Basic human rights, like freedom of expression, freedom of the press, and privacy, are being radically transformed by new technologies. The manifestation of these rights in online spaces is known as “digital rights,” which can be impeded or empowered through the design, governance, and litigation of emerging technologies. Design defines how people encounter the digital world. Some design choices can exploit the right to privacy by commodifying attention through tactics that keep users addicted to maximize profitability; similar design mechanisms and vulnerabilities have facilitated the abuse of journalists and human rights advocates across the globe. But design can also empower human rights, providing novel tools of resistance, accountability, and accessibility, as well as the inclusion of previously underserved voices in the development process. The new capabilities offered by these technologies often transcend political boundaries, presenting complex challenges for meaningful governance and regulation. To address these challenges, collaborations like the Internet Governance Forum and NETmundial have brought together stakeholders from governments, nonprofits, industry, and academia, with efforts to address digital rights like universal internet access. Concurrently, economic forces and international trade negotiations can have substantial impacts on digital rights, with attempts to enforce steeper restrictions on intellectual property. Private actors have also fought to ensure their digital rights through litigation. In Europe, landmark cases have reshaped the international management of data and privacy. In India, indefinite shutdowns of the internet by the government were found to be unconstitutional, establishing online accessibility as a fundamental human right, intimately tied with the right to assembly. And in Africa, litigation has helped ensure freedom of speech and of the press, rights that may affect more individualsas digital technologies continue to shape media. These three spheres—design, diplomacy, and law—illustrate the complexity and ongoing debate to define, protect, and communicate digital rights. Om het artikel te kunnen lezen moet het gekocht worden: https://oxfordre.com/internationalstudies/display/10.1093/acrefore/9780190846626.001.0001/acrefore-9780190846626-e-694?rskey=n09nus&result=4
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Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken a flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case-law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013, the case law gives insight into the differences that still exist after the implementation of the directive.
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The extent to which action research has a democratising influence - and the ethical pitfalls involved in the practice of action research. The conduct of action research within the organisational context and the practice community receives attention.
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