Lessig argued that those who assume that cyberspace is by its nature immune from centralized control are wrong. Critically review the proposition and the possible reasons why the internet is becoming increasingly regulated.
. “Lessig argued that those who assume that cyberspace is by its nature immune from centralized control are wrong, and that the actions of market participants and governmental entities threaten to turn virtual space into a highly regulated place, one where the behavior of individuals is even more tightly constrained than in real space.” Julia D. Mahoney ‘Lawrence Lessig’s Dystopian Vision’ (2004) 90 Virginia Law Review, 2305 Critically review the proposition and the possible reasons why the internet is becoming increasingly regulated. “Clearly, there is a need for governance, but that does not necessarily mean that it has to be done in the traditional way, for something that is so very different”[1]. When Koffi Annan spoke at the Global Forum on Internet Governance held on 2004, he puts forward the debate raised by the challenge of a public and private control of cyberspace in the context of the information society. This revolution is supposed to have an effect in our life by changing the way we communicate with each other through cyberspace. This medium could be defined as a collection of infrastructures connected by networks, which enable communication and the storage of electronic information[2]. Here, the distinction between cyberspace and internet is not revelant, therefore both terms will be used interchangeably. Contrary to what was the main idea in
Research Methods. With reference to particular examples of published research, critically evaluate the use made of empirical methods, in contemporary debates on law reform in the area of, contact between children and non-resident parents.
Research Methods: With reference to particular examples of published research, critically evaluate the use made of empirical methods, in contemporary debates on law reform in the area of, contact between children and non-resident parents. I searched for published research on my subject matter using a variety of advanced research methods to search the web. I used a range of different databases to find the literature contained in my bibliography. All the material which I obtained involved empirical methods. Whilst the majority of my items did not consist solely of original research, they all drew together an extensive range of research conducted by others.1 The articles I obtained via these databases where particularly useful as they provided a wide link of information within the same document, bringing together cases, commentary, along with statistical data from various surveys/focus groups. The references contained within the bibliographies of these articles also made me aware of various governmental sources.2 Despite not obtaining any of my items from Lawtel, I found this database significant to my research. Indeed, despite providing minimal amounts of full text material, I could quickly ascertain whether a particular piece of material was going to be useful (by reading the summaries), and I could then find the full text via either Lexis Nexis or Westlaw. However, I could
How effective has the Computer Misuse Act 1990 been in the fight against hacking-related offences? Do you believe that there is a need for legislative reform in this area?
How effective has the Computer Misuse Act 1990 been in the fight against hacking-related offences? Do you believe that there is a need for legislative reform in this area? The Computer Misuse Act1 (CMA) was introduced to address hacking-related crimes. However, as the internet has grown, there has been an increase in computer related crimes; this shows that the law relating to internet-related crimes need to be reformed. Natasha Jarvie states that the "defining characteristics of cybercrime is that its perpetration is only made successful through use of a global electronic network, which can transcend time and space."2 In other words, cybercrime is distinguishable from other offences, which simply use computers to commit crimes. The Council of Europe's Convention on Cybercrime is a treaty passed to deal with the crimes relating to computers, which have arisen since the growth of the internet; the UK has signed this treaty in 23 September 2001. There has been some reform in the form of the Police and Justice Act3 in relation to the area of '"Denial of Service" (DoS) attacks, and the creation and dissemination of "Hackers tools"'4. However, there has been some development with these types of crimes and therefore, the question that has arisen is whether the CMA can cover the hacking-related crimes of the modern day. Firstly, to determine whether a reform of the 1990
What's wrong with torture?
There can be few issues on which international legal opinion is more clear than on the condemnation of torture. Offenders have been recognised as the "common enemies of mankind".1 Torture is the act of intentionally inflicting severe pain and suffering, physical or mental, on a person for such purposes as obtaining information or a confession, punishing, intimidating or coercing, or for any reason based on discrimination of any kind; inflicted by or at the instigation of or with the consent of a public official or other person acting in an official capacity, excluding torture related to pain arising from lawful sanctions.2 Torture has been received with strong universal condemnation and reprobation world-wide; it is clearly and absolutely prohibited in international law, even in times of wars or national emergency. Under international law, torture enjoys the more elaborate 'jus cogens' status, which means that no derogation is permitted as explained under the Vienna Convention. 3 The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 was concluded to strengthen the international position of repulsion towards torture. In its Article 4, it calls on all States to ensure that all acts of torture are included offences under their domestic criminal laws, including attempts and complicity as well as participation.4 The
Cyberlaw: The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international
'The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international level.' The object of this essay is to analyse the regulation of the internet. Firstly, it will focus upon the changing nature of the internet, its proliferation during the 1990's and its consequent decentralisation. It will then examine how and why the methods of regulation have changed with time. The essay will consider the importance of public and private actors in initiating the shift towards a multi-layered governance system. It will then attempt to highlight the fundamental problems of the internet as a global phenomena (such as the proliferation of child pornography) which have rendered nation-state regulation insufficient. The final part of the essay will argue that even a multi-layered approach has its flows and even cross jurisdictional initiatives cannot adequately regulate harmful internet content and its free flow. It will also suggest ways forward. . The shift away from unilateral nation-state regulation. The Internet can be defined as; '...the global data communication system formed by the interconnection of public and private telecommunication networks...'1 More specifically, we define Internet governance as;
Law is manifestly a plurality of pluralities Discuss.
"Law is manifestly a plurality of pluralities" Fuzziness is often contested as disingenuous and meaningless in various postmodern topics, but this is not at all the case in legal field; though addressing the limitations of current law theories is prerequisite, the pluralist approach to law attempts to diagnose conflicts between the overlapping pluralities of social and legal fields; to recognise it's fuzziness, in order to find practical solutions to deal with such fuzzy situations, as Melissaris (2004: 76 in Menski 2006: 5) stated: The study of the legal must be directed towards the discovery of alternative perceptions of the world and justice and of different practices of solving practical problems by accommodating competing interests as well as meeting the prerequisites of substantive justice. The question of law and justice then becomes one concerning our whole way of life, how we perceive and place ourselves in our surroundings. Menski addresses the essential need for awareness of pluralising effects from globalisation, or 'glocalisation' (Robertson 1995), and that legal scholars should search for pluralistic definition for law, and to acquire a holistic view on law and justice in a global sense, in order to see the real bigger picture. As Menski (2006: 5) describes: Global migration patterns, old and new, and multiple exchanges between different states, economies,
Cyberlaw: Compare and contrast the liability of Internet Service Providers in England and Wales and the United States of America in relation to defamation.
Compare and contrast the liability of Internet Service Providers in England and Wales and the United States of America in relation to defamation. . Introduction: The object of this essay is to compare and contrast the varying situations whereby the criminal systems in England/Wales and the US are prepared to appoint liability to their service providers. Firstly, it will focus on the actual functions and characteristics of internet service providers so that it will become apparent which types of service providers pose the biggest threat to the reputation of others. The essay will then examine exactly what the offence of defamation entails i.e. what the plaintiff must prove for a successful claim. It will then discuss which areas of the internet are most susceptible to defamatory material being published. It will then seek to demonstrate that the UK has, at its main concern, the protection of reputation i.e. it places significance on the protection of privacy, whereas the US constitution is more concerned with the protection of the freedom of expression/freedom of speech. It will attempt to show this by comparing and contrasting the case law, legislation and available defences in both jurisdictions. Finally, the essay will look to wider issues in an attempt to highlight the problems experienced when assigning liability to ISP's, and also, why appointing liability to these
Finance and Investment law - Money laundering
Question A: Money laundering has become a huge setback and created a large problem throughout the world as it has developed enormously. An estimate of hundreds of billions of illegal dollars is being furnished into the world's economy world wide. Money laundering has devastating consequences; it can erode the integrity of financial institutions and also threaten a nation's very sovereignty. So what exactly is money laundering? It has been defined as: "The process by which criminals attempt to conceal the true origin and ownership of their criminal activities. If undertaken successfully it also allows them to maintain control over those proceeds and ultimately, to provide a legitimate cover for their source of income." Money laundering plays a fundamental role to those who are involved in criminal activities such as drug trafficking, terrorist activities, organised crime, trade fraud, tax evasion and human trafficking not to mention others as the list is endless. It is those that are involved in such illegal activities who need to avoid attention from authorities that sudden wealth brings them. This was the case previously were gangsters and the mafia groups from the USA were earning huge sums of cash from extortion, prostitution, gambling and bootleg liquor. The method of money laundering was used to conceal their dirty money, by purchasing legitimate businesses and mixing
Victimology: In what respects, if any, does radical victimology represent an advance on the positivist agenda and methodology that preceded it?
3. In what respects, if any, does radical victimology represent an advance on the positivist agenda and methodology that preceded it? Prior to the formulation of the positivist agenda, due to the lack of literature and policy developments in the area of victimology, little reference was made to this sub-discipline of criminology and early victimologists did not attempt to explain patterns of victimisation. Consequently, in the decades following the second world war, scholars such as Von Hentig, Mendelsohn, Rock and Wolfgang began to explore and research the aetiology and characteristics of victimisation. 1 The plight of the victim I.e. the 'forgotten actor' began to take prominence from the 1940s onwards through the introduction of scientific methodology's so as to establish the causes of crime. I am going to focus upon this positivist tradition; assessing its particular strengths and I will also discuss the various methods employed by this notion which seek to establish the causal connections as to why some people are victimised whilst others are not. It is also important that I assess the weaknesses of this theory in order to set the scene for more important developments in this area such as to make way for a rival radical perspective. Indeed, the introduction of radical victimology appeared to be inevitable given the contentious nature of positivism itself and its
THE RELATIONSHIP BETWEEN LAW & JUSTICE: A PHILOSOPHICAL PERSPECTIVE
THE RELATIONSHIP BETWEEN LAW & JUSTICE: A PHILOSOPHICAL PERSPECTIVE I INTRODUCTION A significant theme that has occupied the terrain of legal theory is the relationship between law and justice,1 specifically the tension between formal legal processes and 'rules of law' and the achievement of substantively 'just' outcomes in individual cases. Law and justice are not synonymous. 'Justice is a fundamental value which monitors the scope and content of the law.'2 It functions as a catalyst by which laws are enacted, amended, or abolished.3 The concept of justice is one of the most prominent theoretical notions in jurisprudence and is a regular feature in the common discourse about public life.4 It is a concept that is readily understood, especially in the context of its negation, 'injustice'. Justice is a fundamental ethical concept, and is one that can be ascribed in situations involving consciousness, rationality and moral sense.5 Law, on the other hand, is seen as an instrument of achieving justice. Commentators from Plato to Derrida have called law to account in the name of justice, to ask that law provide a language for justice, and demand that it promote, insofar as possible, the attainment of a just society.6 This essay will focus on the relationship between law and justice. It will explore the different philosophical perspectives that have developed throughout the