Internet Censorship: Laws Affecting the Internet - Research Paper Example

? INTERNET CENSORSHIP: LAWS AFFECTING THE INTERNET This paper seeks to look into the various aspects of internet censorship and the laws affecting the internet. The issues surrounding internet censorship and internet or cyber laws are somewhat recent. Therefore, legislation and implementation of the rules and regulation are still in the pipeline. With the emergence of new technology, legislators cannot deny the fact there need to be a way of regulating such innovations in order to protect certain individual rights, and to prevent the prevalence of criminal activities through the internet. Therefore, this paper will give highlights on the existing internet laws and how these laws have been over the past years. The research will also touch on areas that may need improvement, whether there is room for improvement of the current situation and recommendations on what new strategies can be implemented. Internet censorship may be termed as the suppression of access or publishing of certain information on the internet. This censorship may be carried out by the government of the time or by private organizations working hand in hand with the government or on its behalf. Individual members of the public may also carry out self-censorship for reasons such as religion, business, legal concerns, or even morality (Bidgoli, 2003). There have been varied opinions regarding this topic with debates arguing for and against censorship (Bidgoli, 2003). The extent to which internet censorship is applied differs from one country or state to another. In some countries, there is little restriction while in others, the issue is handled with a lot of seriousness and governments have gone as far as limiting discussions amongst citizens and suppressing access of certain information. Censorship may also occur when issues revolving politics are extremely sensitive, for instance, during elections. This is normally done in order to avoid things like defamation and harassment. Internet laws, also known as cyber laws, are the regulations that encapsulate all legal issues that are related to the use of internet or internet services. These laws majorly cover areas such as internet usage and access, right to privacy, jurisdiction and the freedom of expression. When looking at internet laws, there is the issue of intellectual property, which includes the rules on fair use and copyright, protection of digital media and circumvention of the same. However, this area of law is quite controversial, and there has been no standard rule to determine some aspects (Raysman and Brown, 2008). There are laid out regulations on the various uses to which computer networks and computers may be put. Such rules regulate the unauthorized access, spamming and data privacy. The use of encryption and specific equipment to defeat protection schemes is also limited and controlled by law (Myers, 2006). In addition to that, there are laws that govern internet trade, consumer protection advertising and taxation. A question that has become the subject of debate is that of jurisdiction. This is an element of state sovereignty. Jurisdiction is the administrative, judicial and legislative competence of a state. However, the fact that it is an aspect of sovereignty, it is not necessary that jurisdiction and sovereignty go hand in hand. The effects of the laws of a country may extend beyond its own jurisdiction. This raises a problem because the internet does not recognize these limitations of territory. Since there is no universal jurisdictional law, these matters fall in the ambit of conflict of laws, that is, private international law. A conflict of law may arise where a website contains material that is illegal, whereas the same content would not be regarded as illegal in another country. Another major issue of concern is whether to assume that the internet is a physical space or a world of its own. Treated as a world unto itself, the internet would be free from any legal limitation while as a physical space; it is subject to the jurisdictional regulations. In the Declaration of the Independence of Cyber Space, the internet is a world of its own and its users form their own social contract where they address and solve their own problems (Barlow, 1996). The notion that internet cannot be regulated by certain laws is false. It is a fact internet knows no terrestrial boundaries. Internet users remain within physical or geographical jurisdictions and are; therefore, subject to the laws governing that particular geographical area that is independent of their activities in the internet (Trout, 2007). For this reason, one transaction in the internet may invoke the application of the three jurisdictions; the local laws of the user, the laws of the state where the server responsible for hosting the transaction is situated, and finally the laws of the state governing the other party with whom the business is transacted. So in essence, a user in New York, transacting with another person in London through a server in Australia could be subject to the laws of all the tree states regarding that single transaction made (Raysman and Brown, 2008). Any individual who uses the internet is subject to the applicable laws of his state. In the landmark case of Jake baker (United States if America v Abraham Jacob Alkahabaz also known as Jake Baker 104F 3d 1492, 1997), the courts dismissed the case because there was no evidence. There was no sufficient evidence that Baker wanted to put his writings into action. The accused was charged with writing messages that passed out as threats and used the name of another female student via his email. This historical case made out a clear indication that a legal act in one country may be totally illegal in another. Apart from the common examples of censorship in countries like china or Iran, there are four other primary modes of regulating the internet (Lessig, 1999). One of these modes is the law. So far it can be said that the numerous actions or uses of the internet are subject to certain legislation. Issues such as child pornography, gambling and fraud, are handled both online and offline despite the fact that there is still a grey area when dealing with jurisdictional matters. It has been widely agreed that considerable portions of activities on the internet are regulated by traditional rules; that is, whatever conduct that is rendered unlawful offline is presumably unlawful online (Lessig, 1999). The next mode of regulation is through the West Coast Code. This code gives guidelines on how information may or may not be transmitted through or across the internet. In this category of regulation, there is the subject of internet filtering, architecture of IP protocol and encryption. All these regulation modes significantly rely on the regulations of the West Coast Code (Lessig, 1999). The third mode is through regulation by social norms. There are certain activities that are not expressly regulated or prohibited by other modes of regulation. Such activities are naturally regulated by the standard norms of the society of the local community. The last mode of regulation is markets. Markets regulate certain activities in the internet. Non- commercial aspects of the internet are rarely affected by the economic market. However, the internet on its own creates a market for information and such information is what has an effect on the entire internet (Zuchora- Walske, 2012). The Universal Declaration on Human Rights (Article 19) advocated for the protection of the freedom of expression in all media forms. As compared to the print based media, the use of the internet has done away with the barriers that limit individuals’ ability to publish. Internet connection enables people millions of people to communicate with little costs incurred. However, this increases the chances of legal issues arising in relation to regulation of the freedom of speech in the internet. In Gutnick v Dow Jones (2002) HCA 56, there was online publishing that amounted to libel and a subsequent case in the United Kingdom, Keith- Smith v. Williams confirmed the position that laws on libel were applicable to the subject of internet (Gibson and Owen, 2006). The role of international law with regards to internet law has both present roles, as well as future roles. International has acted as a tool that promotes cooperation among different countries. It should be understood that international law does not regulate intellectual property, governance decisions or issues of privacy affecting the internet. It is only an instrument that reduces conflict. Until now, private international law has played a key role in governing the internet. Despite the existence of private international law, it is essential for states to maintain a level of consensus so as to continue with the improvement of harmonization and cooperation. With an increase of international treaties regarding the use internet, there would be fewer conflicts. Public international law should take a positive stance towards the issue related with the use of the internet (Hwa Ang, and Nadarajan, 1996). However, this should be so only when the specific states in question give their due consent. This is so because there are some issues that are far too complicated; thus, a country must make certain decisions that promote justice and democracy. There may be no universal law that regulates the internet and its uses. However, this does not translate to mean that new regulations must be legislated now and then. Different countries have come up with different models to follow and vary formulae for dealing with complexities that may arise. Regulation of internet content based on the different cultures of each state is extremely sensible. With the rise of the internet and accompanying technologies, no country can decide to be rigid on its laws. Governments must be ready to accommodate differences that may arise among themselves, and try to conform to more sensible regulations (International Business Times, 2012). From the foregoing, a lot of issues have been highlighted. The internet is a recent phenomenon hence one cannot expect the laws to be as stringent as in the other areas. As years go by; the laws safeguarding the use of the internet will certainly evolve and become solid (American Civil Liberties Union, 1997). Currently, the regulations in place act as a foundation for better legislation to come. This may take several years because of the jurisdictional issues faced by this area of law. It may be difficult for all countries to agree to one standard set of laws, but increased cooperation among states will significantly improve the situation. Many have put forth arguments, but the most sensible position is that internet censorship should be done to a moderate extent, and the same applies to the enforcement of internet laws. References Aelrod-Contrada, J. (2007) Reno v. ACLU: Internet Censorship. New York: Marshall Cavendish Cooperation. American Civil Liberties Union (1997). Internet Censorship. [online] Available at: http://www.aclu.org/free-speech/internet-censorship [Accessed: 29 Nov 2012]. Barlow, P. (1996). A Declaration of the Independence of Cyber Space. Davoz Switzerland, 8th February. Bidgoli, H. (2003). Internet encyclopedia. New York: John Wiley & Sons. How Stuff Works (2007). 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Warren and Brandeis, L. (2012). Right to Privacy. Harvard Law Review, 4 (193). Zuchora- Walske, C. (2012). Internet Censorship: Protecting Citizens of Trampling Freedom. Minneapolis: Lerner Publishing Group, Inc. Read More