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The right to privacy and identity on social network sites : a comparative legal perspectiveSkosana, Milton Themba 12 April 2018 (has links)
This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data protection law as the protection of the rights to privacy and identity are interlinked with data protection in that data protection assumes importance when there is processing of personal information on SNSs.
The study seeks to determine whether South African law provides adequate protection for the interests that form the object of these personality rights, and highlights certain shortcomings, particularly in the context of SNSs. It also suggests solutions where there are shortcomings by learning from other jurisdictions. Related issues investigated are: who should be held responsible for the user-generated content uploaded on SNSs; the role of the Internet Service Provider (ISP); and how to deal with anonymous defendants. / Private Law / LL. M.
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The taxation of electronic commerce and the implications for current taxation practices in South AfricaDoussy, Elizabeth 01 January 2002 (has links)
This study analyses the nature and implementation of electronic commerce in order to
identify possible problems for taxation and pinpoint those problems which may be relevant
to South Africa. Solutions suggested by certain countries and institutions are evaluated for
possible implementation in South Africa.
The study suggests that although current taxation legislation in South Africa is apP'icable
to electronic commerce transactions it is not sufficient to cater effectively for this type of
business. The conclusion reached Is that international co-operation is essential in finding
solutions. A number of recommendations are made regarding aspects of South African
taxation legislation which need to be clarified through policy decisions.
Title of / Taxation / M.Comm.
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Global Village, Global Marketplace, Global War on Terror: Metaphorical Reinscription and Global Internet GovernanceShah, Nisha 28 September 2009 (has links)
My thesis examines how metaphors of globalization shape the global governance of the Internet. I consider how, in a short span of time, discussions of the Internet’s globalizing potential have gone from the optimism of the global village to the penchant of the global marketplace to the anxiety of the global war on terror. Building upon Rorty’s theory of metaphors and Foucault’s notion of productive power, I investigate how the shifts in these prevailing metaphors have produced and legitimated different frameworks of global governance. In considering how these patterns of governance have been shaped in the context of a familiar example of globalization, I demonstrate that globalization has an important discursive dimension that works as a constitutive force – not only in Internet governance, but in global governance more generally.
By illuminating globalization’s discursive dimensions, this thesis makes an original theoretical contribution to the study of globalization and global governance. It demonstrates that globalization is more than a set of empirical flows: equally important, globalization exists as a set of discourses that reconstitute political legitimacy in more ‘global’ terms. This recasts the conventional understanding of global governance: rather than a response to the challenges posed by the empirical transcendence of territorial borders or the visible proliferation of non-state actors, the aims, institutions and policies of global governance are shaped and enabled by discourses of globalization, and evolve as these discourses change. In short, this thesis provides further insight into globalization’s transformations of state-based political order. It links these transformations to the discursive processes by which systems of global governance are produced and legitimated as sites of power and authority.
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The liability of internet intermediariesRiordan, Jaani January 2013 (has links)
Internet intermediaries facilitate a wide range of conduct using services supplied over the layered architecture of modern communications networks. Members of this class include search engines, social networks, internet service providers, website operators, hosts, and payment gateways, which together exert a critical and growing influence upon national and global economies, governments and cultures. This research examines who should face legal responsibility when wrongdoers utilise these services tortiously to cause harm to others. It has three parts. Part 1 seeks to understand the nature of an intermediary and how its liability differs from the liability of primary defendants. It classifies intermediaries according to a new layered, functional taxonomy and argues that many instances of secondary liability in English private law reflect shared features and underlying policies, including optimal loss-avoidance and derivative liability premised on an assumption of responsibility. Part 2 analyses intermediaries’ monetary liability for secondary wrongdoing in two areas of English law: defamation and copyright. It traces the historical evolution of these doctrines at successive junctures in communications technology, before identifying and defending limits on that liability which derive from three main sources: (i) in-built limits contained in definitions of secondary wrongdoing; (ii) European safe harbours and general limits on remedies; and (iii) statutory defences and exceptions. Part 3 examines intermediaries’ non-monetary liability, in particular their obligations to disclose information about alleged primary wrongdoers and to cease facilitating wrongdoing where it is necessary and proportionate to do so. It proposes a new suite of non-facilitation remedies designed to restrict access to tortious internet materials, remove such materials from search engines, and reduce the profitability of wrongdoing. It concludes with several recommendations to improve the effectiveness and proportionality of remedies by reference to considerations of architecture, anonymity, efficient procedures, and fundamental rights.
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Přímý prodej / Direct sellingTuček, Martin January 2010 (has links)
Theoretical section defines the concept of direct selling, describes its history and current development in the world and in the Czech Republic. It further addresses its advantages and organizations which determine international rules and ethical standards of direct selling. The practical part focuses on direct selling of telecommunications services. First, it analyzes development of telecommunication market in years 2007-2011. Based on this analysis, it presents strategy of building a data network of local Internet service provider PJcomp Ltd. in the same period. It describes pricing and practices in direct selling of internet connection. It further addresses the negotiating tactics towards residential houses, developers and suppliers of IT services. The conclusion is based on SWOT analysis and proposes a new corporate strategy.
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A fenomenologia da sociedade da informação e a responsabilidade civil à luz da Lei n.12.965/14 – Marco Civil da InternetRotundo, Rafael Pinheiro 23 February 2018 (has links)
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Previous issue date: 2018-02-23 / The technological advancement provided by the global computer network has revolutionized human activities, communications have become easier, territorial boundaries between countries do not exist in the virtual world, and trade has been driven on a global scale.
In this revolutionary network context, problems of high complexity arise that threaten the safety of users and the system itself. The lack of control and anonymity created a false impression that the internet would be an environment without rules, in which the wrong would not be grieved. In this context, civil liability for damages on the Internet is a subject that the law can’t refrain from dealing with, since its dynamism must be careful to protect and protect any offense that causes imbalance.
At a first moment the work will address the characteristics of the information society, how the interpersonal relationships were affected by the digital age, and then to address the technical issues of the Internet, its operation, what services are available, its operators and other agencies.
In a second moment, it will be approached to the civil responsibility of its evolution in counterpart to the society of the information, developing its study, as well as the elements that integrate it, with the action or omission, damage and causal link. Therefore its repercussions before entering the legal world of the Internet Civil Law, Law 12.965/2014, its interpretation by the STJ and the treatment of the subject in other countries / O avanço tecnológico proporcionado pela rede mundial de computadores revolucionou as atividades desenvolvidas pelo ser humano; as comunicações tornaram-se mais fáceis, as fronteiras territoriais entre os países desapareceram no mundo virtual e o comércio foi impulsionado em escala global.
Neste contexto revolucionário de rede, surgiram problemas de alta complexidade que ameaçam a segurança dos usuários e do próprio sistema. A ausência de controle e o anonimato fizeram crescer uma falsa impressão de que a internet seria um ambiente sem regras, em que o ilícito não seria apenado. Nesse contexto, a responsabilidade civil pelo dano na internet é um tema sobre o qual o Direito não pode se abster, pois seu dinamismo deve ficar atento para proteger e resguardar qualquer ofensa que cause desequilíbrio.
Em um primeiro momento a pesquisa abordará as características da sociedade de informação, a maneira como os relacionamentos interpessoais foram afetados pela era digital para, em seguida, abordar as questões técnicas da internet, seu funcionamento, serviços disponíveis, operadores e demais órgãos de atuação.
Em um segundo momento será abordada a responsabilidade civil tendo em vista sua evolução em contrapartida à sociedade da informação. Serão estudados os elementos que a integram, a ação ou omissão, o dano e o nexo de causalidade. Por conseguinte, e ao final, suas repercussões ante o ingresso no mundo jurídico da Lei n.12.965/14, conhecida como Marco Civil da Internet, sua interpretação pelo Superior Tribunal de Justiça e o tratamento dedicado ao tema por outros países
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Designing and implementing a small scale Internet Service ProviderBrown, Johan, Gustafsson Brokås, Alexander, Hurtig, Niklas, Johansson, Tobias January 2009 (has links)
<p>The objective of this thesis is to design and implement a small scaleInternet Service Provider (ISP) for the NetCenter sub department atMälardalen University. The ISP is intended to give NetCenter a networkseparate from the University’s network, providing them with a moreflexible environment for lab purposes. This will give their students anopportunity to experience a larger backbone with Internet accessibility,which has not been previously available. At the same time it will place theteachers in control of the network in the NetCenter lab premises.The network is designed with a layered approach including an Internetaccess layer, a larger core segment and a distribution layer with aseparated lab network. It also incorporates both a public and a privateserver network, housing servers running e.g. Windows Active Directory,external DNS services, monitoring tools and logging applications. TheInternet access is achieved by peering with SUNET providing a full BGPfeed.This thesis report presents methods, implementations and results involvedin successfully creating the NetCenter ISP as both a lab network and anInternet provider with a few inevitable shortcomings; the most prominentbeing an incomplete Windows Domain setup.</p>
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Third-Party TCP Rate ControlBansal, Dushyant January 2005 (has links)
The Transmission Control Protocol (TCP) is the dominant transport protocol in today?s Internet. The original design of TCP left congestion control open to future designers. Short of implementing changes to the TCP stack on the end-nodes themselves, Internet Service Providers have employed several techniques to be able to operate their network equipment efficiently. These techniques amount to shaping traffic to reduce cost and improve overall customer satisfaction. <br /><br /> The method that gives maximum control when performing traffic shaping is using an inline traffic shaper. An inline traffic shaper sits in the middle of any flow, allowing packets to pass through it and, with policy-limited freedom, inspects and modifies all packets as it pleases. However, a number of practical issues such as hardware reliability or ISP policy, may prevent such a solution from being employed. For example, an ISP that does not fully trust the quality of the traffic shaper would not want such a product to be placed in-line with its equipment, as it places a significant threat to its business. What is required in such cases is third-party rate control. <br /><br /> Formally defined, a third-party rate controller is one that can see all traffic and inject new traffic into the network, but cannot remove or modify existing network packets. Given these restrictions, we present and study a technique to control TCP flows, namely triple-ACK duplication. The triple-ACK algorithm allows significant capabilities to a third-party traffic shaper. We provide an analytical justification for why this technique works under ideal conditions and demonstrate via simulation the bandwidth reduction achieved. When judiciously applied, the triple-ACK duplication technique produces minimal badput, while producing significant reductions in bandwidth consumption under ideal conditions. Based on a brief study, we show that our algorithm is able to selectively throttle one flow while allowing another to gain in bandwidth.
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Third-Party TCP Rate ControlBansal, Dushyant January 2005 (has links)
The Transmission Control Protocol (TCP) is the dominant transport protocol in today?s Internet. The original design of TCP left congestion control open to future designers. Short of implementing changes to the TCP stack on the end-nodes themselves, Internet Service Providers have employed several techniques to be able to operate their network equipment efficiently. These techniques amount to shaping traffic to reduce cost and improve overall customer satisfaction. <br /><br /> The method that gives maximum control when performing traffic shaping is using an inline traffic shaper. An inline traffic shaper sits in the middle of any flow, allowing packets to pass through it and, with policy-limited freedom, inspects and modifies all packets as it pleases. However, a number of practical issues such as hardware reliability or ISP policy, may prevent such a solution from being employed. For example, an ISP that does not fully trust the quality of the traffic shaper would not want such a product to be placed in-line with its equipment, as it places a significant threat to its business. What is required in such cases is third-party rate control. <br /><br /> Formally defined, a third-party rate controller is one that can see all traffic and inject new traffic into the network, but cannot remove or modify existing network packets. Given these restrictions, we present and study a technique to control TCP flows, namely triple-ACK duplication. The triple-ACK algorithm allows significant capabilities to a third-party traffic shaper. We provide an analytical justification for why this technique works under ideal conditions and demonstrate via simulation the bandwidth reduction achieved. When judiciously applied, the triple-ACK duplication technique produces minimal badput, while producing significant reductions in bandwidth consumption under ideal conditions. Based on a brief study, we show that our algorithm is able to selectively throttle one flow while allowing another to gain in bandwidth.
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Pricing Multicast Network ServicesShrinivas, V Prasanna 05 1900 (has links)
Multicast has long been considered an attractive service for the Internet for the provision of multiparty applications. For over a decade now multicast has been a proposed IETF standard. Though there is a strong industry push towards deploying multicast, there has been little multicast deployment by commercial Internet Service Providers (ISPs) and more importantly most end-users still lack multicast capabilities. Depending on the underlying network infrastructure, the ISP has several options of implementing his multicast capabilities. With significantly faster and more sophisticated protocols being designed and prototyped, it is expected that a whole new gamut of applications that are delay sensitive will come into being. However, the incentives to resolve the conflicting interests of the ISPs and the end-users have to be provided for successful implementation of these protocols. Thus we arrive at the following economic questions: What is the strategy that will enable the ISP recover his costs ? How can the end-user be made aware of the cost of his actions ? Naturally, the strategies of the ISP and the end-user depend on each other and form an economic game. The research problems addressed in this thesis are:
A pricing model that is independent of the underlying transmission protocols is prefered. We have proposed such a pricing scheme for multicast independent of the underlying protocols, by introducing the concept of pricing points* These pricing points provide a range of prices that the users can expect during a particular time period and tune their usage accordingly. Our pricing scheme makes both the sender and receiver accountable. Our scheme also provides for catering to heterogeneous users and gives incentive for differential pricing.
We explore a number of formulations of resource allocation problems arising in communication networks as optimization models. Optimization-based methods were only employed for unicast congestion control. We have extended this method for single rate multicast. We have also devised an optimization-based approach for multicast congestion control that finds an allocation rate to maximize the social welfare. Finally we also show that the session-splitting problem can also be cast as an optimization problem.
The commonly used "max-min" fairness criteria suffers from serious limitations like discriminating sessions that traverse large number of links and poor network utilization. We provide an allocation scheme that reduces discrimination towards multicast sessions that traverse many links and also improves network utilization.
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