Current Issue
Cybercrime - Definitional Challenges and Criminological Particularities
The very concept of cybercrime is still a very vague notion. There are different types of “lenses” used to observe cybercrime and consequently many contradictory “facts” about its scope. Article shows different forms of what we call “cybercrime” and the variety of assessment of its dangerousness. It presents origins of cybercrime regulation and current disputes on the Council of Europe’s allegedly impartial and independent legal solutions. In spite of the definitional heterogeneity it defines novelties in the notion of cybercrime and more or less accepted legal definitions andtaxonomy. In order to escape one-sided estimates of the real danger posed by cybercrime, article does not rely solely upon legal definitions of illicit behaviour in cyberspace. Additionally, the phenomenon of cybercrime is examined through sociological reflections of cyberspace and cyber (contra-) culture. These are important for theunderstanding of the criminological/victimological pair: offenders and a ‘hackerculture’ on one hand, and victims and victimological characteristics on the other.After analyzing a social construction of hackers, the article outlines the ideologicalstruggle for primacy over cyberspace: a struggle between contra-cultural values, interwoven in the very creation of cyberspace and the values of post-modern digital capitalism; a struggle for the primacy fought between a computer “underground” on the one and the security and cultural industry on the other hand.
Transnational Cyber Crime, Differences Between National Laws and Development of European Legislation: By Repression?
Computer crime or cyber-crime, i.e. unlawful conduct committed over the Internet,is spilling over national borders and causing a huge legal headache, particularly inthe matter of deciding which jurisdiction such crime should fall under. The law isnot always prepared for meeting the demands of globalisation and new unlawful activities based on the illicit use of ICTs. The intrinsic cross-border character of this new type of crime also creates a need for improved cross-border law enforcement cooperation at European and international level. As EU integration continues, the need for better coordination of criminal policies is accentuated. This is true in particular for the field of fight against cybercrime. There are different multinational projects to interconnect these policies. Despite the existence of organs and structure such as the Europol High Tech crimegroup, it cannot be claimed that an elaborated coherent horizontal policy in Europe on the fight against cyber crime exists. A continuing situation of uncoordinatedpolicy in Europe would increase the problem by leading to fragmented anti cyber crime actions, a state of affairs which could potentially be exploited by criminals. In this article we analyse, from the perspective of Italian and foreing criminallaw a cross border cyber crime. The problem of cross border cyber crime reinforcesthe need to globalise the law and the way we respond to a problem that transcendsnational borders.
In Search for Common Sense in Cyberspace
The primary aim of this paper is to introduce some thoughts and insights about the application of the law of balancing in cyberspace, the concept of identity (liberalismversus communitarianism), the code of legal culture structure and the “lex-net” and “ius-net” programs.
Validity Issues of Open Source Licenses in European Union - The EU’s Solution
New available software’s and new ways to disseminate it equals new legal issues. This article is meant to point out a few possible problems regarding OpenSource/Free Software (OS/FS) and to introduce European Union Public License(EUPL).
Electronic Form - Cyberspace and Classical Paradigm of Formalities
The objective of the paper is to inquire the place of electronic form in legal order and present it in the light of its emergence the new paradigm of formalities. The goal isto search whether the electronic form is subtype of classical written form or is itself a sui generis category, which apart from written form, is established as independent type of form. Further, it is intended to explore whether such different perceptions of electronic form can have any practical implications. At the end paper will inquirethe interrelation of electronic form and traditional written (paper based) form.
E-Commerce and Transfer Pricing - Some Selected Issues
The aim of this article is to draft a concise and clear picture concerning the applicability of transfer pricing regime in a typical e-commerce scenario. Provided twolegal and business models (intra-company transaction between head office and branch, and inter-companies transaction between parent company and subsidiary,or between two subsidiaries of the same group), we will assess whether, and to what extent, a website and a server, used by the enterprise or the group to carry on its e-business, can be conceived as a permanent establishment and, then, we will analysewhich methods have to be used in order to apply the arm’s length principle. Our research will predominantly take into account the OECD Model Convention andTransfer Pricing Guidelines.
Propagating Islamic Creationism on the Internet
Although negative reactions accompanied the reception of Darwinism in the Islamic World from the beginning, a full fledged Islamic creationist movement did notappear before the 1970s. Originally it was restricted to Turkey, where Islamic groups attempted to undermine the materialist foundation of Marxism and Kemalism. From the late 1990s onwards the subject became popular among Muslims inthe diaspora. This was due to the efforts of Adnan Oktar alias Harun Yahya, ahitherto marginal figure in Turkey, to propagate his ideas via the Internet. The Internet allows him to adapt his propaganda constantly to new issues and creationistand anti-creationist publications and to recruit volunteers willing to translate hisbooks. Thanks to the combination of a neglected subject with the innovative use ofnew media Oktar gained the opinion leadership in this field. Even movements, the founders of which had attacked Darwinism, now refer to Oktar as main authorityon this issue. However, he failed to gain an equal degree of attention for topics like conspiracy theories and eschatology. In these fields he had to compete with a bulk ofexisting material in conventional media. The success of his former disciple Mustafa Akyol shows that using the Internet as main means of propaganda may restrict thepolitical impact. He became the chief Muslim ally of Christian creationists in the USA by managing to get published by respectable “old media”. For him the Internet only fulfils an auxiliary function.
Unsolicited Religious E-mail, Researching New Context of Religious Communication
Most of the unsolicited e-mail is usually of business character and thus interpreted as something what teases and intrudes the privacy of mailboxes. It often ends inthrash folders, since it is considered as junk mail. However, specific number of thee-mails, labeled as spam, is represented by the messages with religious content. Religious spam mail represents entirely new form of religious communication and religious behavior - thus it deserves the attention of scholars, working in the filed ofstudy of religion on the Internet. This paper deals with the descriptive typology of religious spam mail, distinguishing especially the missionary e-mails, chain letters and hoaxes in the new context of religious communication and Internet. The study also tries to analyze the scheme of production and distribution of religious spam, including the impact to the recipients. Analysis centered to both sides of process (producers and consumers), should be employed here due to the fact of interactivity of the Internet. Also the topics of stigmatization (black listing) of spam senders, attitudes of official religious authorities and “popular” question of cyber terrorism(terrorism online and online terrorism) are discussed here in the context of methodological notes.
E-Governemnt and Administrative Reform in Serbia
E-government is a new concept of administration that has been accepted in many, especially well developed countries. Along with the development of communicationtechnology and the enlargement of state functions and responsibilities of those who work within it, e-government became the condition without which a democratic,transparent, efficient and socially acceptable society cannot be achieved. EU suggests the use of Internet, as an instrument for achieving the standards of good governance and best practices in rendering public services to citizens. Currently, Serbia is on the road of introducing e-government in its public administration. In thiscontext e-government was addressed in the Strategy for the Reform of the State Administration. Also, significant legislation has been adopted, including the Law onthe Organization and Jurisdiction of State Organs against High-Tech Crime(2005), the Law on Electronic Signature (2004), the Law on Free Access to the Information of Public Significance (2004), etc. The paper analyses the state of affairsrelevant to e-government in Serbia, and its impact on administrative reform.
Internet Voting
This contribution focuses on the opportunity of using Internet voting as part of e-government services. Many countries have been researching the benefits of e-votingsolutions. Every country uses individual ideas to solve e-voting problems. Only few are thinking about Internet voting. This contribution describes the basic proposalsof Internet voting solution research and the web-based application advantages for the Internet voting.
How (not) to Regulate Mediation. The Effects of The Strict Hungarian Provisions on Online Mediation
Since the mediation is a more or less informal procedure, the first question is whether (legal) regulation of mediation is needed at all, or the framework of the civillaw is suitable for mediation. The second issue is the subject matter of the regulation: which elements (principles, the process of the mediation, the legal effect of thesettlement agreement, etc.) of the mediation procedure should be regulated. The third question is the flexibility of regulation. Should the law allow the parties to depart from the provisions by using special contract terms or the law should prescribedetailed and strict rules for the parties? Finally, I’m going to analyse the provisionsof the Hungarian Mediation Act, and compare it with some other mediation acts and recommendations concerning mediation. Finally, I’m going to show the (negative) effect of the strict and detailed regulation on online mediation.
Opinion Formation in Wikipedia. Theory, Measurement and Findings.
The paper discusses several aspects of Wikipedia as an online community. It analyses the role of public opinion in discussions, disputes, and the solution of conflictsamong the users of the online encyclopaedia. Noelle-Neumann’s (1974, 1984) Theory of public opinion as social control is used as a theoretical background to analysethree levels of public opinion in Wikipedia: The meta-level, the discussion-level, and the article-level. The use of the Mediawiki-software for content-analyses is discussed and illustrated by a qualitative analysis of a case study. Subject of the casestudy is a fierce dispute about design and content of user pages in the German language version of Wikipedia.
Buzzword 2.0 - The (R)evolution of the Web
The term Web 2.0 is a phenomenon of last few years. Every now and then you can hear or read about it. It is said that we are experiencing a revolution. That the Internet is changing and we are in the new era. Socialnetworks, sharing, collaboration, cooperation – these are just few of keywords we can hear together with Web 2.0. But is it really true? Can we really see the difference? Personally, I don't think so. For me, the development of the Internet is like a continuous evolution, not a revolution. Web 2.0 is just hype, just a marketing termto attract new customers. It is dangerous because it is a lie – like a false advertising. In addition, we can hear about Web 3.0 or even Web 4.0. This trend is almost malicious, because it is only spreading more confusion. Well known sharing serviceslike YouTube or Flickr are really interesting, but they don't mean Web 2.0 – in thesame way as e.g. an automatic transmission in car doesn't mean Transport 2.0. So this paper is about the Internet and about Web 2.0. Or to be precise: it is about Buzzword 2.0 – the hype so big that it can be perceived as a new version of anordinary buzzword. Because what we can see is not a next generation of Web, but just a next generation of hype or marketing.
Why Do We Need Social Worlds While Talking about D-Knowledge Commons Ecosystem in Cyberspace?
This paper is based on the application of the “Social World’s” theory created by Shibutani to the worlds of knowledge society, cyberspace, d-Knowledge CommonsEcosystem.1 Knowledge society will be presented as the social world and cyberspace as the sub-social world with the d-Knowledge Commons Ecosystem as the sub-world of cyberspace. This theory will open discussion about activity, boundaries,arenas and values of each social world/sub-worlds. However, the main intention ofthis paper is an introduction to a discussion about the sub-world of d-KnowledgeCommons Ecosystem as an example of one of the most striking sub-worlds within cyberspace trying to answer the question: why do we need social worlds while talking about d-Knowledge Commons Ecosystem? This paper is to be divided into fiveparts: 1. Activity, 2. Boundaries, 3. Arena, 4. Values, 5. Conclusion.
Cameralism - Its Relevance for the Knowledge Based Society
The analysis of Cameralism attempted in this paper is meant to provide ideas for an effective regulation of the present-day knowledge-based society. Here are some interesting points of the cameralist approach, which seem promising. First, the cameralists embraced an empirical belief that a growing population is beneficial, owingto the increasingly fine division of labor that it makes possible. This is similar to thepresent-day belief that the expansion of cyberspace is apt to stimulate the ‘new economy’, as well as the development of new forms of property and new rules of behavior within virtual communities. Second, such categories that cameralists dealtwith as principal, agent and property are identifiable now in the form of shareholders, corporate management and intangible assets. Third, the cameralists developed asystem of Polizeiwissenschaft, which would account for the maintaining of reliablestandards, order and public security. This is quite similar to the “surveillant assemblages” ICT makes possible today. Consequently, one may draw uncanny parallels between the economic, social and political values of the early 21st century and the problematic and practices of 18th Century Cameralism.
The Coase Theorem and Philosophical Foundations of Law&Economics
In this paper I will claim that methodology of law and economics should be changed from adopting economic analysis of law, namely implementing price theory andwelfare economics (economization of law) to the scientific efforts aiming at an inter-disciplinary project embracing law and economics as well as jurisprudence. Thebasis for such a project is purported by the Coase theorem, but may also be found inwritings of Hayek and old institutionalists”, such as Veblen, Hale and Commons.The purpose of this paper is thus twofold: firstly, to present briefly the most power-ful and popular version of law and economics being at the same time influential legal theory- the Chicago school. Secondly, to analyze the existing alternative approaches to economics of law, related to Austrian school (Hayek), „old institutional” economics (Commons) and transaction cost economics (Coase).
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News 08.12.2009: Winter Issue OutThe last issue of vol. 3 has just been published. Please, note new international subscription service through Medien und Recht (the form is available here: http://mujlt.law.muni.cz/order_MUJLT.pdf)
26.09.2009: Fall Issue OutThe Fall issue of MUJLT has just been published. We plan to have it on-line at the end of this year. In the meantime, please do not forget to register at MUJLT symposium, the Cyberspace conference.
09.06.2009: Summer issue outThe Summer issue of MUJLT is out. Guest editors Robert M. Geraci and Vit Sisler have put together unique collection of articles on technology and religion. We plan to put the articles on-line at the end of this year.
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