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Showing 1 to 7 of 7 (0.203 seconds)Spelling suggestions: "subject:"interception dde communications"" "subject:"interception dee communications""
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A interceptação de comunicação entre pessoas presentes como meio de investigação de prova no direito processual penal brasileiro / The interception of communications between present people as means of investigation of evidence in the Brazilian criminal procedural law.Arantes Filho, Marcio Geraldo Britto 29 April 2011 (has links)
As comunicações entre pessoas presentes são tuteladas na Constituição brasileira, como decorrência da liberdade de manifestação do pensamento, do direito à intimidade e à vida privada, da inviolabilidade do domicílio e do direito a não autoincriminação. Embora sejam constitucionalmente tuteladas, as comunicações entre pessoas presentes podem ser restringidas, desde que sejam observadas as exigências de reserva de lei, de reserva de jurisdição e de proporcionalidade. A interceptação de comunicação entre pessoas presentes é meio de investigação de prova, que, por meio de restrição a direitos e garantias fundamentais, visa a descoberta de fontes de prova para a persecução penal. Trata-se de instrumento processual que consiste em atividade de captação e de registro de comunicação entre pessoas presentes de caráter reservado, por um terceiro, com o emprego de meios técnicos, utilizados em operação oculta e simultânea à comunicação, sem o conhecimento dos interlocutores ou com o conhecimento de um ou de alguns deles. A interceptação domiciliar e a interceptação ambiental são espécies de interceptação de comunicação entre pessoas presentes. O objeto e o caráter insidioso desta modalidade de interceptação impõem a necessidade de uma disciplina jurídica autônoma, sob enfoques da admissibilidade e do procedimento probatório, que devem ser previstos em lei precisa e clara. / The communications between present people are protected by the Brazilian Constitution, arising out of the freedom of expression of ones thoughts, the right to intimacy and privacy, the dwelling defense and by the right not to produce self-incrimination. Despite being protected constitutionally, the communications between present people can be restricted as long as in accordance with the demands in reserve of law, in reserve of jurisdiction and of proportionality. The communications interception between present people is a means of investigation of evidence, which by means of restriction of rights and fundamental guarantees, objectives uncovering the sources of evidence for accusatory procedure. It is a question of procedural tool which consists in the activity of registering and recording communications between present people with secretive nature, by a third person, with the use of technical means, applied in concealed action and concurrent to the communication without the knowledge of the interlocutors or just the knowledge of one or few of them. Dwelling - interception and surrounding-interception are types of interception of communications between present people. The object and deceitful nature of this modality of interception imposes the need of an autonomous juridical regulation, under the perspectives of admissibility and of probatory procedure, which must be foreseen by clear and precise law
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Les nouvelles technologies et la lutte contre la délinquance : regards croisés France/Royaume Uni / New technologies and fight against crime : comparative views France/United KingdomJean-Meire, Caroline 11 March 2016 (has links)
Les possibilités aujourd'hui offertes par les progrès techniques dans le cadre de la lutte contre la délinquance sont loin d'être négligeables. les "nouvelles technologies" désignent moins une réalité tangible que l'expression d'un phénomène, celui de l'accélération contemporaine du progrès scientifique et technique et la démocratisation de son utilisation notamment dans le cadre de la procédure pénale. L'étude de l'utilisation des nouvelles technologies dans la procédure pénale démontre que, nonobstant leur présence plus importante au Royaume-Uni, les philosophies guidant cette introduction dans les deux États sont similaires, de même que, parallélisme des formes oblige, similaires en sont les dérives. elles sont devenues l'outil par excellence de la politique sécuritaire mis en œuvre depuis les années 2000. Les droits fondamentaux étant au cœur de la réflexion en matière de procédure pénale, leur confrontation avec les nouvelles technologies est indispensable. Dans cette perspective il nous a semblé opportun de replacer la question de la dignité de la personne humaine au centre des débats concernant l'utilisation des nouvelles technologies dans la lutte contre la délinquance. Ce droit qui irrigue l'ensemble des autres droits fondamentaux peut être utilisé comme ligne directrice pour déterminer quelles dérogations sont acceptables. Néanmoins en tant que principe matriciel et absolu, il convient d'en, définir le contenu et de ne l'utiliser que subsidiairement. Cette thèse s'inscrit dans un combat actuel, celui de la défense de la liberté contre ceux qui voudrait placer la sécurité au premier rang ; au premier rang de nos vies comme au premier rang des droits fondamentaux. / The possibilities now offered by the technological advances in the fight against crime are far from negligible. "New technologies" means less a reality than the expression of a phenomenom, that of a contemporary acceleration of scientific and technical progress and democratization of its use especially in relation to criminal proceedings. The study of the use of new technologies in criminal proceedings shows that, notwithstanding their increased presence in the UK, philosophies guiding this introduction in the two States are similar, and following the principle of congruent forms, similar are the drifts. They have become the optimal tool of the security policy implemented since the 2000s. Fundamental rights are central in the reflection on criminal procedure ; their confrontation with the new technologies is essential. In This context it seemed appropriate to put the issue of the dignity of the human being at the heart of the debates concerning the use of new technologies in the fight against crime. This right that irrigates all the other fundamental right can be used as guideline to determine which derogations are acceptable. Nevertheless as a matrix and absolute principle, it is necessary to define it and use it only as a subsidiary safeguard.
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A interceptação de comunicação entre pessoas presentes como meio de investigação de prova no direito processual penal brasileiro / The interception of communications between present people as means of investigation of evidence in the Brazilian criminal procedural law.Marcio Geraldo Britto Arantes Filho 29 April 2011 (has links)
As comunicações entre pessoas presentes são tuteladas na Constituição brasileira, como decorrência da liberdade de manifestação do pensamento, do direito à intimidade e à vida privada, da inviolabilidade do domicílio e do direito a não autoincriminação. Embora sejam constitucionalmente tuteladas, as comunicações entre pessoas presentes podem ser restringidas, desde que sejam observadas as exigências de reserva de lei, de reserva de jurisdição e de proporcionalidade. A interceptação de comunicação entre pessoas presentes é meio de investigação de prova, que, por meio de restrição a direitos e garantias fundamentais, visa a descoberta de fontes de prova para a persecução penal. Trata-se de instrumento processual que consiste em atividade de captação e de registro de comunicação entre pessoas presentes de caráter reservado, por um terceiro, com o emprego de meios técnicos, utilizados em operação oculta e simultânea à comunicação, sem o conhecimento dos interlocutores ou com o conhecimento de um ou de alguns deles. A interceptação domiciliar e a interceptação ambiental são espécies de interceptação de comunicação entre pessoas presentes. O objeto e o caráter insidioso desta modalidade de interceptação impõem a necessidade de uma disciplina jurídica autônoma, sob enfoques da admissibilidade e do procedimento probatório, que devem ser previstos em lei precisa e clara. / The communications between present people are protected by the Brazilian Constitution, arising out of the freedom of expression of ones thoughts, the right to intimacy and privacy, the dwelling defense and by the right not to produce self-incrimination. Despite being protected constitutionally, the communications between present people can be restricted as long as in accordance with the demands in reserve of law, in reserve of jurisdiction and of proportionality. The communications interception between present people is a means of investigation of evidence, which by means of restriction of rights and fundamental guarantees, objectives uncovering the sources of evidence for accusatory procedure. It is a question of procedural tool which consists in the activity of registering and recording communications between present people with secretive nature, by a third person, with the use of technical means, applied in concealed action and concurrent to the communication without the knowledge of the interlocutors or just the knowledge of one or few of them. Dwelling - interception and surrounding-interception are types of interception of communications between present people. The object and deceitful nature of this modality of interception imposes the need of an autonomous juridical regulation, under the perspectives of admissibility and of probatory procedure, which must be foreseen by clear and precise law
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Bulk unsolicited electronic messages (spam) : a South African perspectiveGeissler, Michelle Lara 30 November 2004 (has links)
In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content.
Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures.
Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education.
Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy.
Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act.
In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal & Procedural Law / LLD
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Bulk unsolicited electronic messages (spam) : a South African perspectiveGeissler, Michelle Lara 30 November 2004 (has links)
In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content.
Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures.
Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education.
Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy.
Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act.
In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal and Procedural Law / LLD
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Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LLD
|
| 7 |
Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LL. D.
|
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