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1.
The regulation of anonymous and pseudonymous communications promises to be one of the most important and contentious Internet-related issues of the next decade. Resolution of this controversy will have direct effects on the freedom of speech, the nature of electronic commerce, and the capabilities of law enforcement. The legal resolution of the anonymity issue also is closely bound up with other difficult and important legal issues: campaign finance laws, economic regulation, freedom of speech on the Internet generally, the protection of intellectual property, and general approaches to privacy and data protection law. The legal constraints on anonymous communication, and the constitutional constraints on those who would regulate it further, thus should be considered in tandem with the policies animating regulation and also their side effects.  相似文献   

2.
In 2009 Dutch judges convicted several minors for theft of virtual items in the virtual worlds of online multiplayer computer games. From a legal point of view these convictions gave rise to the question whether virtual items should count as “objects” that can be “stolen” under criminal law. This legal question has both an ontological and a moral component. The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. The question whether or not they should count as such under criminal law is of a moral nature. The purpose of this paper is to answer both the ontological question and the moral question underlying the legal question.  相似文献   

3.
网络银行的虚拟化、数字化、无纸化等特点给现行税收实体法和程序法都带来了一定的冲击。本文以网络银行应否征税为研究起点,探讨了税法基本原则在网络银行税收中的适用、网络银行税收的构成要件以及完善网络银行税收的法律调控等问题。  相似文献   

4.
What is so bad about Internet content regulation?   总被引:1,自引:0,他引:1  
Legislation was recently introduced into theAustralian parliament to regulate the Internet. Thiscreated a storm of protest from within the computerindustry, where arguments against the legislationranged from those based on technical difficulties tothose based on moral considerations, particularly offreedom of speech and freedom to access information.This paper is primarily concerned with the moralaspects of Internet regulation, but within theparameters of current technology. It will argue thatsuch regulation can be justified, despite the factthat given the current technology there will bedifficulties with enforcement, and reduction inInternet performance.  相似文献   

5.
Looking to the Internet for models of governance   总被引:3,自引:0,他引:3  
If code is law then standards bodies are governments. This flawed but powerful metaphor suggests the need to examine more closely those standards bodies that are defining standards for the Internet. In this paper we examine the International Telecommunications Union, the Institute for Electrical and Electronics Engineers Standards Association, the Internet Engineering Task Force, and the World Wide Web Consortium. We compare the organizations on the basis of participation, transparency, authority, openness, security and interoperability. We conclude that the IETF and the W3C are becoming increasingly similar. We also conclude that the classical distinction between standards and implementations is decreasingly useful as standards are embodies in code – itself a form of speech or documentation. Recent Internet standards bodies have flourished in part by discarding or modifying the implementation/standards distinction. We illustrate that no single model is superior on all dimensions. The IETF is not effectively scaling, struggling with its explosive growth with the creation of thousands of working groups. The IETF coordinating body, the Internet Society, addressed growth by reorganization that removed democratic oversight. The W3C, initially the most closed, is becoming responsive to criticism and now includes open code participants. The IEEE SA and ITU have institutional controls appropriate for hardware but too constraining for code. Each organization has much to learn from the others.  相似文献   

6.
郭娟娟 《科教文汇》2011,(12):163-164
大学生网络成瘾已成为高校和社会普遍关注的问题。大学生网络成瘾主要表现在信息选择强迫、电脑思维主导、道德情感冷漠、社会人格异化等方面。针对以上现象本文从娱乐心理、求知心理、性好奇心理和不满现实心理的角度进行分析,并认为应从建立干预体系、丰富校园文化、加强心理咨询及增强网络监控入手引导大学生走出网络成瘾的误区。  相似文献   

7.
随着互联网与金融行业融合程度不断提高,出现了许多区别于传统金融行业的新型风险。已有文献大多集中于解释区块链技术与互联网金融的互补性,没能解决如何将区块链技术应用于防控互联网金融风险。本文基于互联网金融的四大类风险,运用决策实验室法(DEMATEL)和解释结构模型(ISM)对互联网金融风险防控路径进行研究分析,以探究区块链技术在互联网风险防控过程中发挥的作用。结果表明:(1)解决互联网技术问题是区块链防控互联网金融风险的首要环节。(2)防控互联网技术风险和法律监管是互联网金融行业可持续发展的核心。(3)完善市场信用规制需要技术和法律监管的支撑。(4)经营风险的不断改善需以技术、法律和交易信用作为基础。研究结果将为区块链技术应用于互联网金融风险防控提供一套应用路径体系,以期实现互联网金融行业的可持续发展。  相似文献   

8.
This essay examines some ethical aspects of stalkingincidents in cyberspace. Particular attention is focused on the Amy Boyer/Liam Youens case of cyberstalking, which has raised a number of controversial ethical questions. We limit our analysis to three issues involving this particular case. First, we suggest that the privacy of stalking victims is threatened because of the unrestricted access to on-linepersonal information, including on-line public records, currently available to stalkers. Second, we consider issues involving moral responsibility and legal liability for Internet service providers (ISPs) when stalking crimesoccur in their `space' on the Internet. Finally, we examine issues of moral responsibility for ordinary Internet users to determine whether they are obligated to inform persons whom they discover to be the targets of cyberstalkers.  相似文献   

9.
Whether the Internet Protocol address should be seen as personal data or not remains a contested issue with regard to information privacy. This article explores the question by looking at the technical attributes of the Internet Protocol address, European Union (EU) and U.S. case law, and how the EU's advisory data protection body, the Article 29 Working Party, and some of the world's most influential information and communication technology (ICT) companies consider the IP address. The notion of contextual integrity is then used to show that information privacy regulation must stipulate concrete technical mandates instead of guiding principles, contrary to the ideal of technology neutrality in Internet regulation.  相似文献   

10.
For commercial purveyors of digital speech, information and entertainment, the biggest threat posed by the Internet isn't the threat of piracy, but the threat posed by free speech -- speech that doesn't cost any money. Free speech has the potential to squeeze out expensive speech. A glut of high quality free stuff has the potential to run companies in the business of selling speech out of business. We haven't had to worry about this before, because speaking in a meaningful way to a large audience was expensive, and people couldn't afford to do serious mass speaking for free for very long. The Internet has made it much cheaper. It doesn't take much to give out information to the whole world, every day, for free, for years. And people do. If we are trying to increase the abundant dissemination of information, free speech is good. If we are trying to increase commerce in information, free speech is arguably bad, in that it competes with pay speech. Information merchants would obviously prefer that the only speech in the marketplace be pay speech. In the past two years, commercial content owners have scored significant progress in herding free speakers off the Net. There's an important synergy between persuading the government to give your industry some friendly new laws or regulations, and using new and old legal tools to make life more difficult or expensive for inconvenient competitors who aren't necessarily doing anything illegal. Recently, businesses have been able to combine the two strategies to make the Internet a much safer place to sell speech, by making the Internet a less friendly, more dangerous place to give away speech for free.  相似文献   

11.
严贝妮 《情报科学》2005,23(7):1016-1018
网络百科全书作为一种新型的百科全书已随互联网的发展而兴起,本文对5种目前广泛使用的网络百科全书一一作了较为详细的介绍,总结出网络百科全书的发展特点,借以推广这种检索工具。  相似文献   

12.
金慧 《科教文汇》2013,(35):8-8,10
“思想道德修养与法律基础”课是高职生的必修课,目的是使大学生确立科学的人生观、世界观、道德观、法制观,不断提高思想道德素质和法律素质。本文侧重探讨“思想道德与法律基础”课实践教学,从实践教学的内涵、设计思想、课堂实践、课外实践两种教学模式论述,提高实践教学的实效性。  相似文献   

13.
互联网环境下消费者行为倾向前因研究述评   总被引:1,自引:0,他引:1  
杨毅  董大海 《预测》2007,26(4):1-9
通过对文献系统性的回顾,本文归纳出互联网环境下消费者行为倾向前因研究的理论基础主要有三:信息系统领域中的科技接受模型、经济学领域中的交易成本理论和营销领域中的质量—满意模型。诚然,这些理论用于解释和预测消费者行为倾向时都具有一定的力度,但研究视角均过单一,要么从正向、获利的角度,要么站在负向、成本的立场,二者均造成研究结论不够全面与深入。同时还总结出目前研究结论存在多样性和不一致性的原因主要源于三大研究操作上的差异:研究假设与模型提出存在差异;研究中相同变量的定义与测量方法存在差异;研究的实证背景存在差异。最后,对互联网环境下消费者行为倾向前因的未来研究提出了建议。  相似文献   

14.
After reviewing some of the difficulties caused by spam and summarizing the arguments of its defenders, this paper will focus on its present legal status. It will then dwell on spam from a moral point of view and address some of the ethical implications associated with transmitting this unsolicited commercial e-mail. It will attempt to sort out the conflicting rights involved and develop a viable case that even if we prescind from its social costs, spam is ethically questionable under certain conditions. Moreover, given the current volume of spam and its negative impact on the Internet environment, the transmission of spam can also be characterized as an asocial act primarily because of the significant externalities which it generates. As a result, spam cannot be justified from the perspective of duty-based moral philosophies that emphasize the need to conform to the legitimate norms of the community.  相似文献   

15.
当前互联网信息服务市场秩序法律规范缺失非常严重,而制定互联网信息服务市场秩序法律规范必须要弄清楚几个基本定位:在法律体系中的定位、在立法依据上的定位、在调整对象上的定位、在监管部门上的定位;必须要解决一个关键问题:建立对互联网信息服务用户权益行政保护的法律机制。  相似文献   

16.
This essay is a critique of LarryLessig's book, Code and other Laws ofCyberspace (Basic Books, 1999). Itsummarizes Lessig's theory of the fourmodalities of regulation in cyberspace: code,law, markets, and norms. It applies thistheory to the topics of privacy and speech,illustrating how code can undermine basicrights or liberties. The review raisesquestions about the role of ethics in thismodel, and it argues that ethical principlesmust be given a privileged position in anytheory that purports to deal with the shapingof behavior in cyberspace. Finally, itproposes a philosophy of ethicalself-regulation instead of an over-reliance ongovernment policy to deal with certainimproprieties and negative externalities thattend to disrupt the Net.  相似文献   

17.
吕汇 《科教文汇》2021,(10):47-48
在刑法学教学中进行思政教育是培养德法兼修法治人才的必要环节,刑法学课程思政教学改革,应坚持立德树人,培养德法兼修的法治人才的原则,以社会重大热点问题与典型案件为依托,充分挖掘思政元素,有机融合教学内容与思政元素,同时改革考核方式及教学评价体系,使课程思政教学规范化。  相似文献   

18.
Information technology (IT)—computers and related technologies—is the latest technology to enter the household. Like other technologies, gender is a major factor in its adoption and use as well as its perceived usefulness. Unlike prior household technologies, the computer's entry into the household has followed a different pattern. Early statistics revealed a vast gender divide, with men using computers and related technologies much more in the household. More recent statistics show a narrowing of the divide, perhaps even a reversal, particularly in the United States, with women outnumbering men in the access to and use of the Internet. In this article, the role of gender and its relationship with Internet use in the home are reviewed. In addition to overall adoption and access, the review focuses on specific Internet applications and examines the factors that contribute to gender differences in adoption and use of computers and Internet applications in the home.  相似文献   

19.
我国电信法律制度,其中重点是电信管制法律制度还存在着许多缺陷和不足,这极大地影响了我国电信改革的进程。如何健全和完善我国电信管制法律成为我国电信业发展道路上亟待解决的问题。文章首先对电信管制法律、电信管制法律关系进行了界定,接着分析了目前我国电信管制法律制度面临的主要问题,最后作者从完备电信管制法律体系、建立独立的电信管制机构和健全电信管制法律制度的内容等方面提出了完善我国电信管制法律制度的建议。  相似文献   

20.
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