HOME

TheInfoList



OR:

Information technology law (also called cyberlaw) concerns the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of
information technology Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology syste ...
, including
computing Computing is any goal-oriented activity requiring, benefiting from, or creating computing machinery. It includes the study and experimentation of algorithmic processes, and development of both hardware and software. Computing has scientific, ...
and the
internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
. It is related to legal informatics, and governs the
digital Digital usually refers to something using discrete digits, often binary digits. Technology and computing Hardware *Digital electronics, electronic circuits which operate using digital signals ** Digital camera, which captures and stores digital ...
dissemination of both (
digitized DigitizationTech Target. (2011, April). Definition: digitization. ''WhatIs.com''. Retrieved December 15, 2021, from https://whatis.techtarget.com/definition/digitization is the process of converting information into a Digital data, digital (i ...
) information and
software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consist ...
,
information security Information security, sometimes shortened to InfoSec, is the practice of protecting information by mitigating information risks. It is part of Risk management information systems, information risk management. It typically involves preventing or re ...
and
electronic commerce E-commerce (electronic commerce) is the activity of electronically buying or selling of products on online services or over the Internet. E-commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain manage ...
aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
in computing and online,
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
law,
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...
,
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, and
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
.


History

The regulation of information technology, through computing and the
internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
evolved out of the development of the first publicly funded networks, such as
ARPANET The Advanced Research Projects Agency Network (ARPANET) was the first wide-area packet-switched network with distributed control and one of the first networks to implement the TCP/IP protocol suite. Both technologies became the technical fou ...
and NSFNET in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
or
JANET Janet may refer to: Names * Janet (given name) * Janet (French singer) (1939–2011) Surname * Charles Janet (1849–1932), French engineer, inventor and biologist, known for the Left Step periodic table * Jules Janet (1861–1945), French psych ...
in the United Kingdom.


Areas of law

IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
is an important component of IT law, including
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
, rules on
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
, and special rules on
copy protection Copy protection, also known as content protection, copy prevention and copy restriction, describes measures to enforce copyright by preventing the reproduction of software, films, music, and other media. Copy protection is most commonly found o ...
for digital media, and circumvention of such schemes. The area of
software patent A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time ...
s is
controversial Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite d ...
, and still evolving in Europe and elsewhere. The related topics of
software license A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both sourc ...
s, end user license agreements,
free software license A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder (usually the author) ...
s and
open-source license An open-source license is a type of license for computer software and other products that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions. This allows end users and commercial com ...
s can involve discussion of product liability, professional liability of individual developers, warranties, contract law, trade secrets and intellectual property. In various countries, areas of the computing and communication industries are regulated – often strictly – by governmental bodies. There are rules on the uses to which computers and computer networks may be put, in particular there are rules on unauthorized access, data privacy and
spamming Spamming is the use of messaging systems to send multiple unsolicited messages (spam) to large numbers of recipients for the purpose of commercial advertising, for the purpose of non-commercial proselytizing, for any prohibited purpose (especia ...
. There are also limits on the use of
encryption In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can d ...
and of equipment which may be used to defeat copy protection schemes. The export of hardware and software between certain states within the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
is also controlled. There are laws governing trade on the Internet, taxation, consumer protection, and advertising. There are laws on
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
versus freedom of expression, rules on public access to government information, and individual access to information held on them by private bodies. There are laws on what data must be retained for law enforcement, and what may not be gathered or retained, for privacy reasons. In certain circumstances and jurisdictions, computer communications may be used in evidence, and to establish contracts. New methods of tapping and surveillance made possible by computers have wildly differing rules on how they may be used by law enforcement bodies and as evidence in court. Computerized voting technology, from polling machines to internet and mobile-phone voting, raise a host of legal issues. Some states limit access to the Internet, by law as well as by technical means.


Jurisdiction

Issues of
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
and
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
have quickly come to the fore in the era of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
. Jurisdiction is an aspect of state
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
and it refers to judicial, legislative and administrative competence. Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extraterritorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation. This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of
conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad ...
, particularly private international law. An example would be where the contents of a web site are legal in one country and illegal in another. In the absence of a uniform jurisdictional code, legal practitioners are generally left with a conflict of law issue. Another major problem of cyberlaw lies in whether to treat the Internet as if it were physical space (and thus subject to a given jurisdiction's laws) or to act as if the Internet is a world unto itself (and therefore free of such restraints). Those who favor the latter view often feel that government should leave the Internet community to self-regulate.
John Perry Barlow John Perry Barlow (October 3, 1947February 7, 2018) was an American poet, essayist, cattle rancher, and cyberlibertarian political activist who had been associated with both the Democratic and Republican parties. He was also a lyricist for th ...
, for example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract. This governance will arise according to the conditions of our world, not yours. Our world is different". A more balanced alternative is the Declaration of Cybersecession: "Human beings possess a mind, which they are absolutely free to inhabit with no legal constraints. Human civilization is developing its own (collective) mind. All we want is to be free to inhabit it with no legal constraints. Since you make sure we cannot harm you, you have no ethical right to intrude our lives. So stop intruding!" Other scholars argue for more of a compromise between the two notions, such as
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
's argument that "The problem for law is to work out how the norms of the two communities are to apply given that the subject to whom they apply may be in both places at once" (Lessig, Code 190). With the internationalism of the Internet,
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
is a much more tricky area than before, and courts in different countries have taken various views on whether they have jurisdiction over items published on the Internet, or business agreements entered into over the Internet. This can cover areas from contract law, trading standards and tax, through rules on unauthorized access, data privacy and
spamming Spamming is the use of messaging systems to send multiple unsolicited messages (spam) to large numbers of recipients for the purpose of commercial advertising, for the purpose of non-commercial proselytizing, for any prohibited purpose (especia ...
to more political areas such as freedom of speech, censorship, libel or sedition. Certainly, the frontier idea that the law does not apply in "
Cyberspace Cyberspace is a concept describing a widespread interconnected digital technology. "The expression dates back from the first decade of the diffusion of the internet. It refers to the online world as a world 'apart', as distinct from everyday re ...
" is not true. In fact, conflicting laws from different jurisdictions may apply, simultaneously, to the same event. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: # the laws of the state/nation in which the user resides, # the laws of the state/nation that apply where the server hosting the transaction is located, and # the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. In practical terms, a user of the Internet is subject to the laws of the state or nation within which he or she goes online. Thus, in the U.S., Jake Baker faced criminal charges for his e-conduct, and numerous users of peer-to-peer
file-sharing File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include ...
software were subject to civil lawsuits for
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
. This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another. In fact, even different standards concerning the burden of proof in a civil case can cause jurisdictional problems. For example, an American celebrity, claiming to be insulted by an online American magazine, faces a difficult task of winning a lawsuit against that magazine for
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...
. But if the celebrity has ties, economic or otherwise, to England, he or she can sue for libel in the English court system, where the burden of proof for establishing defamation may make the case more favorable to the plaintiff. Internet governance is a live issue in international fora such as the
International Telecommunication Union The International Telecommunication Union is a specialized agency of the United Nations responsible for many matters related to information and communication technologies. It was established on 17 May 1865 as the International Telegraph Unio ...
(ITU), and the role of the current US-based co-ordinating body, the Internet Corporation for Assigned Names and Numbers (ICANN) was discussed in the UN-sponsored World Summit on the Information Society (WSIS) in December 2003


Internet law

The
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
that regulates the Internet must be considered in the context of the geographic scope of the Internet and political borders that are crossed in the process of sending data around the globe. The unique global structure of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
raises not only jurisdictional issues, that is, the authority to make and enforce laws affecting the Internet, but also questions concerning the nature of the laws themselves. In their essay "Law and Borders – The Rise of Law in Cyberspace", David R. Johnson and David G. Post argue that it became necessary for the Internet to govern itself and instead of obeying the laws of a particular country, "Internet citizens" will obey the laws of electronic entities like service providers. Instead of identifying as a physical person, Internet citizens will be known by their usernames or email addresses (or, more recently, by their Facebook accounts). Over time, suggestions that the Internet can be self-regulated as being its own trans-national "nation" are being supplanted by a multitude of external and internal regulators and forces, both governmental and private, at many different levels. The nature of Internet law remains a legal
paradigm shift A paradigm shift, a concept brought into the common lexicon by the American physicist and philosopher Thomas Kuhn, is a fundamental change in the basic concepts and experimental practices of a scientific discipline. Even though Kuhn restricted ...
, very much in the process of development. Leaving aside the most obvious examples of governmental content monitoring and
internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
in nations like
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
,
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, there are four primary forces or modes of regulation of the Internet derived from a socioeconomic theory referred to as
Pathetic dot theory The pathetic dot theory or the New Chicago School theory was introduced by Lawrence Lessig in a 1998 article and popularized in his 1999 book, ''Code and Other Laws of Cyberspace''. It is a socioeconomic theory of regulation. It discusses how ...
by
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
in his book, ''
Code and Other Laws of Cyberspace ''Code and Other Laws of Cyberspace'' is a 1999 book by Lawrence Lessig on the structure and nature of regulation of the Internet. Summary The primary idea of the book, as expressed in the title, is the notion that computer code (or "West Coast ...
'': #Law: What Lessig calls "Standard East Coast Code", from laws enacted by government in Washington D.C. This is the most self-evident of the four modes of regulation. As the numerous United States statutes, codes, regulations, and evolving case law make clear, many actions on the Internet are already subject to conventional laws, both with regard to transactions conducted on the Internet and content posted. Areas like gambling, child pornography, and fraud are regulated in very similar ways online as off-line. While one of the most controversial and unclear areas of evolving laws is the determination of what forum has subject matter jurisdiction over activity (economic and other) conducted on the internet, particularly as cross border transactions affect local jurisdictions, it is certainly clear that substantial portions of internet activity are subject to traditional regulation, and that conduct that is unlawful off-line is presumptively unlawful online, and subject to traditional enforcement of similar laws and regulations. #Architecture: What Lessig calls "West Coast Code", from the programming code of the
Silicon Valley Silicon Valley is a region in Northern California that serves as a global center for high technology and innovation. Located in the southern part of the San Francisco Bay Area, it corresponds roughly to the geographical areas San Mateo Cou ...
. These mechanisms concern the parameters of how information can and cannot be transmitted across the Internet. Everything from internet filtering software (which searches for keywords or specific URLs and blocks them before they can even appear on the computer requesting them), to encryption programs, to the very basic architecture of TCP/IP protocols and user interfaces falls within this category of mainly private regulation. It is arguable that all other modes of internet regulation either rely on, or are significantly affected by, West Coast Code. #Norms: As in all other modes of social interaction, conduct is regulated by social norms and conventions in significant ways. While certain activities or kinds of conduct online may not be specifically prohibited by the code architecture of the Internet, or expressly prohibited by traditional governmental law, nevertheless these activities or conduct are regulated by the standards of the community in which the activity takes place, in this case internet "users". Just as certain patterns of conduct will cause an individual to be ostracized from our real world society, so too certain actions will be censored or self-regulated by the norms of whatever community one chooses to associate with on the internet. #Markets: Closely allied with regulation by social norms, markets also regulate certain patterns of conduct on the Internet. While economic markets will have limited influence over non-commercial portions of the Internet, the Internet also creates a virtual marketplace for information, and such information affects everything from the comparative valuation of services to the traditional valuation of stocks. In addition, the increase in popularity of the Internet as a means for transacting all forms of commercial activity, and as a forum for advertisement, has brought the laws of supply and demand to cyberspace. Market forces of supply and demand also affect connectivity to the Internet, the cost of bandwidth, and the availability of software to facilitate the creation, posting, and use of internet content. These forces or regulators of the Internet do not act independently of each other. For example, governmental laws may be influenced by greater societal norms, and markets affected by the nature and quality of the code that operates a particular system.


Net neutrality

Another major area of interest is
net neutrality Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of co ...
, which affects the regulation of the infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments. This is turning into one of the most critical aspects of cyber Law and has immediate jurisdictional implications, as laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected. Very recently, Netherlands became the first country in Europe and the second in the world, after Chile, to pass law relating to it. In U.S, on 12 March 2015, the FCC released the specific details of its new net neutrality rule. And on 13 April 2015, the FCC published the final rule on its new regulations.


Free speech on the Internet

Article 19 of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
calls for the protection of free expression in all media. Which includes right such as freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In comparison to traditional print-based media, the accessibility and relative anonymity of cyber space has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions. These complexities have taken many forms, three notable examples being the Jake Baker incident, in which the limits of obscene Internet postings were at issue, the controversial distribution of the DeCSS code, and Gutnick v Dow Jones, in which libel laws were considered in the context of online publishing. The last example was particularly significant because it epitomized the complexities inherent to applying one country's laws (nation-specific by definition) to the internet (international by nature). In 2003,
Jonathan Zittrain Jonathan L. Zittrain (born December 24, 1969) is an American professor of Internet law and the George Bemis Professor of International Law at Harvard Law School. He is also a professor at the Harvard Kennedy School, a professor of computer scie ...
considered this issue in his paper, "Be Careful What You Ask For: Reconciling a Global Internet and Local Law". In the UK the case of Keith-Smith v Williams confirmed that existing
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defi ...
laws applied to internet discussions. In terms of the
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
liability of ISPs and hosts of internet forums, Section 230(c) of the
Communications Decency Act The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case ''Reno v. ACLU'', the United States Supreme Court unanimously struck ...
may provide immunity in the United States.


Internet censorship

In many countries, speech through cyberspace has proven to be another means of communication which has been regulated by the government. The "Open Net Initiative", whose mission statement is "to investigate and challenge state filtration and surveillance practices" to "...generate a credible picture of these practices," has released numerous reports documenting the filtration of internet-speech in various countries. While
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
has thus far proven to be the most rigorous in its attempts to filter unwanted parts of the internet from its citizens, many other countries – including
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
,
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
, and
Tunisia ) , image_map = Tunisia location (orthographic projection).svg , map_caption = Location of Tunisia in northern Africa , image_map2 = , capital = Tunis , largest_city = capital , ...
– have engaged in similar practices of
Internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
. In one of the most vivid examples of information control, the Chinese government for a short time transparently forwarded requests to the
Google Google LLC () is an American Multinational corporation, multinational technology company focusing on Search Engine, search engine technology, online advertising, cloud computing, software, computer software, quantum computing, e-commerce, ar ...
search engine to its own, state-controlled search engines. These examples of filtration bring to light many underlying questions concerning the freedom of speech. For example, does the government have a legitimate role in limiting access to information? And if so, what forms of regulation are acceptable? For example, some argue that the blocking of "
blogspot Blogger is an American online content management system founded in 1999 which enables multi-user blogs with time-stamped entries. Pyra Labs developed it before being acquired by Google in 2003. Google hosts the blogs, which can be accessed th ...
" and other websites in
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
failed to reconcile the conflicting interests of speech and expression on the one hand and legitimate government concerns on the other hand.


The creation of privacy in U.S. Internet law


Warren and Brandeis

At the close of the 19th century, concerns about
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...
captivated the general public, and led to the 1890 publication of Samuel Warren and Louis Brandeis: "The Right to Privacy". The vitality of this article can be seen today, when examining the USSC decision of ''
Kyllo v. United States ''Kyllo v. United States'', 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted fro ...
'', 533 U.S. 27 (2001) where it is cited by the majority, those in concurrence, and even those in dissent. The motivation of both authors to write such an article is heavily debated amongst scholars, however, two developments during this time give some insight to the reasons behind it. First, the sensationalistic press and the concurrent rise and use of "
yellow journalism Yellow journalism and yellow press are American terms for journalism and associated newspapers that present little or no legitimate, well-researched news while instead using eye-catching headlines for increased sales. Techniques may include ...
" to promote the sale of newspapers in the time following the Civil War brought privacy to the forefront of the public eye. The other reason that brought privacy to the forefront of public concern was the technological development of "
instant photography An instant camera is a camera which uses self-developing film to create a chemically developed print shortly after taking the picture. Polaroid Corporation pioneered (and patented) consumer-friendly instant cameras and film, and were follo ...
". This article set the stage for all privacy legislation to follow during the 20 and 21st centuries.


Reasonable Expectation of Privacy Test and emerging technology

In 1967, the United States Supreme Court decision in ''Katz v United States'', 389 U.S. 347 (1967) established what is known as the Reasonable Expectation of Privacy Test to determine the applicability of the Fourth Amendment in a given situation. The test was not noted by the majority, but instead it was articulated by the concurring opinion of Justice Harlan. Under this test, 1) a person must exhibit an "actual (subjective) expectation of privacy" and 2) "the expectation ustbe one that society is prepared to recognize as 'reasonable'".


Privacy Act of 1974

Inspired by the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's contin ...
, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
enacted the Privacy Act of 1974 just four months after the resignation of then President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
. In passing this Act, Congress found that "the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies" and that "the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information".


Foreign Intelligence Surveillance Act of 1978

Codified at 50 U.S.C. §§ 1801–1811, this act establishes standards and procedures for use of electronic surveillance to collect "foreign intelligence" within the United States. §1804(a)(7)(B). FISA overrides the Electronic Communications Privacy Act during investigations when foreign intelligence is "a significant purpose" of said investigation. (a)(7)(B) and §1823(a)(7)(B). Another interesting result of FISA, is the creation of the Foreign Intelligence Surveillance Court (FISC). All FISA orders are reviewed by this special court of federal district judges. The FISC meets in secret, with all proceedings usually also held from both the public eye and those targets of the desired surveillance.
For more information see: Foreign Intelligence Act


(1986) Electronic Communication Privacy Act

The ECPA represents an effort by the United States Congress to modernize federal wiretap law. The ECPA amended Title III (see: Omnibus Crime Control and Safe Streets Act of 1968) and included two new acts in response to developing computer technology and communication networks. Thus the ECPA in the domestic venue into three parts: 1) Wiretap Act, 2) Stored Communications Act, and 3) The Pen Register Act. ::*Types of Communication ::** Wire Communication: Any communication containing the human voice that travels at some point across a wired medium such as radio, satellite or cable. ::** Oral Communication: ::** Electronic Communication ::# The Wiretap Act: For Information see Wiretap Act ::# The Stored Communications Act: For information see Stored Communications Act ::# The Pen Register Act: For information see Pen Register Act


(1994) Driver's Privacy Protection Act

The DPPA was passed in response to states selling motor vehicle records to private industry. These records contained personal information such as name, address, phone number, SSN, medical information, height, weight, gender, eye color, photograph and date of birth. In 1994, Congress passed the Driver's Privacy Protection (DPPA), 18 U.S.C. §§ 2721–2725, to cease this activity.
For more information see:
Driver's Privacy Protection Act The Driver's Privacy Protection Act of 1994 (also referred to as the "DPPA"), Title XXX of the Violent Crime Control and Law Enforcement Act, is a United States federal statute governing the privacy and disclosure of personal information gathered ...


(1999) Gramm-Leach-Bliley Act

-This act authorizes widespread sharing of personal information by financial institutions such as banks, insurers, and investment companies. The GLBA permits sharing of personal information between companies joined or affiliated as well as those companies unaffiliated. To protect privacy, the act requires a variety of agencies such as the SEC, FTC, etc. to establish "appropriate standards for the financial institutions subject to their jurisdiction" to "insure security and confidentiality of customer records and information" and "protect against unauthorized access" to this information.
For more information see: Gramm-Leach-Bliley Act


(2002) Homeland Security Act

-Passed by Congress in 2002, the Homeland Security Act, , consolidated 22 federal agencies into what is commonly known today as the Department of Homeland Security (DHS). The HSA, also created a Privacy Office under the DoHS. The Secretary of Homeland Security must "appoint a senior official to assume primary responsibility for privacy policy." This privacy official's responsibilities include but are not limited to: ensuring compliance with the Privacy Act of 1974, evaluating "legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government", while also preparing an annual report to Congress.
For more information see:
Homeland Security Act The Homeland Security Act (HSA) of 2002, () was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of ...


(2004) Intelligence Reform and Terrorism Prevention Act

-This Act mandates that intelligence be "provided in its most shareable form" that the heads of intelligence agencies and federal departments "promote a culture of information sharing." The IRTPA also sought to establish protection of privacy and civil liberties by setting up a five-member Privacy and Civil Liberties Oversight Board. This Board offers advice to both the President of the United States and the entire executive branch of the Federal Government concerning its actions to ensure that the branch's information sharing policies are adequately protecting privacy and civil liberties.
For more information see: Intelligence Reform and Terrorism Prevention Act


Other Legal enactments – examples


United Kingdom

The
Computer Misuse Act 1990 The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063 (see below). Critics of the bill complained that it was introduced hastily ...
enacted by
the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
on 29 June 1990, and which came into force on 29 August 1990, is an example of one of the earliest such legal enactments. This Act was enacted with an express purpose of making "provision for securing computer material against unauthorized access or modification." Certain major provisions of the
Computer Misuse Act 1990 The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063 (see below). Critics of the bill complained that it was introduced hastily ...
relate to: *"unauthorized access to computer materials", *"unauthorized access with intent to commit or facilitate the commission of further offences", *"unauthorized modification of computer material." The act was also later amended by the
Police and Justice Act 2006 The Police and Justice Act 2006 (PJA) is an act of the Parliament of the United Kingdom. It received royal assent on 8 November 2006. The PJA created the National Policing Improvement Agency. It changed how members of police authorities may be ...
to include the following additional provisions(among others) *"unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc." *"Making, supplying or obtaining articles for use in computer misuse offences,"


India

An example of information technology law is India's Information Technology Act, 2000, which was substantially amended in 2008. The IT Act, 2000 came into force on 17 October 2000. This Act applies to whole of India, and its provisions also apply to any offense or contravention, committed even outside the territorial jurisdiction of
Republic of India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
, by any person irrespective of his
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of t ...
. In order to attract provisions of this Act, such an offence or contravention should involve a computer, computer system, or computer network located in India. The IT Act 2000 provides an extraterritorial applicability to its provisions by virtue of section 1(2) read with section 75. This Act has 90 sections. India's The Information Technology Act 2000 has tried to assimilate legal principles available in several such laws (relating to information technology) enacted earlier in several other countries, as also various guidelines pertaining to information technology law. The Act gives legal validity to electronic contracts, recognition of electronic signatures. This is a modern legislation which makes acts like hacking, data theft, spreading of virus, identity theft, defamation (sending offensive messages) pornography, child pornography, cyber terrorism, a criminal offence. The Act is supplemented by a number of rules which includes rules for, cyber cafes, electronic service delivery, data security, blocking of websites. It also has rules for observance of due diligence by internet intermediaries (ISP's, network service providers, cyber cafes, etc.). Any person affected by data theft, hacking, spreading of viruses can apply for compensation from Adjudicator appointed under Section 46 as well as file a criminal complaint. Appeal from adjudicator lies to TDSAT


Notable cases


=Section 66

= * In February 2001, in one of the first cases, the Delhi police arrested two men running a web-hosting company. The company had shut down a website over non-payment of dues. The owner of the site had claimed that he had already paid and complained to the police. The Delhi police had charged the men for hacking under Section 66 of the IT Act and breach of trust under Section 408 of the
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
. The two men had to spend 6 days in
Tihar jail Tihar Prisons, also called Tihar Jail and Tihar Ashram, is a prison complex in India and the largest complex of prisons in South Asia. Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is on ...
waiting for bail. Bhavin Turakhia, chief executive officer of directi.com, a webhosting firm said that this interpretation of the law would be problematic for web-hosting companies.


=Section 66A Removed

= * In September 2010, a freelance
cartoonist A cartoonist is a visual artist who specializes in both drawing and writing cartoons (individual images) or comics (sequential images). Cartoonists differ from comics writers or comic book illustrators in that they produce both the literary and g ...
Aseem Trivedi Aseem Trivedi (born 17 February 1987) is an Indian political cartoonist and activist, known for his anti corruption campaign Cartoons Against Corruption. He is a founder member of Save Your Voice, a movement against internet censorship in Indi ...
was arrested under Section 66A of the IT Act, Section 2 of Prevention of Insults to National Honour Act, 1971 and for
sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, esta ...
under the Section 124 of the
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
. His cartoons depicting widespread corruption in India were considered offensive. * On 12 April 2012, a Chemistry professor from
Jadavpur University Jadavpur University is a public state university located in Jadavpur, Kolkata, West Bengal, India. It was established in 1905 as ''Bengal Technical Institute'' and was converted into Jadavpur University in 1955. In 2022, it was ranked fourth am ...
, Ambikesh Mahapatra, was arrested for sharing a cartoon of
West Bengal West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fou ...
Chief Minister
Mamata Banerjee Mamata Banerjee (; born 5 January 1955) is an Indian politician who is serving as the eighth and current chief minister of the Indian state of West Bengal since 20 May 2011, the first woman to hold the office. Having served many times as a ...
and then Railway Minister
Mukul Roy Mukul Roy (born 17 April 1954) is an Indian politician from West Bengal belonging to the All India Trinamool Congress. He has also served as a Minister of State in the Shipping Ministry and later Ministry of Railways during the second UPA gov ...
. The email was sent from the email address of a housing society. Subrata Sengupta, the secretary of the housing society, was also arrested. They were charged under Section 66A and B of the IT Act, for defamation under Sections 500, for obscene gesture to a woman under Section 509, and abetting a crime under Section 114 of the Indian Penal Code. * On 30 October 2012, a Puducherry businessman Ravi Srinivasan was arrested under Section 66A. He had sent tweet accusing
Karti Chidambaram Karti Chidambaram (born 16 November 1971) is an Indian politician and businessman. A member of the Indian National Congress, he serves as the Member of Parliament for Sivaganga in the Lok Sabha. He was elected in the 2019 Indian general elec ...
, son of then
Finance Minister A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation. A finance minister's portfolio has a large variety of names around the world, such as "treasury", ...
P. Chidambaram, of corruption. Karti Chidambaram had complained to the police. * On 19 November 2012, a 21-year-old girl was arrested from
Palghar Palghar () is a town in the Konkan division of Maharashtra state, India and a municipal council. It is in the Mumbai Metropolitan Region, and since 2014 it has been the administrative capital of the Palghar district. Palghar lies on the We ...
for posting a message on Facebook criticising the shutdown in Mumbai for the funeral of Bal Thackeray. Another 20-year-old girl was arrested for "liking" the post. They were initially charged under Section 295A of the Indian Penal Code (hurting religious sentiments) and Section 66A of the IT Act. Later, Section 295A was replaced by Section 505(2) (promoting enmity between classes). A group of
Shiv Sena Shiv Sena (IAST: ''Śiva Sēnā'') () was a right-wing to far-right Marathi regionalist and Hindu ultranationalist political party in India founded in 1966 by cartoonist Bal Thackeray. Originally emerging from nativist movements in Bom ...
workers vandalised a hospital run by the uncle of one of girls. On 31 January 2013, a local court dropped all charges against the girls. * On 18 March 2015, a teenaged boy was arrested from
Bareilly Bareilly () is a city in Bareilly district in the Indian state of Uttar Pradesh. It is among the largest metropolises in Western Uttar Pradesh and is the centre of the Bareilly division as well as the historical region of Rohilkhand. The ...
,
Uttar Pradesh Uttar Pradesh (; , 'Northern Province') is a state in northern India. With over 200 million inhabitants, it is the most populated state in India as well as the most populous country subdivision in the world. It was established in 195 ...
, for making a post on Facebook insulting politician Azam Khan. The post allegedly contained hate speech against a community and was falsely attributed to Azam Khan by the boy. He was charged under Section 66A of the IT Act, and Sections 153A (promoting enmity between different religions), 504 (intentional insult with intent to provoke breach of peace) and 505 (public mischief) of
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
. After the Section 66A was repealed on 24 March, the state government said that they would continue the prosecution under the remaining charges. Digital evidence collection and cyber forensics remain at a very nascent stage in India with few experts and less than adequate infrastructure. In recent cases, Indian Judiciary has recognized that tampering with digital evidence is very easy.


Other

Many Asian and Middle Eastern nations use any number of combinations of code-based regulation (one of Lessig's four methods of net regulation) to block material that their governments have deemed inappropriate for their citizens to view. PRC,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
and
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
are three examples of nations that have achieved high degrees of success in regulating their citizens' access to the Internet.


Electronic signature laws

*
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
– ''Electronic Transactions Act 1999'' (Cth) (also note that there is State and Territory mirror legislation) *
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
– Digital Signature Law 8454 (2005) *
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
Electronic Signatures Directive (1999/93/EC) *
Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
– E-Commerce Act 000**** U.S. –
Electronic Signatures in Global and National Commerce Act The Electronic Signatures in Global and National Commerce Act (ESIGN, , ) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by en ...
(ESIGN) * U.S. –
Government Paperwork Elimination Act The Government Paperwork Elimination Act (GPEA, Title XVII) requires that, when practicable, federal agencies use electronic forms, electronic filing, and electronic signatures to conduct official business with the public by 2003. In doing this, ...
(GPEA) * U.S. –
Uniform Commercial Code The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through U ...
(UCC) * U.S. – Uniform Electronic Transactions Act – adopted by 46 states * UK – s.7 Electronic Communications Act 2000


Information technology law

#Florida Electronic Security Act #Illinois Electronic Commerce Security Act #Texas Penal Code – Computer Crimes Statute #Maine Criminal Code – Computer Crimes # Singapore Electronic Transactions Act #Malaysia Computer Crimes Act #Malaysia Digital Signature Act #UNCITRAL Model Law on Electronic Commerce # Information Technology Act 2000 of India #Thailand Computer Crimes Act B.E.2550


Information Technology Guidelines

#ABA Digital Signature Guidelines #
United States Office of Management and Budget The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, pol ...


Enforcement agencies

The Information Technology Laws of various countries, and / or their criminal laws generally stipulate enforcement agencies, entrusted with the task of enforcing the legal provisions and requirements.


United States Federal Agencies

Many United States federal agencies oversee the use of information technology. Their regulations are promulgated in the
Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. ...
of the United States. Over 25 U.S. federal agencies have regulations concerning the use of digital and electronic signatures.


India

A live example of such an enforcement agency is Cyber Crime Police Station, Bangalore, India's first exclusive Cyber Crime enforcement agency. *Other examples of such enforcement agencies include: * Cydf Crime Investigation Cell of India's
Mumbai Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the secon ...
Police. *''Cyber Crime Police Station'' of the state
Government of Andhra Pradesh Government of Andhra Pradesh, abbreviated as, GOAP, or, Andhra Government, is the subnational government for the Indian state of Andhra Pradesh. It is an elected government with 175 MLAs elected to the Legislative Assembly of Andhra Pradesh fo ...
, India. This
Police station A police station (sometimes called a "station house" or just "house") is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, a ...
has jurisdiction over the entire state of
Andhra Pradesh Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
, and functions from the Hyderabad city. *In
South India South India, also known as Dakshina Bharata or Peninsular India, consists of the peninsular southern part of India. It encompasses the Indian states of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and Telangana, as well as the union terr ...
, the Crime Branch of Criminal Investigation Department, in Tamil Nadu, India, has a Cyber Crime Cell at
Chennai Chennai (, ), formerly known as Madras ( the official name until 1996), is the capital city of Tamil Nadu, the southernmost Indian state. The largest city of the state in area and population, Chennai is located on the Coromandel Coast of th ...
. *In
East India East India is a region of India consisting of the Indian states of Bihar, Jharkhand, Odisha and West Bengal and also the union territory of the Andaman and Nicobar Islands. The region roughly corresponds to the historical region of Magad ...
, Cyber Crime Cells have been set up by the Kolkata Police as well as the Criminal Investigation Department,
West Bengal West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the fou ...
.


Quotations

* "In Cyberspace, the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
is a local ordinance."
John Perry Barlow John Perry Barlow (October 3, 1947February 7, 2018) was an American poet, essayist, cattle rancher, and cyberlibertarian political activist who had been associated with both the Democratic and Republican parties. He was also a lyricist for th ...
, quoted by Mitchell Kapor in the foreword to ''The Big Dummy's Guide to the Internet'' * "National borders aren't even speed bumps on the information superhighway."
— Tim May, ''signature'', from 1996 * "Some governments are seeking to regulate the commercial use of personal data without enacting clear rules governing public sector use... The hoarding of data by nations or firms may reduce data generativity and the public benefits of data analysis."
Susan Ariel Aaronson, Digital Trade and Data Governance Hub Director,
George Washington University , mottoeng = "God is Our Trust" , established = , type = Private federally chartered research university , academic_affiliations = , endowment = $2.8 billion (2022) , presi ...
, from ''Data is disruptive: How data sovereignty is challenging data governance'', 2021.


See also

*
Berkman Center for Internet & Society The Berkman Klein Center for Internet & Society is a research center at Harvard University that focuses on the study of cyberspace. Founded at Harvard Law School, the center traditionally focused on internet-related legal issues. On May 15, 2008, ...
* ''
Bernstein v. United States ''Bernstein v. United States'' is a set of court cases brought by Daniel J. Bernstein challenging restrictions on the export of cryptography from the United States. History The case was first brought in 1995, when Bernstein was a student at U ...
'' and ''
Junger v. Daley ''Junger v. Daley'' is a court case brought by Peter Junger challenging restrictions on the export of encryption software outside of the United States. The case was first brought in 1996 (as ''Junger v. Christopher''), when Junger was a professor ...
'' – on free speech protection of software *
Computer forensics Computer forensics (also known as computer forensic science) is a branch of digital forensic science pertaining to evidence found in computers and digital storage media. The goal of computer forensics is to examine digital media in a forensica ...
*
Computer crime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing the ...
*
Cultural lag The difference between material culture and non-material culture is known as cultural lag. The term cultural lag refers to the notion that culture takes time to catch up with technological innovations, and the resulting social problems that are ca ...
* Data localization * Digital Millennium Copyright Act (DMCA) * Electronic Communications Privacy Act * Export of cryptography * :wikt:Transwiki:Glossary of legal terms in technology, Glossary of legal terms in technology * Software patent debate * ''Universal v. Reimerdes'' – test of DMCA * ''Ouellette v. Viacom International Inc.'' (DMCA and ADA) * Wassenaar Arrangement * ''Doe v. 2themart.com Inc.'' – First Amendment right to speak anonymously * ''United States v. Ivanov'' – Applying United States cyber-law to a foreign national operating outside the US Centers and groups for the study of cyberlaw and related areas * Berkman Center for Internet and Society at Harvard Law School * Centre for Internet and Society (India), Centre for Internet and Society, in Bangalore, India. * Institute for Information, Telecommunication and Media Law in Münster, Germany * Institute of Space and Telecommunications Law (IDEST) at University of Paris-Sud, Master's degree in Space Activities and Telecommunications Law * Norwegian Research Center for Computers and Law * Stanford Center for Internet and Society, at Stanford Law School Topics related to cyberlaw * Copyright, especially the Digital Millennium Copyright Act in the United States, and similar laws in other countries * Cyber defamation law * Digital Rights Management *
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
*
Internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
* Stop Online Piracy Act * Spamming * ''The Law of Cyber-Space'' (book) *FCC and state by state legislation about 5G and Small Cell Deployment in the U.S Conferences related to cyberlaw * State of Play (Conference series), State of Play, a conference series put on by the Institute for Information Law & Policy at New York Law School, concerning the intersection of virtual worlds, games and the law.


Notes


References

*A Murray, ''Information Technology Law: The Law and Society'' (3rd edn 2016) *''
Code and Other Laws of Cyberspace ''Code and Other Laws of Cyberspace'' is a 1999 book by Lawrence Lessig on the structure and nature of regulation of the Internet. Summary The primary idea of the book, as expressed in the title, is the notion that computer code (or "West Coast ...
,'' ''The Future of Ideas,'' and ''Free Culture (book), Free Culture'' by
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
*''Cyber Rights'' by Mike Godwin *''E-Commerce and Internet Law: Treatise with Forms 2d edition,'' by Ian C. Ballon


External links


Information Technology Law India – Bare ActInternet Law Resources
{{Authority control Computer law, de:Rechtsinformatik