Summary
The Internet is a worldwide computer network that unites millions of computers into a single information system. The Internet provides the amplest opportunities for the free receipt and dissemination of scientific, business, educational, and entertainment information. The global network connects almost all major scientific and governmental organizations, universities and business centers, news agencies, and publishing houses. Virtual libraries, archives, and news feeds contain vast text, graphic, audio, and video information. The Internet has become an inseparable part of modern civilization. The Internet provides a lot of freedom to disseminate information, but not everyone uses this freedom properly. The problems of the contemporary Internet include copyright violations, fraud, and the distribution of obscene content. Therefore, governments of different countries have tried to regulate the Internet but have encountered specific difficulties.
Today, the Internet has reached a level of development and impact on public life that requires state intervention in adopting laws regulating related activities. To determine the direction of such regulation, special studies have been conducted in several countries, public associations have been created, codes of conduct on the Internet are being developed, and draft laws are being discussed. The “international” nature of the Internet allows asserting that the problems of legislative regulation of Internet activities are general and are the same for all countries. The Internet has become a means of distributing and receiving information, providing various services, and a means of communication. With the development of computer technologies, its distinctive features have become accessibility, mass character, and anonymity. In this regard, the question of the responsibility of Internet providers to society for the content of their messages is quite acute.
Methods of Internet Regulation
In many advanced countries, such as the United States, Germany, France, and Canada, laws are being adopted to regulate the transmission of information on the Internet. The state’s role is also increasing because it is necessary to think over the mechanism of responsibility for transmitting information through this means of communication (Richardson et al. para 3). In this regard, it is equally essential to develop the principles of state regulation of the mass media and, in particular, the Internet. Like other global computer networks, the Internet does not exist in a legal vacuum since everything connected with them is subject to the relevant laws in different countries. A unique feature is that it functions simultaneously as a means of publication and communication, although it is radically different from mass broadcasting and traditional telecommunications services.
Currently, the legal regulation of the Internet is being re-evaluated. Questions are being discussed about a new branch of legislation — information law, which fixes the legal protection of information in electronic networks. In some European countries, rules have been adopted or proposed for adoption that allows hosting service providers to be held legally responsible for the content on their computers (Richardson et al. para 3). It happens in cases where they allegedly knew that the proposed content was illegal or did not eliminate it when their attention was drawn to these facts.
Some rules go even further and require access providers, that is, companies that provide Internet access, to restrict access to such sources of information. Network operators usually cannot be held responsible for the content that is transmitted over networks. However, under the terms of the issued licenses, they may be required to take the necessary measures against users or customers if the latter use the networks to transmit illegal content. Over the past few years, many technologies have been created that allow parents to control the information available on the Internet. It is prohibited to create and transmit information that may offend, annoy, or threaten anyone (Richardson et al. para 4). It is forbidden to send obscene, pornographic images using telecommunications if they can be received by persons under 18. Pornographic video products should also be restricted in access for children, including by encrypting the television signal, making it impossible to accept it on a regular TV.
Problems of Internet Regulation
The first group of problems of legal regulation of the Internet is related to e-commerce and is of the most significant interest to the legislator. Among the issues of this group are the problems of determining the place and time of the conclusion of the contract, the reliable determination of the party to the agreement, and accounting and taxation of electronic transactions. Also, due to the cross-border nature of the Internet, it is possible to highlight the issues of applicable law and the choice of jurisdiction. In addition, the network has problems protecting information in general and confidential information and trade secrets in particular.
A separate group includes the problems associated with electronic newspapers and magazines, which may not be published in the traditional sense of the word, that is, on paper. It is problematic to determine whether such newspapers belong to the mass media. If so, it is necessary to understand whether they are subject to regulation as mass media. In addition, the problems of Internet regulation include:
- The lack of a single legal act regulating the operation of the Internet.
- The use of trademarks in the network and the issue of abuse during their registration.
- Information security issues include cryptography, encryption, ensuring access to data security, and protecting private life interests (Richardson et al. para 4).
Thus, government methods of legal regulation of the Internet sometimes become ineffective due to a large number of related difficulties.
If I were responsible for regulating the Internet, I would adhere to the following opinion. Legal regulation is necessary since the Internet has too much influence on modern life. The Internet contains much specific information that may not be useful for children and adolescents. Users should be sure that confidential commercial information and payment systems are protected and secure. There should be a guarantee of the reliability of electronic documents and data and the confidence that they can be used as legal evidence. On the other hand, providing the online environment with the possibility of self-regulation by the forces of scientific and technical communities may be necessary.
If I were responsible for the Internet provider, my answer would not have changed too much since Internet providers should also be aware of the seriousness of the situation. It is difficult to argue that digital means of communication have extensive disruptive potential. The specifics of the functioning of the Internet require not only the addition and refinement of the existing legislative framework but also a new understanding and approach to solving problems. Since it is impossible to establish geographical boundaries on the Internet, these problems should be solved by the legislation of a particular country and the world community.
Work Cited
Richardson, Megan, et al. “Towards responsive regulation of the Internet of Things: Australian perspectives.” Internet Policy Review, vol. 6, no.1, 2017.