Internet and Laws University of Palestine University of Palestine Eng. Wisam Zaqoot Eng. Wisam Zaqoot Feb 2010 Feb 2010 ITSS 4201 Internet Insurance and Information Hiding

How Can I Possibly Deal with That? If a student sends a series of threatening messages to another student, and your computer use/ policy doesn't specifically prohibit this kind of harassment, can you do anything about it? If a student sends a series of threatening messages to another student, and your computer use/ policy doesn't specifically prohibit this kind of harassment, can you do anything about it?

It is new technology. Do we need new laws? "Technological advances must continually be evaluated and their relation to legal rules determined so that antiquated rules are not misapplied in modern settings.... Yet, if the substance of a transaction has not changed, new technology does not require a new legal rule merely because of its novelty. “ "Technological advances must continually be evaluated and their relation to legal rules determined so that antiquated rules are not misapplied in modern settings.... Yet, if the substance of a transaction has not changed, new technology does not require a new legal rule merely because of its novelty. “ – Daniel v. Dow Jones & Co.

What is the Internet?

What is the Internet, really? A bulletin board A bulletin board A printing press A printing press A library A library A bookstore A bookstore A television set and a television station A television set and a television station A telephone, with lots of party lines and unlimited conference calling A telephone, with lots of party lines and unlimited conference calling A post office A post office......

What is the Internet, really? A medium of communication! A medium of communication!

How Can I Possibly Deal with That? If a student sends a series of threatening typewritten letters to another student, and your typewriter use policy doesn't specifically prohibit this kind of threat harassment, can you do anything about it? If a student sends a series of threatening typewritten letters to another student, and your typewriter use policy doesn't specifically prohibit this kind of threat harassment, can you do anything about it? Of course! Of course! The medium is not the message The medium is not the message

Three Key Misconceptions Cyberspace is a separate legal jurisdiction Cyberspace is a separate legal jurisdiction In fact, conduct that is illegal or a violation of policy in the "offline" world is just as illegal or a violation of policy when it occurs online In fact, conduct that is illegal or a violation of policy in the "offline" world is just as illegal or a violation of policy when it occurs online If it's technically possible, it's legal If it's technically possible, it's legal In fact, the technology has some legal implications, but it does not define the outer limits of the law In fact, the technology has some legal implications, but it does not define the outer limits of the law Free access = free speech = unfettered speech Free access = free speech = unfettered speech In fact, even public institutions may limit the use of their computer resources to business-related purposes In fact, even public institutions may limit the use of their computer resources to business-related purposes

One Key Point Internet law (and policy) existed long before the Internet: Internet law (and policy) existed long before the Internet: The law of libel The law of libel The law of privacy The law of privacy The law of copyright The law of copyright Criminal law Criminal law Your threatening policy, code of student conduct, workplace rules Your threatening policy, code of student conduct, workplace rules Etc. Etc.

And Two Key Implications Internet-specific rules aren't necessary and may create problems Internet-specific rules aren't necessary and may create problems Except when there are unique issues that aren't already covered by generally applicable laws and policies Except when there are unique issues that aren't already covered by generally applicable laws and policies Education is critical Education is critical It isn't always immediately clear (surprise!) how the law applies to new situations It isn't always immediately clear (surprise!) how the law applies to new situations

Who is responsible? Publishers Publishers Create content and hold it forth as their own Create content and hold it forth as their own Directly liable for the libels they disseminate Directly liable for the libels they disseminate Distributors Distributors Don't create, but choose to, and actively do, distribute Don't create, but choose to, and actively do, distribute Liable only if they "knew or should have known" that what they are distributing is libelous Liable only if they "knew or should have known" that what they are distributing is libelous No duty to prescreen No duty to prescreen Conduits Conduits Operate a system by which other people communicate Operate a system by which other people communicate No liability for libel No liability for libel

A Model Use Policy (computing / typewriter ) All users of university computing resources must: All users of university computing resources must: Comply with all Palestinian and other applicable law; all generally applicable university rules and policies; and all applicable contracts and licenses. Comply with all Palestinian and other applicable law; all generally applicable university rules and policies; and all applicable contracts and licenses.

A Model Use Policy (computing / typewriter ) All users of university computing resources must: All users of university computing resources must: Refrain from using those resources for personal commercial purposes or for personal financial or other gain. Personal use of university computing resources for other purposes is permitted when it does not consume a significant amount of those resources, does not interfere with the performance of the user's job or other university responsibilities, and is otherwise in compliance with this policy. Refrain from using those resources for personal commercial purposes or for personal financial or other gain. Personal use of university computing resources for other purposes is permitted when it does not consume a significant amount of those resources, does not interfere with the performance of the user's job or other university responsibilities, and is otherwise in compliance with this policy.

Wait a minute, have you noticed this: All users of university computing resources must: All users of university computing resources must: Respect the finite capacity of those resources and limit use so as not to consume an unreasonable amount of those resources or to interfere unreasonably with the activity of other users. Respect the finite capacity of those resources and limit use so as not to consume an unreasonable amount of those resources or to interfere unreasonably with the activity of other users.

But What About... File-sharing? File-sharing? Copyright policies and law Copyright policies and law Excessive use restriction Excessive use restriction Spam? Spam? Personal use/no commercial use restriction Personal use/no commercial use restriction Excessive use restriction Excessive use restriction harassment law harassment law Harassment on blogs and any other emerging technologies Harassment on blogs and any other emerging technologies Harassment policies Harassment policies Libel law Libel law

The following topics: * Computer and Internet privacy * Case study: Data Protection Act 1998 (UK) * Computer Crimes * Software licensing