Internet and Internet and LawsLaws

University of University of PalestinePalestine Eng. Wisam ZaqootEng. Wisam Zaqoot Feb 2010Feb 2010

ITSS 4201 Internet Insurance and ITSS 4201 Internet Insurance and Information HidingInformation Hiding

How Can I Possibly Deal How Can I Possibly Deal with Thatwith That??

If a student sends a series of If a student sends a series of threatening e-mail messages threatening e-mail messages to another student, and your to another student, and your computer use/e-mail policy computer use/e-mail policy doesn't specifically prohibit doesn't specifically prohibit this kind of harassment, can this kind of harassment, can you do anything about it?you do anything about it?

It is new technology. Do we It is new technology. Do we need new lawsneed new laws??

"Technological advances must "Technological advances must continually be evaluated and their continually be evaluated and their relation to legal rules determined so relation to legal rules determined so that antiquated rules are not misapplied that antiquated rules are not misapplied in modern settings. . . . Yet, if the in modern settings. . . . Yet, if the substance of a transaction has not substance of a transaction has not changed, new technology does not changed, new technology does not require a new legal rule merely because require a new legal rule merely because of its novelty.“of its novelty.“

– – Daniel v. Dow Jones & Co.Daniel v. Dow Jones & Co.

What is the InternetWhat is the Internet??

What is the Internet, What is the Internet, reallyreally??

A bulletin boardA bulletin board A printing pressA printing press A libraryA library A bookstoreA bookstore A television set A television set and and a television stationa television station A telephone, with lots of party lines and A telephone, with lots of party lines and

unlimited conference callingunlimited conference calling A post officeA post office . . .. . .

What is the Internet, What is the Internet, reallyreally??

A medium of A medium of communication!communication!

How Can I Possibly Deal How Can I Possibly Deal with Thatwith That??

If a student sends a series of If a student sends a series of threatening threatening typewritten letterstypewritten letters to to another student, and your another student, and your typewriter typewriter use use policy doesn't specifically prohibit policy doesn't specifically prohibit this kind of threat harassment, can this kind of threat harassment, can you do anything about it?you do anything about it?

Of course! Of course! The medium is The medium is notnot the message the message

Three Key Three Key MisconceptionsMisconceptions

Cyberspace is a separate legal jurisdictionCyberspace is a separate legal jurisdiction In fact, conduct that is illegal or a violation of In fact, conduct that is illegal or a violation of

policy in the "offline" world is just as illegal or a policy in the "offline" world is just as illegal or a violation of policy when it occurs onlineviolation of policy when it occurs online

If it's technically possible, it's legalIf it's technically possible, it's legal In fact, the technology has some legal In fact, the technology has some legal

implications, but it does not define the outer limits implications, but it does not define the outer limits of the lawof the law

Free Free accessaccess = free = free speech speech == unfettered unfettered speechspeech In fact, even public institutions may limit the use In fact, even public institutions may limit the use

of their computer resources to business-related of their computer resources to business-related purposes purposes

One Key PointOne Key Point Internet law (and policy) existed long Internet law (and policy) existed long

before the Internet:before the Internet: The law of libelThe law of libel The law of privacyThe law of privacy The law of copyrightThe law of copyright Criminal lawCriminal law Your threatening policy, code of student Your threatening policy, code of student

conduct, workplace rulesconduct, workplace rules Etc.Etc.

And Two Key And Two Key ImplicationsImplications

Internet-specific rules aren't Internet-specific rules aren't necessary and may create problemsnecessary and may create problems Except when there are unique issues that Except when there are unique issues that

aren't already covered by generally aren't already covered by generally applicable laws and policiesapplicable laws and policies

Education is criticalEducation is critical It isn't always immediately clear It isn't always immediately clear

(surprise!) how the law applies to new (surprise!) how the law applies to new situationssituations

Who is responsibleWho is responsible?? PublishersPublishers

Create content and hold it forth as their ownCreate content and hold it forth as their own Directly liable for the libels they disseminateDirectly liable for the libels they disseminate

DistributorsDistributors Don't create, but choose to, and actively do, Don't create, but choose to, and actively do,

distributedistribute Liable only if they "knew or should have known" Liable only if they "knew or should have known"

that what they are distributing is libelousthat what they are distributing is libelous No duty to prescreenNo duty to prescreen

ConduitsConduits Operate a system by which other people Operate a system by which other people

communicatecommunicate No liability for libelNo liability for libel

A Model Use Policy A Model Use Policy (computing / typewriter )(computing / typewriter )

All users of university computing All users of university computing resources must:resources must: Comply with all Palestinian and other Comply with all Palestinian and other

applicable law; all generally applicable applicable law; all generally applicable university rules and policies; and all university rules and policies; and all applicable contracts and licenses.applicable contracts and licenses.

A Model Use Policy A Model Use Policy (computing / typewriter )(computing / typewriter )

All users of university computing All users of university computing resources must:resources must: Refrain from using those resources for Refrain from using those resources for

personal commercial purposes or for personal commercial purposes or for personal financial or other gain. Personal personal financial or other gain. Personal use of university computing resources for use of university computing resources for other purposes is permitted when it does other purposes is permitted when it does not consume a significant amount of those not consume a significant amount of those resources, does not interfere with the resources, does not interfere with the performance of the user's job or other performance of the user's job or other university responsibilities, and is otherwise university responsibilities, and is otherwise in compliance with this policy.in compliance with this policy.

Wait a minute, have you Wait a minute, have you noticed thisnoticed this::

All users of university computing All users of university computing resources must:resources must: Respect the finite capacity of those Respect the finite capacity of those

resources and limit use so as not to resources and limit use so as not to consume an unreasonable amount of consume an unreasonable amount of those resources or to interfere those resources or to interfere unreasonably with the activity of other unreasonably with the activity of other users.users.

But What AboutBut What About. . . . . . File-sharing?File-sharing?

Copyright policies and lawCopyright policies and law Excessive use restrictionExcessive use restriction

Spam?Spam? Personal use/no commercial use restrictionPersonal use/no commercial use restriction Excessive use restrictionExcessive use restriction E-mail harassment lawE-mail harassment law

Harassment on blogs and any other Harassment on blogs and any other emerging technologiesemerging technologies Harassment policiesHarassment policies Libel lawLibel law

The following topicsThe following topics::

* Computer and Internet privacy* Computer and Internet privacy

* Case study: Data Protection Act * Case study: Data Protection Act 1998 (UK)1998 (UK)

* Computer Crimes * Computer Crimes

* Software licensing* Software licensing