This study examines the law of internet, including the need for new rules and the legal issues associated with cyber crime. It also discusses the protection of liability from defamation within Section 230. Learn about privacy violations, data protection regulations, and the EU-US Privacy Shield framework.
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TABLE OF CONTENTS INTRODUCTION...........................................................................................................................1 MAIN BODY...................................................................................................................................1 Question 1. Determining if there is need to devise new rules and examine the law of horse.....1 Question 2. Examines the legal issues which are associated with the law of internet................2 Question 3. Signifies the protection of the liability from the defamation within the section 230 should or shouldn’t be adopted within the jurisdiction...............................................................2 CONCLUSION................................................................................................................................3 REFERENCES................................................................................................................................4
INTRODUCTION The law of internet is mainly referred to as how the legislations and legal principle tends to effectively govern how to effectively use the internet (Shimizu, 2020). This study will highlight on determining if there is need to devise new rules and examine the law of horse. This study also examines the legal issues which are associated with the law of internet. Furthermore, this study also critically signifies the protection of the liability from the defamation within the section 230 should or shouldn’t be adopted within the jurisdiction. MAIN BODY Question 1. Determining if there is need to devise new rules and examine the law of horse. Cyber crime is considered to be as one of the key legal issue which has been faced by the individual on the internet.The cyber crime is considered to be the use of the various illegal ends which eventually results in the commitment of the fraud (Tsuji, 2018). The cyber crime in turn results in the trafficking of the child pornography, stealing of the personal information over the internet.The law of horse tends to significantly define that, there are various set of legal legislations and studies. There are various set of significant internet laws which mainly includes Federal Wire Fraud Statute, Child Pornography Prevention Act of 1996, Computer Fraud and Abuse Act, Electronic Communications Privacy Act, GDPR act, etc. The general data protection regulation act comply with seven key principles which includes consent, right to access, right to erasure, breach notification, data portability, data protection officers and privacy by design (Zeller, B and et.al., 2019). Consent principle tends to state that affirmative and clear consent is necessary to process the individual data. The right to access principle states that the individual person has the right to know which data has been held and which data has been used and why it has been used. The third principle related with the right to erasure where the individual may request on deleting the data and further processing is not considered to be justified.The data portability principle states that individual may want to transfer the key information to another company. Breach notification states that both individuals and supervisor authorities must be effectively notified within 72 hours in case of breach of data. Privacy by design principle tends to state that the data protection must be effectively incorporated within the system (Kiyohara, 2017). Proper anonymization and encryption of data must be built. The principle of data protection officers states that large organisation must accurately designate data protection officer 1
who has complete expert knowledge related with data protection practice and data protection law. Question 2. Examines the legal issues which are associated with the law of internet. The key relevant legal issues which is linked with the cyber crime is that it eventually results in the violation of the privacy by hacking personal and key important information over the internet. Another key legal issues associated with the internet are the trafficking of the intellectual property which hampers the working of the company.The key legal issues associated with the internet includes trafficking of the child pornography, stealing of the personal information over the internet (Han, 2018). The key legal issues associated with the law of internet in turn mainly includes the CCTV cameras taking pictures, acquisition of the key relevant information by the government. The OS software which has been installed with the phone tracks data. Acquisition of the location of the data, etc. are the keylegal issues which are associated with the law of internet. EU-US Privacy Shield framework is considered to be highly significant as it is useful in regulating the various transactional exchanges related with the personal information between the United States and European Union (Han, 2018). The privacy shield framework is highly protecting the key various fundamental rights at the time of transmitting personal set of information. However, this is considered to be as one of the effective solution to provide solution to the problem. Question 3. Signifies the protection of the liability from the defamation within the section 230 should or shouldn’t be adopted within the jurisdiction. U.S. Communications Decency Act (CDA) Section 230 is considered to be highly significant in protectingthevariousonlineserviceproviders.Protectionagainstthepotentialliability associated with the defamation. CDA Section 230 is considered to be crucial in developing various online services (Stuckey and Ellis, 2019). This is one of the key reason that most of the online services has been located within US. However, U.S. Communications Decency Act must be adopted by making small set of modifications in order to effectively response to the key concerns who are linked with the concerns of the minors who has relevant access to the inappropriate data sets over the internet. U.S. Communications Decency Act (CDA) Section 230 is significant because it helps in effectively preventing the minors in order to gain access to the inappropriate set of data. The act helps in providing good access to the faith which restricts in accessing to the irrelevant set of information, objectionable content, violent content, etc. 2
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However, the US jurisdiction must comply with the U.S. Communications Decency Act (CDA) Section 230 because it helps in protecting the key relevant information and is also significant in restricting the individual to get access to the information over the internet. CONCLUSION From the conducted study it has been summarized that,The general data protection regulation is significant in protecting personal and relevant information of the individual from getting hacked. The key relevant legal issues which is linked with the cyber crime is that it eventually results in the violation of the privacy by hacking personal and key important information over the internet. EU-US Privacy Shield framework is considered to be highly significant as it is useful in regulating the various transactional exchanges. U.S. Communications Decency Act (CDA) Section 230 is considered to be highly significant in protecting the various online service providers. 3
REFERENCES Books and Journals Han, D., 2018. Search boundaries: human flesh search, privacy law, and internet regulation in China.Asian Journal of Communication,28(4), pp.434-447. Kiyohara, S., 2017. Comparing institutional factors that influence Internet campaigning in the US, Japan, South Korea, and Taiwan.Internet Election Campaigns in the United States, Japan, South Korea, and Taiwan, Palgrave Macmillan, pp.55-78. Shimizu, J., 2020. Defamation and privacy law in Japan–from a comparative perspective. InComparative Privacy and Defamation. Edward Elgar Publishing. Stuckey, K.D. and Ellis, R.L., 2019.Internet and online law. Law Journal Press. Svantesson, D.J.B., 2016.Private international law and the internet. Kluwer Law International BV. Tsuji, Y., 2018. Crime Victims’ Protection Under the Free Speech Law in Japan. InCrime and Justice in Contemporary Japan(pp. 253-271). Springer, Cham. Zeller, B and et.al., 2019. The Right to Be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore). 4