The Internet & The Law = C.Y.B.E.R.L.A.W

1.  WHAT IS CYBER LAW?

• Cyberlaw is is a term that encapsulates the legal issues related to use of communicative, transactional, and distributive aspects of networked information devices and technologies. It is less a distinct field of law than property or contract law, as it is a domain covering many areas of law and regulation. Some leading topics include intellectual property, privacy, freedom of expression, and jurisdiction.  
• Information Technology LawIT Law) is a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally. These legal enactments cover a broad gamut of different aspects relating to computer software, protection of computer software, access and control of digital information, privacy, security, internet access and usage, and electronic commerce. These laws have been described as "paper laws" for "paperless environment".

2. AREAS OF LAW IN CYBERLAW

• There is intellectual property in general, including copyright, rules on fair use, and special rules on copy protection for digital media, and circumvention of such schemes. The area of software patents is controversial, and still evolving in Europe and elsewhere.

• The related topics of software licenses, end user license agreements, free software licenses and open-source licenses can involve discussion of product liability, professional liability of individual developers, warranties, contract law, trade secrets and intellectual property. As of early 2004, open-source licenses have not been tested in the courts.

In various countries, areas of the computing and communication industries are regulated – often strictly – by government bodies.

• There are rules on the uses to which computers and computer networks may be put, in particular there are rules on unauthorized access, data privacy and spamming. There are also limits on the use of encryption and of equipment which may be used to defeat copy protection schemes. The export of Hardware and Software between certain states is also controlled.

• There are laws governing trade on the Internet, taxation, consumer protection, and advertising.

• There are laws on censorship versus freedom of expression, rules on public access to government information, and individual access to information held on them by private bodies. There are laws on what data must be retained for law enforcement, and what may not be gathered or retained, for privacy reasons.

In certain circumstances and jurisdictions, computer communications may be used in evidence, and to establish contracts. New methods of tapping and surveillance made possible by computers have wildly differing rules on how they may be used by law enforcement bodies and as evidence in court.
Computerized voting technology, from polling machines to internet and mobile-phone voting, raise a host of legal issues.
Some states limit access to the Internet, by law as well as by technical means.

3. ISSUES IN CONCERN

Some observers have asserted that cyberlaw does not exist, since few of the legal issues raised by the Internet are novel and few branches of law are determined by technology. However, others argue that cyberspace should be considered different from real space, as far as legal issues are concerned. Furthermore, since the Internet transcends territorial boundaries, it renders territorially based laws obsolete. They predict that cyberlaw will become a new form of transnational law, ushering in greater standardization of Internet-related legal regulations worldwide to accommodate e-commerce, globalization, and the spread of western, democratic ideals. Some view this as the opportunity for greater freedoms, security, and prosperity to be extended to more people around the globe. Others, however, fear that such a trend will infringe on national sovereignty and legal jurisdictions. Finally, they caution that cyberlaw will benefit the interests of large, multinational businesses and police surveillance, rather than the civil liberties of individual citizens.

As a conclusion, i think that cyber law is still in progress ( i mean in the process of expandition n enforcement of its judiciary! there's still more to do and we will discussed it in the next writing! Arigatohozaimas,thank you

Terima Kasih!!!