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Chapter 9 _ Internet Law.docx

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University of Ottawa

Chapter 9Internet Law Policy and GovernanceInternet Law Policy and GovernanceDomains covered by cyberspace law includeoBusinessecommerce online contract law and financial law gambling and cyberfraudoMedicinetelemedicine online prescribing online pharmacies oEquitybroadband development and access education uses of Internet gender and race online poverty and unequal access to Internet digital divideoEducationplagiarism use of computers in schools content filtering for minorsoFreedom of Speechfreedom of expression obscenity pornography protection of children cultural rightsoIntellectual property issuescopyright law patent law trademarks gifts and online exchangesoPrivacycryptography and privacy protection for online transactions employment privacy personal information protection data securityoSecuritycybercrime spamming cyberstalking online harassment hacking identity theft terrorism Legal Implications of InternetoUnique characteristics in networked informationintangible geographically distributed recombinant and continually changing in formcharacterExisting legislation depends on demonstrable localizable and liable legal persons or ownersoInternet law arises from global nature of the Internet and its network infrastructure ProblemInternet users are able to evade national laws by accessing content or undertaking transactions through other territorial domains oInternet law doesnt really exist Law is developed from applications and extensions of the Internet Internet is largely unplanned and incoherent thus hard to govern Fragmentary adjustments to legislation are not suitable for the regulation of largescale Perspectives on Internet GovernanceGovernancean amalgam of policy regulation law commercial and consumer practices and organizational behaviourIn face of considerable uncertainty as to who has control of the Internet there is much concern over Internet governance especially as a partial antidote to the free rein of cyberlibertarian notionsRecognizes links between public and private sectors or between the market and the state Cyberlibertarianismposits primacy of freedom and especially economic freedom to allow markets to regulate human affairsElectronic Frontier Foundation EFF sees the Internet as a platform to allow every person to speak their mind and query the world to create their own point of view Freedom of speech itself is good however there are those who abuse it and hence society needs to give protection Internet has grown exponentially and user base has become more diverseDifferent PerspectiveMosco McChesney and SchilleroEarly promise of Internet as a democratic and decentralized alternative to commercial mass media was quickly swept aside as governments around world deregulated communication systems
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