Δευτέρα, 15 Ιουνίου 2009

Το νέο τεύχος του περιοδικού JILT

Κυκλοφόρησε το νέο τεύχος του ηλεκτρονικού περιοδικού JILT, με το παρακάτω περιεχόμενο:

The European liability and responsibility of providers of online-platforms such as ‘Second Life’
Thomas Hoeren

Virtual platforms like Linden Lab’s ‘ Second Life’, which simulate real life, have become very popular recently. As the vast number of participants grows, the possibility of misuse grows as well. This article casts a light on possible provider liability, if crimes or misdemeanours are committed by users by using child pornography as an example.

A liability may arise from three different possible violations of duties committed by the provider. First of all the provider must restrain from designing the platform, using pornographic content himself or enabling users to display pornographic content. Secondly he must technically assure that no minors may access the platform and finally he may be obliged to control the user-provided content.

In order to point out, which duties the providers have to fulfil, it is necessary to define, what exactly ‘ Second Life’ is. Therefore the article gives an overview of the liability of providers under the E-Commerce Directive 2000/31/EC in the European Union. According to the author ‘Second Life’ is a completely new phenomenon. Because of the fact that most of the content is user-provided, Linden Lab is classified as a host provider. Therefore it does not have to control all the content by itself but is obliged to remove content on notification. In that case the duty to hinder the reappearance of similar content may follow. The implementations of relating duties in Germany, France and the UK is presented and critically valued.

Privacy, Technology Law and Religions across Cultures
Joseph A. Cannataci
The freedom to receive and impart information, privacy and the freedom from discrimination on grounds of religious belief are universally recognised as fundamental human rights and, as such, also form part of the basic values of democratic societies. These rights have, in the main, only been adequately articulated and increasingly protected at the international level after the Second World War, relatively very late in more than seven thousand years of civilization In contrast, the values promoted by religions have often been recognised as such for millennia. Where do the values of privacy law and religions conflict and where do they converge, especially in a world where information technology is ubiquitous? The paper examines the debate over privacy from various perspectives, identifying those areas where religions appear to have confronted issues of human rights and where lawyers have been joined in the debate by philosophers within the rapidly developing field of information ethics. It concludes by listing a minimum ten areas where religions may possibly contribute to the intercultural debate on privacy in the Information Society.

Animating Evidence: Computer Game Technology in the Courtroom
Damian Schofield

Courtroom environments, which have been one of the last bastions of the oral tradition, are slowly morphing into cinematic display environments (Heintz, 2002). The persuasive oral rhetoric of lawyers is increasingly being replaced by compelling visual media displays presenting a range of digital evidence in a convincing and credible manner (Lederer, 2004; Schofield, 2007).
There are a number of fundamental implications inherent in the shift from oral to visual mediation and a number of facets of this modern evidence presentation technology need to be investigated and analysed. This paper describes a range of examples of where evidence has been presented in courtrooms using digital media (particularly forensic animation and virtual reconstruction technology). The paper then examines aspects of the visual courtroom evidence presented and discusses some of the benefits and potential problems of implementing this technology

The ‘Credit Scoring Pandemic’ and the European Vaccine: Making Sense of EU Data Protection Legislation
Federico Ferretti

This article explores credit scoring systems as a tool used by the credit industry to evaluate consumers’ credit applications and creditworthiness within the context of the EU. After an analysis of the technologies and techniques behind the scoring of individuals, it investigates the most relevant issues behind the reporting of consumer financial information, i.e. the prejudicial side of sharing people's reputation exacerbated by ever-advancing information technologies and the disrespect of the privacy of consumers. This is put in context with an analysis of the values that the right of informational privacy protects and the dangers that data protection legislation aims to prevent. Ultimately, this article aims at showing that a correct application of the existing EU data protection legislation should prevent, or at least repair, the flaws of the uses of credit scoring and concerns over the respect of established privacy rights.

Nigeria Tackles Advance Fee Fraud

Mohamed Chawki

Nigerian 419 scam is a major concern for the global community. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace, anonymous servers, hijacked emails and fake websites are being used as a tool and medium for fraud by cyber scammers. Nigerian advance fee fraud on the Internet is an obvious form of cybercrime that has been affected by the global revolution in ICTs. This form of crimes is not exclusive to advance sums of money to participate into business proposals but also covers romance, lottery and charity scams. Estimates of the total losses due to this scam vary widely. In the United Kingdom, a report conducted by a research group concluded that Internet scams in which criminals use information they trick from gullible victims and commonly strip their bank accounts cost the United Kingdom economy £150 million per year, with the average victim losing £31,000.1Thus, there is a need for international cooperation to stamp out such illicit activities and protect Internet users. Although new techniques are constantly being implemented and regulations being adopted to combat and eradicate diverse forms of advance fee fraud, yet cyberspace is also providing new means and tools that facilitate committing these scams. Accordingly, this paper seeks to address and analyse some issues related to the use of cyberspace for fraud by cyber scammers especially in Advance Fee Fraud and the techniques used. It will also provide an analysis of the existing legislative and regulatory framework and their efficiency in combating this form of cross-border crime taking Nigeria as a case study. Finally, the paper will conclude by discussing some measures to fight the use of Internet in illegal activities, especially with respect to AFF.

Cyber-Crimes and the Boundaries of Domestic Legal Responses: Case for an Inclusionary Framework for Africa
Dejo Olowu

As the world marches deeper into the unknown passageway of digital revolution, it is becoming apparent that the tremendous benefits of the internet age are being challenged by the formidable menace of cyber-crime, not the least in the African region. While African States vary in the degree to which their economies and peoples are affected by cyber-crime, there is no gainsaying the fact that the collective ability of African States to track and trace the source(s) of any criminal use of the internet or cyber-attacks on infrastructures, economies or individuals is central to the deterrence of such attacks as well as to long-term survival of these States. An acknowledged and concerted ability to respond to cyber-crimes, to track, trace and apprehend domestic and international cyber-criminals can forestall future attacks through fear of severe penalties. This paper highlights the general weakness or inertia of African States in curbing the menace of cyber-crimes and particularly draws attention to the inherent limitations and failures in current domestic legal responses to cyber-crime. Acknowledging the complex and often extra-territorial nature of cyber-crimes, this paper makes a case for a redefinition of the notion of sovereignty and its implications for the recurring decimal of cyber-crime against African economies and societies. Extrapolating from learned experiences around the world, this paper explores the trajectory of a regional normative initiative that would streamline and synergise the efforts of African States in responding to the phenomenon of cyber-crimes.

Cyber Crime in South Africa – Hacking, cracking, and other unlawful online activities
Sizwe Snail

This paper aims to give a broad overview of how South African law dealt with Cyber Crime from a common law perspective and also the new cyber crime provisions in the Electronic Communications Transactions Act, Act 25 of 2002. The paper focuses on the statutory defined crimes and then also gives provisions on the value and evidential weight of electronic data during criminal proceedings. The paper also covers the powers of ‘ Cyber inspectors’ as well as discusses how the ECT has given our South African Court’s broader jurisdiction when adjudicating Cybercrimes due to its borderless nature. The Article concludes with some brief comparative law from the EU and US and concluding remarks.

Admissibility of Electronic Evidence in Criminal Proceedings: An Outline of the South African Legal Position
Murdoch Watney

Criminal courts the world over are on a daily basis faced with the question whether electronic evidence presented in criminal proceedings is admissible in evidence or not. In this discussion, the attention will focus on the rules governing admissibility of electronic evidence within the legal framework of the South African law of evidence. It will be argued that admissibility centers on establishing the type of electronic evidence, namely whether it is documentary or real evidence. Once the type of evidence is established, a two-phased procedure is applied, namely determining the admissibility of the electronic evidence and if admissible, establishing the evidential weight thereof. The South African common and statutory law governs admissibility of electronic law. The Electronic Communications and Transactions Act 25 of 2002 provides specifically for admissibility and evidential weight of electronic evidence. In the discussion, admissibility of electronic evidence is the functional equivalent of traditional evidence. No special rules of evidence govern electronic evidence. The South African law relating to electronic evidence is however, hampered by the lack of procedures governing the collection, storage and presentation of electronic evidence for purposes of criminal proceedings. Only once the latter is addressed, the environment relating to electronic evidence will successfully meet the challenges of the 21st century and fulfill its important role in proving crimes committed within an electronic medium.

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