Friday, April 9, 2010

CYBER LAW..(IT LAW)



definition of CYBER LAW....
CYBER LAW is a term that encapsulates the legal issues related to use of communicate, transactional and distributive aspects as networked information devicesand technologies. it is less distinct field of law in the way that property or contract are, it's a domain covering many areas of law and regulation. some of leading topic include intellectual property, privacy, freedom expression and jurisdiction.


JURISDICTION & SOVEREIGNTY
The issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions:
1) nation in which the user resides,
2) nation that apply where the server hosting the transaction is located,
3) nation which apply to the person or business with whom the transaction takes place.


The sovereigntyrefers to

  • judicial,
  • legislative
  • administrative competence.

This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws, particularly private international law.

NET NEUTRALITY
The infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments, suggesting that the Internet is not as independent as Barlow and others would like to believe. This is turning into one of the most critical aspects of cyberlaw and has immediate jurisdictional implications, as laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected.


GOVERNANCE
The unique structure of the Internet has raised several judicial concerns. While grounded in physical computers and other electronic devices, the Internet is independent of any geographic location. While real individuals connect to the Internet and interact with others, it is possible for them to withhold personal information and make their real identities anonymous. If there are laws that could govern the Internet, then it appears that such laws would be fundamentally different from laws that geographic nations use today.


FREE SPEECH IN CYBERSPACE
The accessibility and relative anonymity of cyber space has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions with little-to-no distribution costs. Yet this new form of highly-accessible authorship in cyber space raises questions and perhaps magnifies legal complexities relating to the freedom and regulation of speech in cyberspace.

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