be applied to restrain online hate propagation.Questa tesi indaga i modelli internazionali, degli Stati Uniti e dell'Europa - il Consiglio d'Europa e la Costituzione dell'Unione Europea - del diritto alla libertà di espressione e lo "hate speech" su Internet. L’anonimato e la mobilità offerta da Internet ha reso molto facile per i mercanti di odio diffonderlo in un ambiente astratto e collocato oltre il “regno” delle tradizionali forze dell'ordine. La presenza di Internet nella vita quotidiana, di conseguenza, ha portato intense difficoltà, come la crisi della tradizionale concezione liberale della libertà di parola intesa come “mercato delle idee”, causata dalla comunicazione online (la viralità di false assunzioni di natura razzista o fenomeni simili); così la crisi dell'approccio alla “società tollerante”, nel senso che un atto qualificabile come "hate speech" pronunciato in un contesto “tollerante” può diffondersi in tutto il mondo attraverso internet, infiammando la rabbia in un contesto “non tollerante”, o in un contesto in cui i concetti costituzionali occidentali, quali la libertà di espressione e la tolleranza, sono ignorati o contrastati; così la crisi dell’approccio tradizionale basato sulla dottrina del “test del pericolo presente” e l'uso del diritto penale come “extrema ratio”. In questo caso, le società multiculturali chiedono il riconoscimento di identità collettive, anche attraverso il diritto penale, perché la tolleranza di certe forme di satira contro l'Islam o altre identità collettive può essere vista come forma dissimulata di discriminazione. Il corrente "hate speech" e le regole di Internet negli Stati Uniti e nei paesi europei, accompagnati da un riesame degli argomenti che sostengono e contestano in rete la regolazione dello "hate speech", indicano la complessità della sua regolamentazione in rete. Regolamentare lo "hate speech” online solleva molti problemi perché, da un lato, tale espressione di odio potrebbe essere considerata come un elemento di auto-espressione, soggetta a tutela ai sensi del diritto alla libertà di espressione, mentre, dall'altro, potrebbe incitare all'odio e alla violenza, cosa che deve essere assolutamente vietata; in caso contrario, ciò potrebbe impedire ai gruppi di minoranza di partecipare alle attività sociali e di migliorare la loro capacità umana. Inoltre, Internet pone il problema del meccanismo giuridico intergiurisdizionale per il controllo dello "hate speech" perché il reato di pubblicazione di commenti di odio su Internet potrebbe accadere in una giurisdizione, ma i suoi effetti possono verificarsi in qualche altro luogo. Così, sarebbero ostacolati l'effettivo accertamento della criminalità informatica e il perseguimento dei colpevoli. La complessità della regolamentazione non implica necessariamente che, per essere liberati da questo problema, si debba giungere ad una definizione legale unitaria o ad un modo omogeneo di rispondere ai crimini dello "hate speech" online tra tutti i Paesi. Al contrario, questa ricerca mostra che le circostanze storiche e le norme culturali sono diverse in ogni Paese e basate sul fatto che i gruppi di minoranza hanno diverse esperienze nell’esercitare i loro diritti e partecipare alla società. Anche se Internet è per natura universale, i limiti alla libertà di espressione online variano da Paese a Paese. Ciò nonostante, ancora, si avverte come emergenza la necessità di armonizzare l’approccio statunitense e quello europeo e, nel contempo, aumentare la loro cooperazione penale in contesti transnazionali nei confronti di questo problema. Infine, questa ricerca giunge a considerare che, a parte l’approvazione della regolamentazione dell’incitamento all’odio online, ci sarebbero altri modi per ridurre al minimo lo "hate speech" sui social media, tra cui incoraggiare l’autoregolamentazione e approvare di codici di condotta da parte delle società di social media.