Cyber law refers to the legal concerns that relate to communication, purchase and distribution of devices and technologies that are networked. Some of these laws relate to the use of Facebook, music downloading from internet and access to porn on websites. So much information is exchanged on net making internet an easy destination for crime. Due to this, strangers may access personal details and use the information in other criminal ways.
Facebook is a social networking service that has gained a significant use allover the world within a very short time. This system enables its users to fill in their personal information on the Facebook page in order to have Facebook accounts. Other registered viewers are able to view these profile pages.
Recently, the use of Facebook and the laws that govern its use and privacy rights of the user has raised a lot questions among many people. It permits the likeliness of non-users to be identified on Facebook, hence violation of users’ privacy. For instance, a malicious person may use someone else’ photo or email address to log in into the system. Those who use Facebook must submit their personal details before being register.
Germany, one of the countries in the world that have very strict privacy rights, has laws that examines Google in order to intercept private details from any unsecured wireless networks in the process of gathering information and photos. This was launched during German’s ‘Street View project. Additionally, the terms that must be adhered to while using Facebook clearly state that the website should be accessed and utilized for personal and not for commercial works.
This is a law that many misinterpret and continue to display malicious information which could risk their lives to the legal bodies. The information displayed on such sites is displayed for multitudes to view and therefore available by the general public. This means that the police and security administration officers can use the information to file cases or carry criminal investigations against the writer (McDowell and Contributor para. 1-6).
The other Cyber law is safeguard against exposure of porn to kids. Early 1995 in the United States, there was a concern on the extensive use of net by ordinary users that contributed to the use of the same by kids. With this increased use net came what most people call ‘porn’ on net. This has been a really controversial matter worldwide. The state’s congressmen and senators were faced with the needs to regulate this issue.
To counter exposure and access of porn to children, the United States of America requires that sellers of porn establish the age of their purchasers, a situation that is also regulated by social norms. Social norms require adults to refrain from selling porn to children. There are also cyber laws stating that porn sellers and distributors should not reside in places close to children.
This is because Cyber Laws regulates an individual through direct regulation by imposing threats and punishments. However it can also regulate through norms that govern cyberspace and the architectures of net so that it can control its use. Cyber crimes are dealt with just like any other offense and not necessarily on internet (Zens para. 3-4).
Child pornography attracts malicious people that lure children to go meet them. This is because they are on internet and can be easily accessed by such lurking criminals (Zens para. 3-4).
Cyber laws also entail to downloading of music on Limewires and Napster. A recent research indicates that most people share for more than 40% on internet traffic.
Internet enables peer- peer sharing and unauthorized music downloading from websites often referred as piracy. Most people download videos, music and programs free of charge from websites either consciously or even overlooking copyright laws. An example of this is Limewire.
However, the programs that carry the music files are legal devices used in downloading. Such programs include Grokster, Kazaa and Napster (McDowell and Contributor para. 1-5).
According to a report presented by Department, intellectual property includes the invisible piece of property. This intangible property may be displayed in the form of ideas and inventions. With this in mind, Copyright is therefore the law the law that regulates music compositions and its lyrics. With Copyright the owner of the intellectual property has exclusive rights that protect his identity for up to 70 years after his passing on.
From this explanation, it is clear that peer-peer sharing of music files and free downloading of music on internet is in a great way of copyright infringement; a practice carried out every day by most people allover the world. Individual and intellectual property privacy has in the recent days become a debatable matter on legal bodies with the question of up to what extent should law be applied on individuals using the net. India is one country that is fighting hard to define and implement the ‘breach of privacy’ act on cyber law.
The IT Bill, 1999 section 71 states that “only refer to punish those persons who after having secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned, disclose such electronic record, book, register, correspondence, information, document or other material to any other person”(Duggal para. 7).
However there is no clear cut point of individual’s privacy that uses real time space or Cyberspace. Some incidents of spamming and sending unsolicited messages have not been discussed. The receipt of such messages means intrusion into ones privacy. With this in mind some states like USA have undertaken Cyber legislations hence banning spamming actions that violet individual privacy (Tromey and Jennings 246-257)
It is critical that legal bodies implement privacy laws in Cyberspace. Certain law like websites been required to strictly observe rules that guides the interpretation of individual privacy. One should therefore buy music albums from licensed Limewire Stores. Hand in hand with this, installing such programs must also be guided by the fact that the individual must not download the copyrighted music from Limewire.
Through the copyright law, the creator is given exclusive rights that include credit under his name until 70 years after his death. In peer-to-peer file sharing on the Internet where music is downloaded for free, the copyright law is violated. According to statistics by Arbor Networks, copyright infringement is practiced by millions of people around the world every
Incase of the owner of an intellectual property like music feels his right s are violated due to authorized people accessing his property. Then, Digital Theft Deterrence and Copyright Damages improvement Act can be used against the criminals. In 1999, this Act was legislated in order to amend the Digital Millennium Copyright Act to further protect music owners against copyright infringement.
“This act raised the minimum payment from damages of $500 to $750. Accordingly, the maximum payment was raised from $20,000 to $30,000. For an intentional copyright infringement, the maximum payment for damages was raised from $150,000 to $300,000. Moreover, the violator may be imprisoned for 120 days.” (McDowell para.6).
To avoid violating these laws of copyright infringement when downloading music, one must also do so from a legal site. Such legal sited include itunes.com and emusic.com that allow subscribers to purchase music albums after registering as members. Free music albums are also occasionally given out on website by some musicians (Tromey and Jennings 246-257).
Technological world operates under by law and social norms. Most people have the notion that cyberspace cannot be regulated. This real world is regulated by copyright law, laws against sexual harassment and other constraining behaviors in the cyberspace. Social norms punished internet user incase of unacceptable behaviors on the real space.
More so, cyberspace has set rules in the cyberspace software. These standards guide the interaction of internet usage in such space. Individuals should b e compensated incase of violation of individual privacy. This can only be achieved after governments implement such laws and conduct awareness programs on Cyberspace laws.
Delaney, Hayden and Morris, Michael. Facebook at risk of breaching privacy laws. 2010. August 18, 2010.
Duggal, Pavan. Privacy in cyberspace. 2000. August 17, 2010. http://www.cyberlaws.net/cyberindia/privacy1.htm
McDowell, Rhonda. Law about downloading or sharing music over internet. 2010. August 18, 2010. http://www.ehow.com/list_6872759_laws-sharing-music-over-internet.html#ixzz0wzpw8Fa1
Tromey, David and Jennings, Marianne. Anderson’s Business Law and the Legal Environment. South western: Centage South Western, 2010. Print. http://www.amazon.com/Andersons-Business-Legal-Environment-Comprehensive/dp/0324638183#reader_0324638183
Zens, Don. (2010). Cyber law and internet. August 2010. http://ezinearticles.com/?Cyber-Law-and-the-Internet&id=3857375