Rights In Cyberspace Research Articles

Human Rights in Cyber Space

Cyberspace the space of modern world which anyone can join and is the best platform in today's world to express their own views without any hesitation and hussle. But are we truly free in cyberspace that's the big question in today's world. We as human beings have certain rights which our constitution has given from article 14 of the constitution of India, but the rights in cyberspace are not only for any specific country but for world at large and should be unified. This paper tells about and highlights the same human rights in cyberspace and how it should be exercised.

PROBLEMS AND PROSPECTS FOR THE OBSERVANCE OF THE RIGHTS OF THE CHILD ON THE INTERNET

The article examines the issues of observance of children's rights on the Internet, with special attention paid to the protection of the rights of minors as the category most exposed to risks and threats in cyberspace, as well as the prospects for measures to strengthen the functions of monitoring the behavior of children – Internet users. In general, despite the fact that nowadays there are many claims that the progression of information technology will negatively affect the proper development of millions of children around the world, both psychologically and physically, there are also almost no points of view that it is necessary to properly use the development of this trend. Of course, it is worth noting that the Internet is a deeper medium than the ocean, in which there is not a single end. On his face there are all the pros and cons of the name of humanity. It is a tool that is always used for good and evil. Our task is to reduce the harmful effects and expand the possibilities of digital technologies. The study notes that children need help and protection from adults, including from the state, because they cannot independently protect themselves from harmful influences emanating from some people in cyberspace because of their age. The purpose of this study is to analyze the current state of the system and the protection of children's rights, as well as to develop effective recommendations for improving the level of protection of children on the Internet. On the basis of general scientific and special legal methods of scientific research, the issues of observance of the rights of the child on the Internet are considered. The result of the study is recommendations aimed at improving legal measures to respect and protect the rights of the child on the Internet, including the addition of legal norms aimed at protecting the rights of the child on the Internet. The article substantiates the conclusion that the issues of observance of children's rights on the Internet involve countering threats not only through legal measures, but also by creating a system of organizational and material measures to form a common information culture among the population in order to ensure respect for children's rights in cyberspace.

GENESIS OF THE LEGAL REGULATION OF THE FUNCTIONING OF INTELLECTUAL PROPERTY INSTITUTIONS IN CYBERSPACE

Purpose: this scientific research is devoted to the study and analysis of the genesis of the legal regulation of the functioning of intellectual property institutions in cyberspace and then use the results of it as the basis for removing the shortcomings in the previously adopted local normative legal acts. The methodological basis of the study comprises general scientific, historical-comparative, philosophical, and ideological, methods of analysis and special methods. Results: the protection of intellectual property rights in cyberspace is a complex task and should be carried out based on modern legislation, the development of which is important to be carried out based on an analysis of the shortcomings and advantages of previous legislation in this area. That is why the genesis of appropriate legal regulation of the functioning of intellectual property institutions in general and in the digital environment is extremely important. The author made a comprehensive analysis of such genesis and provided her recommendations for the further implementation of new norms regarding the regulation of intellectual property issues in cyberspace. Discussion: a consistent in-depth analysis of historical aspects of the creation and formation of intellectual property law institutions in general and directly in cyberspace, clarification of the essence of legal regulation of the relevant sphere, and research of regulatory and legal acts of Ukraine.

북한의 과학기술 법제 동향과 사이버상 북한주민의 권리보호

북한은 국제사회의 대북제재가 강화되고 있는 국면에서도 정보통신망에서의 기술을 축적하면서 경제회생을 위한 노력을 경주하고 있다. 과학기술중시 정책을 추진하고 이를 제도적으로 뒷받침하는 과학기술법령을 적극 정비하고 있다. 과학기술법령의 분석은 과학기술 정책목표와 발전방향을 찾는 데 중요하다. 아울러 북한의 사이버공간에 대한 관리와 통제방식과 이로부터 나타나는 북한주민의 기본권 보장의 현황, 실태와 문제점을 알아본다.BR 이 연구는 북한의 과학기술 법령의 체계와 내용, 특징을 분석한다. 또한, 최근 북한의 사이버 관련 법령상 보장하고 있는 북한 주민의 기본권 보호의 현실과 문제점을 찾아본다. 북한은 첨단과학기술을 도입하고, 첨단기술산업 육성과 우주개발을 강화하고, 자체 개발로 정보화를 추진하면서 자동화･현대화･무인화 및 국산화라는 목표를 세우고 있다. 이 목표를 달성하기 위해 지식인의 능력 제고와 이들에 대한 우대혜택을 확대하고 있다. 그렇지만 북한주민에 대한 실질적인 기본권의 보장 없이는 소기의 성과를 이루기 어렵다. 과학기술중시와 첨단산업 발전의 기본토대로 사이버공간에서의 권리보호 조치가 미흡하면 그 정책의 성공을 말하기 어렵다. 국방과학과 군수공업에 편중된 과학기술정책은 한계를 가진다. 민생경제 부문이 함께 성공하여야 한다. 그리고 무엇보다 과학기술중시 정책이 북한주민에 대한 정보접근권의 제한조치의 정당화 논리로 활용되어서는 안된다. 이 정책은 북한주민의 표현의 자유를 확장하는 방향에서 발전되어야 한다.BR 북한의 과학기술중시 정책은 현재의 기술적 기반을 토대로 하되 인력 양성의 균형을 꾀하고 북한주민을 향한 정책, 즉 주민의 기본적 권리를 보장하는 방향에서 추진되어야 한다. 북한에 대해 정보공개의 길을 열어나가도록 북한의 기본권 보장을 위한 행동을 촉구하는 것과 함께 국제사회의 협력을 확충하는 일을 병행하여 나가야 한다.

Criminal and legal protection of cyber virtual property in modern China

With the rapid development of Internet technologies, the term “virtual property” is increasingly attracting public attention. From game gold coins and game weapons that originally exist in online games, to the virtual currency represented by Tencent Q coins, also to the current bitcoin, etc. Their forms and functions are becoming more diverse, at the same time, their impact on people's lives is also increasing. In recent years, there has been a gradual increase in cases of violations of virtual property rights in cyberspace. The Civil Code of the People’s Republic of China directly included virtual property in the sphere of protection, but there are no clear provisions on this in the criminal legislation of the country yet. New types of cybercrime cases create problems for the application of traditional elements of crimes. How exactly to apply criminal legislation to regulate violations of virtual property has become an urgent problem. In this article, in the aspects of Chinese legislation and judicial practice on the protection of virtual property, a comprehensive analysis of the relevant controversial issues in the field of criminal protection of cyber-virtual property is carried out. According to the author, the Civil Code of the People’s Republic of China contains only guidelines on virtual property and does not clearly give its legal nature. At the same time, gaps in the regulation of Chinese criminal legislation on the protection of virtual property have created a dilemma in judicial practice regarding the application of laws to violations of virtual property. After the Amendments to the Criminal Code of the People’s Republic of China No. 7 introduced into the criminal legislation the corpus delicti – “Illegal acquisition of computer information system data” (Part 2 of Article 285), the question of the application of the criminal law in relation to the illegal acquisition of virtual property caused a heated discussion. It seems that it is necessary to classify virtual property based on its content so that law enforcement officers can accurately understand the legal attributes of various virtual objects and provide them with appropriate criminal protection.

Application of Fundamental Rights in Cyberspace: A Dissection of the Digital Security Act

Application of Fundamental Rights in Cyberspace: A Dissection of the Digital Security Act

E-Government and Privacy (Challenges and Solutions)

E-government, with all its advantages in improving government processes, reducing costs, reducing bureaucracy, creating an e-community and facilitating communication with citizens, also has its weaknesses. The most important concern about the development and growth of e-government is the violation of citizens' rights in cyberspace. One of the most important citizenship rights in cyberspace is the right to information privacy. Information privacy is a right. The right that individuals have to control their information against misplaced searches, eavesdropping, spying, misappropriation and misuse of personal information. In this article, the concept and models of e-government are examined and the concept of citizens' information privacy and its relationship with e-government is stated. For citizens' information privacy in e-government, the challenge of information privacy and e-government maturity, the challenge of information privacy and public interest, the protection of information privacy and freedom of information and the challenge of granting citizens the right to access information in e-government are the most important challenges of this study. have been identified

ERASING THE ARCHIVES: RIGHT TO BE FORGOTTEN IN CYBER WORLD

The complexity of human memory can be traced to the ‘Internet of things as well. The evolving digital space has witnessed & recorded the life of humans across the timeline of their usage. Due to the eternal memory of the internet along with its wide accessibility, the threat of the digital past is a contemporary issue for internet users globally. This implication of remembering everything, while deleting nothing has raised a recent discourse on the “Right to be Forgotten” (RTBF hereinafter) digitally. Thus, RTBF empowers an individual to control the accessibility of his information available online. However, in India, the recent regulation of the Information/data by the legislation is quite limited wherein RTBF is still an alien concept. Henceforth, this paper hypothesizes the essentiality of the RTBF in Indian domestic law. The paper will attempt to establish the necessity & consequences of recognition of such social forgetfulness rights in cyberspace.

It’s the End of the (Offline) World as We Know It: From Human Rights to Digital Human Rights – A Proposed Typology

Abstract ‘The same rights that people have offline must also be protected online’ is used in recent years as a dominant concept in international discourse about human rights in cyberspace. But does this notion of ‘normative equivalency’ between the ‘offline’ and the ‘online’ afford effective protection for human rights in the digital age? This is the question at the heart of this article. We first review the development of human rights in cyberspace as they were conceptualized and articulated in international fora and critically evaluate the normative equivalency paradigm adopted by international bodies for the online application of human rights. We then attempt to describe the contours of a new digital human rights framework, which goes beyond the normative equivalency paradigm. We offer in this connection a typology of three ‘generations’ or modalities in the evolution of digital human rights – the radical reinterpretation of existing rights, the development of new rights and the introduction of new right and duty holders. In particular, we focus on the emergence of new digital human rights, present two prototype rights (the right to Internet access and the right not to be subject to automated decision) and discuss the normative justifications invoked for recognizing these new digital human rights. We propose that such a multilayered framework corresponds better than the normative equivalency paradigm to the unique features and challenges of upholding human rights in cyberspace.

The Infodemic as a Threat to Cybersecurity

ABSTRACT The infodemic has become a means to facilitate the exploitation of weaknesses in digital networks and launch cyberattacks against vulnerable communities and vital services, highlighting a lack of cybersecurity in critical infrastructure. This paper will delve into the caveats of the cyber threats posed by the infodemic and what it means for the broader network of cybersecurity and the protection of human rights in cyberspace. It will also examine the damage sustained by vulnerable groups as a result of cyberattacks, particularly in light of COVID-19. The infodemic has created a situation where malicious cyber actors spread false information to manipulate human nature and deceive individuals, leaving them susceptible to devastating attacks that risk producing physical and financial harm. This has the effect of undermining human security, dignity and equity in cyberspace. The situation is further exacerbated by the lack of accountability that operates as a carte blanche for cybercriminals to continue with illicit operations against vulnerable persons.

Digital Constitutionalism and Constitutional Jurisdiction: A Research Agenda for the Brazilian Case

This paper discusses how normative principles from Digital Constitutionalism might guide the Constitutional Courts' judicial review of Internet laws, such as the Brazilian Internet Civil Framework. It argues that effective protection of fundamental rights in cyberspace requires a judicial review framework open to (i) a redefinition of the traditional perspective of horizontal effects of constitutional rights and (ii) a comprehensive understanding of the re-territorialization phenomenon of the Internet. These possibilities are examined from the discussions on the online intermediaries' civil liabilities and the jurisdictional cross-border battles for digital evidence.

The freedom of speech and right of access to information in the
 emerging system of international information security

The subject. The article is devoted to the analysis of the freedom of speech and access to information in the context of the emerging system of international information security. The purpose of the article is to try to predict the positive and negative consequences of changing international relations in the digital age, to determine the role of freedom of speech and access to information in the context of confrontation between Russia and the United States. The research presented in this article was carried out by combining different disciplinary approaches, including comparative law, comparative politics and international relations, political theory and sociology. Moreover, study includes methods of dialectical logic, analysis and synthesis, as well as formal legal analysis of international legal acts of the UN. The main results and scope of their application. The rights of freedom of speech and access to information is undoubtedly one of the main in the global digital communication context. Degree of implementation of human and citizen rights to freedom of expression and access to information are indicators of political processes, the pace of building a civil society and legal state in current country. These rights are the foundation of modern democracy. The authors carry out a systematic analysis of the categories “freedom of speech” and “the right to access information”, identify the features of implementation of these rights in cyberspace, analyze international practice of legal regulation of these rights and assess the place and role of these rights in the emerging system of international information security. A legal analysis of international legal acts shows that the positions of the United States and the Russian Federation in the field of international information security are gradually converging, and the convergence is going in the direction of the Russian position Conclusions. The limits on the exercise of freedom of speech and access to information do not correspond to the level of development of public relations, because there are no effective legal tools to prevent defamation in the mass media, which in turn can lead to conflict between countries. It is concluded that there is a need for active international cooperation and consistent unification of the legislation of various countries, taking into account that freedom of speech and access to information in cyberspace should have the same level of protection as in the physical world.

Sposoby naruszania dóbr osobistych w Internecie – zagadnienia wybrane

One of the many divisions of personal rights was the division into rights which can be infringed on the Internet and those that cannot be violated in this way. Nowadays, it should be assumed that practically all personal rights may be endangered or violated on the Internet. Moreover, the role of identifying, indicating and describing the basic ways that violate personal rights in cyberspace is increasing. The use of cookies, sniffing, phishing, the Heartbleed bug, spam, deep links, Cloud Computing, the use of the Google Maps application, and the registration and use of Internet domains are just the most common examples. The development of these cutting-edge technologies has led to significant violations of privacy rights.

'European Digital Sovereignty': Successfully Navigating Between the 'Brussels Effect' and Europe’s Quest for Strategic Autonomy

'European Digital Sovereignty': Successfully Navigating Between the 'Brussels Effect' and Europe’s Quest for Strategic Autonomy

Human Rights in Cyberspace. Searching a New Legal Order in Cybersociety

The subject of this paper is a reflection on the changes in society structure caused by technical and technological progress. As a result of these transformations, the border between real and virtual world is being bleared. The society is becoming the cyber society. The basic searching hypothesis is the statement, according to which, we need to find appropriate rules of positive law, ethical, moral and religious norms, that would be able to create a new social order in cyberspace. The aim in this paper is, to find the answer to the question if human rights can become a basis of a new social order for cyber society. In final conclusion it is shown that human rights can be the warrant of new social order, however, they require a profound content redefining, and the hierarchy of human rights revaluation, taking into consideration not only scientific achievements, but also world view pluralism, common in cyber society.

Digital privacy and virtues of multilateral digital constitutionalism—preliminary thoughts

The Snowden revelations of mass digital surveillance practices of the USA and its allies have shaken grounds on many fronts. One profound impact of the leaks is felt in the human rights spectrum, particularly concerning the right to digital privacy. Digital privacy has since gained a whole new salience in the international arena. The revelations have prompted legislators to propose and enact new legislation in several countries. Civil societies—that pioneer in championing rights in cyberspace—have also refreshed their efforts in the wake of the Snowden debacle. The disclosures have also engendered new efforts by the United Nations (UN) towards stronger privacy safeguards in the digital age. Recent digital constitutionalism efforts suffer from a number of drawbacks, however. The major challenge concerns the piecemeal and fragmented nature of these legislative efforts. Not only are these ‘Internet bill of rights’ initiatives taking foot only in a handful of countries, but also that they raise concern of feasibility. The normative strength and hence real impact of these bills of right which are only being envisioned in terms of ‘exhortations’ is also to be called into question. This article instead proposes the adoption of a UN Declaration of Internet Rights as a pragmatic approach for upholding digital privacy rights. It further details normative and institutional considerations that must inform the crafting of the proposed Declaration.

Sovereignty in Cyberspace: Lex Lata Vel Non?

Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is generally employed in its broadest sense, one that signifies freedom from external control and influence. For instance, when Western states raise the issue of human rights in cyberspace, those on the opposite side of the negotiating table fall back on sovereignty-based arguments. Mention of sovereignty in consensus documents is consequently often the price that liberal democracies pay to advance their policy priorities, such as individual freedoms and the availability of self-help measures in response to hostile cyber operations.

Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law

Cyberspace is considered as one of the most modern means for the conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of credibility, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on the formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Acts and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations of the contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace, but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of the location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.

Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law

Cyberspace is considered as one of the most modern means for conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of creditability, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Act and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations at contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.

The Humanization of Internet Governance: A Roadmap Towards a Comprehensive Global (Human) Rights Architecture for the Internet

The promotion and protection of human rights on the Internet is discussed in different settings with varying intensity. Stakeholders regularly commit to human rights as an overarching goal, but fail to agree on ways to effectively ‘humanize’ Internet Governance models. This paper aims to fill this lacuna by clarifying what elements a human rights-sensitive Internet Governance set-up should contain and what a roadmap towards a comprehensive global (human) rights architecture for the Internet may look like. After a brief introduction (Section 1) we argue that the protection of (human) rights in cyberspace is particularly difficult in light of the global institutional ecology which is characterized by the progressive subversion of hierarchies and the subsequent change in relationship between states and individuals. An analysis of the rights relevant in the Internet and the architecture established for their protection leads to the conclusion that drafting a new convention on (human) rights on the Internet – in the traditional UN framework – will not enhance the information society-related protection level of the already-existing collection of human rights treaties (Section 2). Subsequently we show, with the help of the example of the struggle against hate speech, why the current framework for protecting human rights in cyberspace is in need of further improvement (Section 3). Section 4 is devoted to the standards, actors and the structure of a humanized Internet Governance solution. They address the influence of the International Bill of Rights on an Internet Bill of Rights and analyze the role of the Dynamic Coalition on an Internet Bill of Rights in furthering a humanized Internet Governance solution. Section 5 considers the feasibility and assesses the impact of developing a human rights platform for the Internet as a transnational, non-hierarchical, integrative social contract providing for an institutional ecology to promote a global humanistic, rights-based Internet Governance regime.