Rights In Cyberspace Research Articles

Rethinking Shevill. Conceptualising the EU private international law of Internet torts against personality rights

Neither EU nor Member States’ legislators or courts have to date found satisfying answers to the legal challenges of transnational violations of personality rights, such as reputation or privacy, in cyberspace. These challenges involve in particular the interpretation of EU private international law rules governing jurisdiction. Due to the Internet's ubiquitous character, applying the ECJ's Shevill doctrine from 1995 to transnational violations of personality rights in cyberspace would lead to limitless jurisdiction, thereby causing the risk of severe chilling effects on online publications. If behaving in a prudent and precautionary manner, website operators would have to adjust to the standards of the most restrictive jurisdiction. In its decision eDate Advertising and Martinez v MGN (Cases C-509/09 and C-161/10), the CJEU amended the Shevill doctrine by establishing a ‘centre of interests’ criterion. The article will argue that although the introduction of the ‘centre of interests’ test is to be appreciated, it is insufficient to merely amend Shevill; rather, the ‘centre of interests’ criterion should replace the existing Shevill ‘mosaic principle’.

E-contracts and consumer protection under Brazilian law

Electronic fraud related to online contracts is a threat to both consumers and e-businesses. This article addresses e-frauds under the perspective of the enforcement of consumer protection laws in Brazil. It reviews the principles of the Brazilian Consumer Protection Code and analyses the application of some consumer's rights in cyberspace. It analyses some domestic and international consumer electronic transaction cases and the effects of the inversion of the burden of proof in favour of consumers. It suggests that credit card holders should be required to issue a specific authorisation for use in cyberspace.

Do we need new rights in Cyberspace? Discussing the case of how to define on-line privacy in an Internet Bill of Rights

During the early days of Internet it was widely defended that being in an on-line environment clearly transformed some human rights; and might even create new ones. We argue for the consideration of an Internet Bill of Rights (IBR) however rather than inventing new rights, we propose that some rights have to be reconsidered within the emerging virtual context. Privacy, anonymity, freedom of expression, and so are not exactly the same rights we have in the realm of our physical being. What changes are some inarticulate contextual conditions, which make some people think that rights are actually changing. This has theoretical implications. We attempt to show that there is no need to re-think rights like privacy from the beginning, or even eliminate it, as some scholars propose. It also has implications for policy making, as it provides a general methodology to consider and adapt to virtual contexts in order to assure that basic human rights can be correctly applied and defended in cyberspace.

Fundamental rights in cyberspace and internet customary law

Internet commerce continues to flourish notwithstanding the lack of predictable international legal framework. Despite the efforts of numerous international organisations, so far no international treaty dealing with the internet has come into force. It is argued that the internet community has managed to successfully function because it has developed a unique normative culture. The objective of this paper is to discuss the fundamental customary rights such as the freedom of linking and copying that have been developed over the last decade by the internet community. The paper draws on the concept of custom as a potential remedy in removing legal uncertainty in the electronic environment.

Privacy and the Need for an Internet Bill of Rights: Are There New Rights in Cyberspace?

During the early days of the internet it was widely defended that being in an on-line environment clearly transformed some human rights; and might even create new ones. We argue for the consideration of an Internet Bill of Rights (IBR) however rather than inventing new rights, we propose that some rights have to be reconsidered within the emerging virtual context. Privacy, anonymity, freedom of expression, and so are not exactly the same rights we have in the realm of our physical being. What changes are some inarticulate contextual conditions, which make some people think that the rights are actually changing. This has theoretical implications. We attempt to show that there is no need to re-think rights like privacy from the beginning, or even eliminate it, as some scholars propose. It also has implications for policy making, as it provides a general methodology to consider and adapt to virtual contexts in order to assure that basic human rights can be correctly applied and defended in Cyberspace.

How should we deal with human rights in cyberspace? some remarks

The main purpose of this paper is to situate the concept of ‘code’ as a new means of control of social behaviour within the human rights debate. It also briefly maps the possible models of human rights protection in the realm of cyberspace.

In Epicurean Delight for Privacy Advocates

EPIC ( www.epic.org) is a public interest research centre based in Washington DC. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. A project of the Fund for Constitutional Government, the EPIC website contains valuable links to many important sites dealing with the issues of privacy, liberty, free expression, human rights and consumer affairs on the Internet. EPIC works in association with Privacy International, an international human rights group based in London, and is also a member of the Global Internet Liberty Campaign, the Internet Free Expression Alliance, the Internet Privacy Coalition, and the Trans Atlantic Consumer Dialogue (TACD). So, if you wish to learn about privacy, the First Amendment and Freedom of Information Act court cases brought by the legal team at EPIC, as well as about defending your rights in cyberspace, this site will serve as a one stop shop to educate you and address all of your concerns.

On authors' rights in cyberspace: Questioning the need for new international rules on authors' rights in cyberspace

How will the availability of information over the Internet affect authors and their readers and publishers? Decisions over access to electronic information are being made on national and international levels with little regard for new technologies and their impact on new markets. New regulations may indeed only restrict access to information and impede the application of new technologies by authors and their audiences. Additionally, these legal solutions may only retard the development of more appropriate models for cyberspace.

Property Rights in Cyberspace: Copyright Law in the Internet Era

ABSTRACT The rights and interests of authors, compilers, database creators and copyright owners are colliding with the rights and interests of educators, scholars, researchers, and librarians on the information superhighway. Copyright law effectively balances their competing rights and interests in traditional forms of expression and communication, but copyright's effectiveness is tested in our fast changing digital era by the ease with which ideas, information, and copyrighted materials can be reproduced, modified, linked, and transmitted to many persons in an instant. Recommendations for changes in copyright law have been made, but many persons believe that the balance is shifting too far in favor of the rights and interests of copyright owners. The debate over the appropriate balance between these competing rights and interests in cyberspace will continue with the expansion of the information superhighway.