Legal contexts of digital media & internet governance

LEGAL CONTEXTS OF DIGITAL MEDIA

& INTERNET GOVERNANCE

By: CHELDY SYGACO ELUMBA-PABLEO,MPA; LLB

Internet governance involves highly complex, transboundary governance challenges in a rapidly evolving technical environment.By: CHELDY SYGACO ELUMBA-PABLEO,MPA; LLB

In Practice, GLOBAL GOVERNANCE is accomplished by a combination of “hard” and “soft” laws. Hard law, in the form of domestic statutes or international treaties, coexists alongside various forms of soft law, which are less binding, less precise and/or rely on less centralized forms of interpretation and enforcement.


‘’A hammer is not an effective substitute for a wrench’’; similarly, there are often good reasons why states and other global governance actors prefer soft law over hard, even though soft law certainly lacks some of the considerable advantages of hard law.


REASON WHY SOFT LAW ARE MORE PREFERED –It is because it can allow for greater flexibility in interpretation, making it easier for contracting parties to come to an agreement and effectively lowering sovereignty costs.By: CHELDY SYGACO ELUMBA-PABLEO,MPA; LLB

COPYRIGHT is like any law: it only works if it is enforced. However, most of the time, when you download a movie or song illegally, it is in the comfort of your own home from the privacy of your own computer. While there are, of course, methods through which law enforcement officials can track this, the sheer amount of violations of copyright law as well as the perceived inconsequentiality of these violations mean that it isn’t exactly something people fear.

FOR EXAMPLE:


The fair use doctrine is a copyright principle based on the belief that individuals are entitled to use portions of copyrighted materials for limited but socially important purposes: to critique, parody or comment on copyrighted work.

FOR EXAMPLE:


THE INTERNET used to be much more quantifiable than it is today; what was once a few hundred websites is now pages and pages of information and innumerable pictures, articles, and other web fodder. And as the size and relevance of the web has increased, your ability to control what goes on it has decreased.


WHEN MP3 PLAYERS became the number one way to listen to music, then artists adapted by selling their songs online because that’s what they had to do to survive–until someone shared that copy digitally with their whole P2P network. When typical DVDs were competing with online video-watching services, the pirated stuff took to the web, too, but it was free.


Few obvious points. As the study mentions, companies are taking significant losses when these would-be sales slip through the cracks. This could have greater implications for the economy in general, and it probably does. But what’s not as obvious is what to do about it.


NOBODY WANTS TO REGULATE THE WEB. That’s what China does, what North Korea does. THAT’S NOT WHAT PHILIPPINES DOES, BECAUSE OF THE CYBER CRIME LAW.By: CHELDY SYGACO ELUMBA-PABLEO,MPA; LLB

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines.

WHAT IS CYBER CRIME LAW?


cybercrime offenses includeD

1. Cyber squatting-is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses.

HTTPS is "Hyper-Text Transfer Protocol Secure


2. cybersex- Willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

However, cybersex is considered illegal in the situation in where an adult engages in cybersex with a minor.



3. child pornography-(r.A.9775 OF 2009) " refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.



4. identity theft- a form of stealing someone's identity in which someone pretends to be someone else by assuming that person's identity, usually as a method to gain access to resources or obtain credit and other benefits in that person's name.



5. illegal access to data- offenses against the confidentiality, integrity and availability of computer data and systems. The access to the whole or any part of a computer system without right.



6. libel - is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession



7. An Internet fraud is the use of Internet services or software with Internet access to defraud victims or to otherwise take advantage of them; for example, by stealing personal information, which can even lead to identity theft. A very common form of Internet fraud is the distribution of rogue security software



On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order (TRO), stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court..


THANK YOU FOR READING!CHELDHAYE