| Titre : | Cyber content control in the age of Daesh: Aspects of public-private cooperation | | Type de document : | texte imprimé | | Auteurs : | Giula Giacomelli, Auteur ; Anne Weyembergh, Directeur de thèse ; Gilles de Kerchove, Conseiller scientifique | | Editeur : | Université de Bruxelles - Institut d’Études Européennes | | Année de publication : | 2016 | | Importance : | 64 p | | Note générale : | Advanced Master in European Law (LLM) | | Langues : | Anglais | | Catégories : | AUTRES:Mémoires de fin d'études, thèses, rapports de stage, ...
DROIT : Droit européen : Internet
MEDIAS:AUDIOVISUEL: RADIO:Numérique
| | Tags : | internet régulation autorégulation liberté d'expression Europe législation SMA radicalisation | | Index. décimale : | 004.678 Internet | | Résumé : | Introduction (p.5+6 du document):
" (...) It is no mystery that Internet has changed our lives, shaped the way we conceive our daily habits. It revolutionised inter alia education systems, media, job market, and human relations. According to a famous Bill Gates’s quotation: ‘The internet is becoming the town square for the global village of tomorrow’. Given its dominance, Internet seems to have evolved in a virtual αγορά emulating its democratic modalities of exchange and communication. In parallel, Western countries have been struck by terrorist attacks in the last 20 years. According to recent surveys commissioned by the EU Parliament2 , the wake of the attacks strongly affected Europeans’ sense of security. However, if there is a lesson to learn from what happened in the US after the 9/11, states must act resiliently and do not give the way to the pressing risk of insecurity by lowering our democratic societies’ standards of freedoms protection.
Nonetheless, it is undeniable that terrorists make more and more use of Internet. The challenge that we have in front of us is shifting. Striking the balance between freedom and security has always been critical, and in an attempt to comply with the American libertarian doctrine governments have abstained from regulating Internet phenomenon. In light of these observations, this paper will centre around, first, the cyberthreat posed by Daesh and the technical and legal obstacles to cope with it. In the second part, the legal framework of the cooperation with the private sector in the taking down procedures of illegal content will be analysed. Before entering into details, it is worth providing disclaimers which would help throughout the reading of the text. First of all, the so-called Islamic State (of Iraq and Syria) will be referred to as Daesh. As also the UN Secretary General highlighted, ‘they certainly do not represent a State’ and provocatively suggested to call them ‘Un-Islamic Non-State’ 3 . We have to refrain from a-technically calling them ‘State’ in order to avoid false expectations of recognition from the international community. As a consequence, even if the wording IS or ISIS is the most used, this paper rather opts for ‘Daesh’. Moreover, the notions of social media and social networks will frequently come up. However, their precise definitions are often misunderstood. Normally, social media is a broader category which encompasses also social networking services that can be defined as ways to engage, t interact with other virtual users. Nonetheless, these categories are blurred. If we follow a functional approach, the same ISPs, like Facebook, can be considered as social media when intended as a tool, or a social networking platform. Last but not least, data protection concerns do not fall within the scope of this dissertation.”
| | Note de contenu : | Introduction
I. The extent of the cyberthreat posed by Daesh: fundamental rights and security
A. The recourse to encrypted communication tools and the debate surrounding their regulation
B. The regulation of Internet content: when the protection of freedom of expression reveals national margins of appreciation
1. Regulating or not regulating Internet content, that was the question
2. Internet as a new space to exercise freedom of speech and the applied restrictions
i.Challenges caused by the existence of margins of appreciation, the example of the Yahoo! Case
3. The difficult approximation of substantive criminal law in the field of online criminal activities
C. The EU response to radicalisation and online recruitment
D. Conclusion
II. Legal framework of the cooperation with the private sector
A. Models of online content governance in the public-private partnership: in seek of checks and balances
1. Actors of the Internet service industry chain potentially involved in the content taking down procedure
2. Content regulation policy approaches: the way towards co-regulation
3. Mind the cliff! The intrinsic danger of the privatisation of censorship
B. The EU’s efforts in regulating illegal online content
1. Digital Single Market Strategy: the way forward
i. The proposal amending the Audiovisual Media Service Directive
ii. The extended application of the e-commerce Directive to the new content regulators
2. The issues (temporarily) left to self-regulation and the role of the EU Internet Forum
3. Europol’s Internet Referral Unit (IRU): a hub of expertise
4. Conclusion
Conclusions
Bibliography
|
Cyber content control in the age of Daesh: Aspects of public-private cooperation [texte imprimé] / Giula Giacomelli, Auteur ; Anne Weyembergh, Directeur de thèse ; Gilles de Kerchove, Conseiller scientifique . - [S.l.] : Université de Bruxelles - Institut d’Études Européennes, 2016 . - 64 p. Advanced Master in European Law (LLM) Langues : Anglais | Catégories : | AUTRES:Mémoires de fin d'études, thèses, rapports de stage, ...
DROIT : Droit européen : Internet
MEDIAS:AUDIOVISUEL: RADIO:Numérique
| | Tags : | internet régulation autorégulation liberté d'expression Europe législation SMA radicalisation | | Index. décimale : | 004.678 Internet | | Résumé : | Introduction (p.5+6 du document):
" (...) It is no mystery that Internet has changed our lives, shaped the way we conceive our daily habits. It revolutionised inter alia education systems, media, job market, and human relations. According to a famous Bill Gates’s quotation: ‘The internet is becoming the town square for the global village of tomorrow’. Given its dominance, Internet seems to have evolved in a virtual αγορά emulating its democratic modalities of exchange and communication. In parallel, Western countries have been struck by terrorist attacks in the last 20 years. According to recent surveys commissioned by the EU Parliament2 , the wake of the attacks strongly affected Europeans’ sense of security. However, if there is a lesson to learn from what happened in the US after the 9/11, states must act resiliently and do not give the way to the pressing risk of insecurity by lowering our democratic societies’ standards of freedoms protection.
Nonetheless, it is undeniable that terrorists make more and more use of Internet. The challenge that we have in front of us is shifting. Striking the balance between freedom and security has always been critical, and in an attempt to comply with the American libertarian doctrine governments have abstained from regulating Internet phenomenon. In light of these observations, this paper will centre around, first, the cyberthreat posed by Daesh and the technical and legal obstacles to cope with it. In the second part, the legal framework of the cooperation with the private sector in the taking down procedures of illegal content will be analysed. Before entering into details, it is worth providing disclaimers which would help throughout the reading of the text. First of all, the so-called Islamic State (of Iraq and Syria) will be referred to as Daesh. As also the UN Secretary General highlighted, ‘they certainly do not represent a State’ and provocatively suggested to call them ‘Un-Islamic Non-State’ 3 . We have to refrain from a-technically calling them ‘State’ in order to avoid false expectations of recognition from the international community. As a consequence, even if the wording IS or ISIS is the most used, this paper rather opts for ‘Daesh’. Moreover, the notions of social media and social networks will frequently come up. However, their precise definitions are often misunderstood. Normally, social media is a broader category which encompasses also social networking services that can be defined as ways to engage, t interact with other virtual users. Nonetheless, these categories are blurred. If we follow a functional approach, the same ISPs, like Facebook, can be considered as social media when intended as a tool, or a social networking platform. Last but not least, data protection concerns do not fall within the scope of this dissertation.”
| | Note de contenu : | Introduction
I. The extent of the cyberthreat posed by Daesh: fundamental rights and security
A. The recourse to encrypted communication tools and the debate surrounding their regulation
B. The regulation of Internet content: when the protection of freedom of expression reveals national margins of appreciation
1. Regulating or not regulating Internet content, that was the question
2. Internet as a new space to exercise freedom of speech and the applied restrictions
i.Challenges caused by the existence of margins of appreciation, the example of the Yahoo! Case
3. The difficult approximation of substantive criminal law in the field of online criminal activities
C. The EU response to radicalisation and online recruitment
D. Conclusion
II. Legal framework of the cooperation with the private sector
A. Models of online content governance in the public-private partnership: in seek of checks and balances
1. Actors of the Internet service industry chain potentially involved in the content taking down procedure
2. Content regulation policy approaches: the way towards co-regulation
3. Mind the cliff! The intrinsic danger of the privatisation of censorship
B. The EU’s efforts in regulating illegal online content
1. Digital Single Market Strategy: the way forward
i. The proposal amending the Audiovisual Media Service Directive
ii. The extended application of the e-commerce Directive to the new content regulators
2. The issues (temporarily) left to self-regulation and the role of the EU Internet Forum
3. Europol’s Internet Referral Unit (IRU): a hub of expertise
4. Conclusion
Conclusions
Bibliography
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