There is much to be concerned about with the easy accessibility of the Internet in modern society. Nearly any piece of information you could think of is available online and, whether people are really aware of it or not, this includes your personal information, as well. It does not matter if you actively use a social media website or not, your information is still documented on sites such as the white pages or even when you pay a bill online – in fact, people that have never used a computer before in their lives are even documented online. Thus, one of the most important legal issues to exist on the web today is cyber crime. “Human rights such as the right to private life, freedom of expression and information and intellectual property rights need to be reviewed and reinterpreted in the light of the evolution of Internet applications.” Napoleon Xanthoulis, Vice-President of the UCL Student Human Rights Programme (UCLSHRP) (http://www.ucl.ac.uk/news/news-articles/1010/10102602).
Why are cyber crimes a relevant issue in modern society? It’s easy to steal someone’s identity on the internet. An individual’s personal computer, billing accounts, bank accounts, email, and more can easily be hacked through a variety of methods or just simple computer proficiency, and it is an effective way of seriously ruining someone’s life. There are, of course, other legal issues that may be less serious or perhaps more so on a federal statute level. For instance, there are limitations on the first amendment to freedom of speech on the internet – such as defamation, breach of contract, tortuous interference with business, and securities fraud – and this also includes online harassment in the form of bullying! Perhaps the most well known legal issue of the internet, however, is child pornography. “The Child Online Protection Act (COPA) makes it a crime to publish ‘any communication for commercial purposes that includes sexual material that is harmful to minors, without restricting access to such material by minors.’” (http://www.offthepagecreations.com/legal_issues_internet.php)
Andrew Murray, Reader in Law at London School of Economics (LSE), argued that “with so much of our lives reliant on online access – banking, communications, social networking, relaxation, content delivery etc. do we need more than just a right to access? Is it now time for a Cyberspace Bill of Rights?” (http://www.ucl.ac.uk/news/news-articles/1010/10102602). Alternatively, social networking sites are held to two important statutes: Section 512(c) of the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act. What do these mean? “Section 512(c) removes liability for copyright infringement from websites that allow users to post content, as long as the site has a mechanism in place whereby the copyright owner can request the removal of infringing content. The site must also not receive a financial benefit directly attributable to the infringing activity.” (http://technology.findlaw.com/modern-law-practice/understanding-the-legal-issues-for-social-networking-sites-and.html). In plain terms, sites like YouTube can claim the 512(c) defense in a lawsuit against media giants suing for content violations. Lastly, we have Section 230: “Section 230 of the Communications Decency Act immunizes website from certain liability resulting from the publication of information provided by another. This usually arises in the context of defamation, privacy, negligence and other tort claims. It does not however, cover criminal liability, copyright infringement or other intellectual property claims.” (http://technology.findlaw.com/modern-law-practice/understanding-the-legal-issues-for-social-networking-sites-and.html). This statute protects the social website from certain liability of publication when a user posts defamatory or otherwise illegal content. Ultimately, this begs the question: will legislation push to protect the privacy of users and their own personal copyright, or continue to create loopholes with social networking sites that are bound legally to the media industry? Andrew Murray may have the right idea about a Cyberspace Bill of Rights.
No comments:
Post a Comment