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Internet Law and Social Media in the UK
The internet is often deemed to be like the Wild West. It is viewed as a lawless region where people can act outside the laws of the land. This is not the case. The jail sentences handed down to a number of individuals who tweeted or posted Facebook messages about the riots in England in August clearly illustrate that there laws governing what can be posted online carry real consequences. Breaking the law online is as serious as breaking the law offline.
The law that the social media users broke was the Serious Crime Act 2007. Although the law was not set up to cover the use of social media, the use of social media was much lower in 2007 than it is now, the law of the land applies online to the same degree that it does off line.
The Serious Crime Act 2007 states that either “intentionally encouraging or assisting an offence” or “encouraging or assisting an offence believing it will be committed” is viewed as being as serious as carrying out the act itself. So if you post a Facebook message encouraging people to riot and loot then it viewed the same in the eyes of the law as if you were rioting and looting yourself.
Defamation and Libel Online
Defamation and libel laws apply to the online world in the same way that they apply to more traditional forms of print media, TV and radio. If you slander someone online without being able to prove it then you can be open to being sued for libel.
You may think that something you post about an individual of company may well be lost in the billions of webpages in cyberspace. This is not the case as many individuals and companies actively police what is said about them online. Many will issue civil proceedings if they feel the statements are defamatory.
The cyber smearing does not have to take place on a website you own for you to be open to being sued. If you have smeared someone using social media, message boards, forums, review sites, auction sites or email then you are open to being pursued for libel damages.
You also do not need to be the originator of the rumour. If you simply repeat the allegations then you can be sued. It is very foolish to just repeat allegations without double checking that they are true. A re-tweet of somebody else’s link to a post about a rumour can place you in line for being sued. It is also worth noting that you cannot defame someone using their nickname and thing you are safe if the nickname is well known by the public.
Attempting to hide behind an anonymous username is also no protection from the law.
Difference between Slander and Libel
A landmark ruling in August 2008 by Mr Justice Eady drew a distinction between de Defamatory comments on internet bulletin boards and forums and those published within articles on websites. The Judge stated that those on internet bulletin boards were more likely to be slander and not libel.
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Ten Important Things in Cyber Law
Cyber Law deals with the legal issues of the internet usage and all devices connected over the network, their proper use in order to prevent and control cyber crimes. Since the internet is all over the world the rules and regulations are a bit cloudy but we need to keep in mind a few things to ensure that we are using the internet in a proper and safe manner without causing any trouble.
1. The internet’s jurisdictional boundaries may not be clear but the users are bound by the jurisdictional laws of the area in which they reside.
2. Do not access web sites that may not be approved by the jurisdiction in your area.
3. Do not post any offensive material that may cause an outrage among other internet users. Articles with an offensive tone on sensitive subjects like religion, politics etc., Uploading child pornography and other offensive materials is considered a crime in many countries and is punishable depending upon the country’s laws.
4. Illegally downloading and distributing protected items like intellectual property and copyrighted articles is a cyber crime and those who are caught engaging in such acts can be prosecuted.
5. Duplication of content or software from CDs and DVDs that are copyrighted and distribution of these on the internet is punishable.
6. Stealing user information (phishing) and impersonating a user (ID theft) are serious cyber crimes.
7. Sending bulk messages that can affect networks and jam mailboxes is called spamming. The US introduced CAN-SPAM Act t in 2003 that allows prosecution of spammers.
8. Sending malicious codes such as viruses and worms through websites and e-mails is a cyber crime that can cause serious damages and anyone caught engaging in the act can be seriously punished.
9. Any site that allows users to download materials without acquiring proper permissions can be prosecuted or even be made to close down. Napster.com was shut down for similar reasons.
10. Illegal bank transactions through internet, to any dangerous individuals who might threaten national security is a cyber crime that will be considered as a breach of national security and those caught engaging in such acts can be punished by the government.
Even though the Cyber Laws are not very clear to every one the increase in cyber crime rate has pushed many governments to introduce Acts that would govern the cyber space at least within their jurisdictions. The governments of USA, UK, Canada and China have enforced Cyber Laws to control Cyber crimes. The other nations that have followed in introducing Cyber laws are India, Australia, Malaysia, Iran, Iraq, Indonesia, Thailand etc. Among all these nations China emerges to be the strictest in its laws regarding the use of the internet.
Basics of Information Security
Accessing advice stored in a computer commonly will accuse the owner’s reasonable apprehension of aloofness in the information. See United
States v. Barth, 26 F. Supp. 2d 929, 936-37 (W.D. Tex. 1998) (finding reasonable apprehension of aloofness in files stored on harder drive of claimed computer The beneath are a few examples to assure your clandestine advice charcoal private.
1. Encrypt the file/folder; Have a passphrase, do NOT use a chat due to software that can do concordance attacks in assorted languages, but you have to advance a passphrase with numbers and characters. DO NOT address it down. If you are a corporation, remember, automated espionage is rampant. Ex-KGB, and added out of plan intelligence admiral accomplish a active applying their barter to the accomplished applicant these days. I adopt PGP, or Blowfish encryption.
2. Use a wiping utility, CyberScrub, Evidence-Eliminator, etc. that wipes the accumulation breadth of your computer; this is area passwords are sometimes stored, and the software aswell has appearance that acquiesce you to abort web browsing history, photographs, etc.
3. Trust your computer to no one. Software and accouterments accessories amount as little as $30 and will almanac anniversary appearance you blazon and e-mail it to the being who wants to apperceive your passphrase, coffer annual info, etc. Of course, do NOT accessible e-mail you do not apperceive who it is from back their is spyware you can be e-mailed, and it will install already opened.
4. If you wish to put the icing on the computer aegis cake, use a proxy that does not accumulate logs of their users activity, and has a alternating IP which makes hacking your computer next to impossible.
The Bad Effects Of Cyber Crimes
A bent aegis advocate in California tackles on the accountable of cyber crimes. What absolutely are these? Can the law administration specialists acquisition abyss on the internet? How can you advance a framework for your accouchement to apprentice what cyber crimes are? The afterward advice will advice accustom you with base and actionable online behavior. Online activities are artlessly as affected to abomination and can endanger claimed assurance just as finer as accepted circadian crimes. Lawmakers, law enforcement, and individuals charge to apperceive how to avert themselves as able-bodied as the individuals for which they are responsible. You can see by the explanations of assorted cyber crimes beneath that the crimes accept existed afore computer systems and the internet were offered to the accepted public. The abandoned aberration involves the assets activated to accomplish the crime.
The appellation ‘cyber crime’ is absolutely a abominably acclimated name. This appellation has boilerplate been declared in any law /Act anesthetized or ratified by the Indian Parliament. The abstraction of cyber abomination is not radically characteristic from the abstraction of accepted crime. The two cover conduct whether or not act or omission, which aftereffect in aperture of rules of law and counterbalanced with the sanction of the state. Though cyber crimes is a new array of crimes which came into getting anon afterwards the accession of the computers and the book has become added worse with all the access of the net in our day to day life. Abundant crimes which ambit from character annexation to extortion can be perpetrated by agency of computer. For every individual real-world crime, there is a cyber-based counterpart. Inside the cyber world, extortion lends itself able-bodied to those abyss who accept how to perpetrate annihilative acts apropos computer systems.
Like accepted crime, cybercrime may yield abounding shapes and may yield abode about anytime or anyplace. Abyss accustomed out cybercrime use abundant techniques, depending on their skill-set and their goal. This shouldn’t be unexpected: cybercrime is, of course, artlessly ‘crime’ with some blazon of ‘computer’ or ‘cyber’ aspect. Symantec draws from the abounding explanations of cybercrime and specifies it briefly as any abomination which is committed application a computer or system, or accouterments device. The computer or accessory may be the abettor of the crime, the facilitator of the bent offense, or the ambition of the crime. The abomination may yield abode on the computer abandoned or in accession to added areas.
