Examining Cybercrime, Defamation, and Internet Law Challenges

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Added on  2023/01/09

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This report delves into the multifaceted realm of internet law, examining critical issues such as cybercrime, defamation, and the application of legal principles in the digital sphere. The study begins by evaluating the need for new rules and scrutinizing existing laws in light of evolving online challenges. It then investigates the legal issues associated with cybercrime, including the theft of personal information and the trafficking of child pornography, while also exploring the implications of data protection regulations like GDPR. Furthermore, the report analyzes the protection of liability from defamation under Section 230 of the U.S. Communications Decency Act, discussing whether its adoption is appropriate within various jurisdictions. The analysis highlights the importance of balancing free speech with the need to protect minors from inappropriate content and the safeguarding of individual privacy in the face of data breaches and governmental surveillance. The report concludes by summarizing the key findings and emphasizing the significance of adapting legal frameworks to effectively govern the internet's dynamic landscape.
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Law of internet
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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
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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
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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 key legal 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
protecting the various online service providers. Protection against the potential liability
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.
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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.
In Comparative 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. In Crime 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).
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