During the last some decades we can find out a significant increasing of crimes committed through the Internet. The most dramatic thing is that such kind of crimes normally cover some countries and therefore international, unified way of prevention and investigation of cyber crimes is needed. There are numerous theories and ways to prevent cyber crimes, to ensure cyber security, but I would focus on some basic directions. There are two basic ways to follow this road: legal and procedural way, which is partly defined by European Convention on Cybercrime (2001).
I think we have gone a little bit far. Let's come some steps back.
I would firstly like to define the notion of law. There are a lot of definitions of this concept, but according to Geoffrey
Robertson, law is a system of rules and guidelines which are enforced through social institutions to govern behaviour.
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So, a law is the basic instrument to ensure public order, order on the state level and also on international level.
The “rule of law" is the authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
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Therefore the rule of law is the basic factor to let's say prevent chaos. But, there is a thin line between law (in terms of ensuring order) and democracy. Democracy can not be implemented, can not be assured without the rule of law. At the same time, the rule of law prescribes restrictions of somebodies rights to ensure public order, state order, order in society. Human rights, at the same time, have never to be violated. The world seriously face...
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...uncertain question to sybersecurity: position of “lawyer” about freedom and compliance of human rights in syberspace, and position of “law enforcement agencies” about prevention and investigation of cyber-crimes, and ensuring of human rights, of sure.
Both positions are about the rule of law in cyber-space, but there are no unified complete understanding of the same way of interacting for the above mentioned players.
The only and the best way to find out comprehension between the above mentioned players are to make IGF (internet-governance forums) more opened for society, to share results of
IGF among LEA, lawyers, government and Internet-users (via mass-media, ISP, other players). We should also pay attention to International organizations (UN, Council of Europe and others) and
International courts, which could also simplify the “unwritten” positions in cyberspace.
the laws it chooses, 2. the rule of law, which says that laws must be
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
should be enforced over human laws, and society’s deviations from this norm, such as “the
The most manageable way to approach such an intricate and abstruse concept such as public order is to first establish it as a means...
laws is to keep the bad things out from the old society out such as
In the 21st century, crimes have been and remains as one of the post-major threats towards
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Many believe that order should be applied by the government; though it should be allowed to a certain limit and should not interfere in a citizen’s personal life. However others believe that full freedom should be given to individuals and that nothing should be enforced as it brings along many differences between citizens. This essay will attempt to study and answer the long awaited question; which of the two are more beneficial for the society.
the laws of man and kept in check by society's own norms. The human struggle to
The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey Walker in his 1988 paper wrote ‘…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it’.
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
There are different groups, from law enforcement agencies to the U.S. Secret Service, that are attempting to combat the problem through cooperation and preemptive efforts. If these groups combined with the public to protect themselves and the country from criminals that commit cybercrime, the nation’s network and technology servers would be much safer for technology users. Clearly, cybercrime is a problem because it puts internet users at risk of being taken advantage of or harmed. The advantages of technology and the internet have led more criminals to use cyberspace to commit crimes. The threat of cybercrime is increasing as globalization continues to spread across the world.
Many works on governing cybersecurity agree that privacy, security, and trust, though different concepts are intertwined in the online world. Articles such as Cyber Security and User Responsibility: Surprising Normative Differences (Strawser and Joy, 2015). As well as Abbas. J and Agosto. D's (2017) work Don’t be dumb—that’s the rule I try to live by: A closer look at older teens’ online privacy and safety attitudes, are just two examples that support this theory. Confidentiality online and security is a balancing act, yet if either is breached trust can be damaged, as highlighted by Wright, D and Kreissl, R’s (2013) work European responses to the Snowden revelations: A discussion paper. Simpkins, Yuan, Modi, Zhan and Yang’s, (2015) findings in ‘A Course Module on Web Tracking and Privacy’ supports the idea that everyone views the internet differently. Having priorities towards different aspects of their online experiences, some prefer conveyance while others value safety above all else. This divide of usage creates different challenges, how to protect users online without inhibiting their activities or breaching ethics, which regulations and policies should be implemented and while also educating individuals to self-regulate their protective systems