Originally published as 18 Am. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S.
You can help by adding to it. February See also: Software 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 is an important component of IT law, including copyrightrules on fair useand special rules on copy protection for digital media, and circumvention of such schemes.
The area of software patents is controversialand still evolving in Europe and elsewhere. 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 accessdata privacy and spamming. There are also limits on the use of encryption 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 is also controlled. There are laws on censorship 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[ edit ] Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet.
Jurisdiction is an aspect of state sovereignty 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 lawsparticularly 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 Barlowfor 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". 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.
With the internationalism of the Internet, jurisdiction 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 accessdata privacy and spamming 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 " 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.
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. Thus, in the U. 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.I have long called myself a social conservative. I think it is very important to have standards for behaviour (etiquette) and defined roles. The problems with this system is not that it exists, but the lack of flexibility and the value placed on them.
Essay about Computer Misuse Act. In this article the Computer Misuse Act was raised. It states that a teenage from Dorset England.
Aaron Caffrey aged 19 had apparently sent a virus to another person computer while they . Misc thoughts, memories, proto-essays, musings, etc. And on that dread day, the Ineffable One will summon the artificers and makers of graven images, and He will command them to give life to their creations, and failing, they and their creations will be dedicated to the flames.
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Link to Departments website. The major in Accounting at UGA is designed to give students an understanding of the theory of accounting as it is used in our society: accounting standards, financial statement preparation, product costs, budgeting, taxation, auditing, risk assessment, and controls.
Vol.7, No.3, May, Mathematical and Natural Sciences. Study on Bilinear Scheme and Application to Three-dimensional Convective Equation (Itaru Hataue and Yosuke Matsuda).