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  • Legal and policy aspects to consider when providing information security in the corporate environment

    Eloff, M. M.; Dagada, Rabelani (2015-07-22)
    E-commerce is growing rapidly due to the massive usage of the Internet to conduct commercial transactions. This growth has presented both customers and merchants with many advantages. However, one of the challenges in E-commerce is information security. In order to mitigate e-crime, the South African government promulgated laws that contain information security legal aspects that should be integrated into the establishment of information security. Although several authors have written about legal and policy aspects regarding information security in the South African context, it has not yet been explained how these aspects are used in the provision of information security in the South African corporate environment.
 This is the premise upon which the study was undertaken. Forty-five South African organisations participated in this research. Data gathering methods included individual interviews, website analysis, and document analysis.
 The findings of this study indicate that most organisations in South Africa are not integrating legal aspects into their information security policies. One of the most important outcomes of this study is the proposed Concept Model of Legal Compliance in the Corporate Environment. This Concept Model embodies the contribution of this study and demonstrates how legal requirements can be incorporated into information security endeavours. The fact that the proposed Concept Model is technology-independent and that it can be implemented in a real corporate environment, regardless of the organisation’s governance and management structure, holds great promise for the future of information security in South Africa and abroad.
 Furthermore, this thesis has generated a topology for linking legislation to the provision of information security which can be used by any academic or practitioner who intends to implement information security measures in line with the provisions of the law. It is on the basis of this premise that practitioners can, to some extent, construe that the integration of legislation into information security policies can be done in other South African organisations that did not participate in this study. Although this study has yielded theoretical, methodological and practical contributions, there is, in reality, more research work to be done in this area.
  • Проблемы защиты прав автора в условиях развития сети Интернет

    Borisova, A. A.; Борисова, А. А. (УрФУ, 2018-10-09)
    Общедоступность современной компьютерной техники, анонимность в глобальной сети Интернет, все это связано с тем, что каждый день происходит создание и распространение копий произведений без соответствующего разрешения авторов или правообладателей. Целью данного исследования является необходимость правового анализа современного авторского права, а так же потребность анализа и разъяснения, функционирующих в Российской Федерации способов защиты авторских прав в сети интернет, для начинающих авторов и прочих заинтересованных лиц.
  • A função social do direito de autor no contexto da sociedade informacional

    Silva, Rosane Leal da; De la Rue, Letícia Almeida (Universidade Federal de Santa MariaCentro de Ciências Sociais e Humanas, 2017-05-22)
    Trabalho de conclusão de curso (graduação) - Universidade Federal de Santa Maria, Centro de Ciências Sociais e Humanas, Curso de Direito, RS, 2012
  • Linking to illicit content - lawful or unlawful conduct?

    Wilkens, Simon (Lunds universitet/Juridiska institutionen, 2016)
    This essay specifically concerns itself with how the EU regulates the activity of using hyperlinks on the internet in connection with copyright protected material. Although there has been prior case-law dealing with this relationship, it is still unclear whether the publishing of a hyperlink which directs the internet user towards unlawfully uploaded copyright protected works, which are freely accessible, constitutes an infringement of the author’s rights. This is the main question in a proceeding currently lodged at the Court of Justice of the European Union (CJEU). If deemed unlawful, it would mean that the use of a hyperlink in said manner would constitute an act of communication to the public in accordance with art. 3(1) of Directive 2001/29/EC of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society (ISD). In addition, the essay discusses how this ruling, deeming this activity either lawful or unlawful, will affect both the right holder and the general users of the internet. After the introduction, the essay in chapter 2 begins with a brief discussion on how the EU legal body is constructed. This is then followed by a somewhat lengthier discussion of the role of the CJEU as it is with this Court that the answer the stated question ultimately lies. Chapter 3 of the essay discusses what the internet is as well as the different types of links that can be used within it. Chapter 4 gives a general overview of how copyright legislation has developed on the EU-level, and what has influenced it. Chapter 5 discusses the most prominent features of the ISD with a focus on the right holder’s right of communication to the public. The essay then in chapter 6 specifically discusses how this right has developed in an internet context by analyzing CJEU case-law that has dealt with some of the provisions of the ISD. This continues in chapter 7, but this chapter instead focuses on the case currently pending before the CJEU that will ultimately resolve the first of the stated questions of which there recently has been an opinion of the Advocate General published. Chapter 8 discusses all of the findings above and these are then brought together in a final conclusion. It is concluded that the answer to the principal question of the essay, whether one lawfully can link to illicitly uploaded content that is freely accessible on the internet, is not definitively ascertained.
  • Linking to illicit content - lawful or unlawful conduct?

    Wilkens, Simon (Lunds universitet/Juridiska institutionen, 2016)
    This essay specifically concerns itself with how the EU regulates the activity of using hyperlinks on the internet in connection with copyright protected material. Although there has been prior case-law dealing with this relationship, it is still unclear whether the publishing of a hyperlink which directs the internet user towards unlawfully uploaded copyright protected works, which are freely accessible, constitutes an infringement of the author’s rights. This is the main question in a proceeding currently lodged at the Court of Justice of the European Union (CJEU). If deemed unlawful, it would mean that the use of a hyperlink in said manner would constitute an act of communication to the public in accordance with art. 3(1) of Directive 2001/29/EC of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society (ISD). In addition, the essay discusses how this ruling, deeming this activity either lawful or unlawful, will affect both the right holder and the general users of the internet. <br /> <br /> After the introduction, the essay in chapter 2 begins with a brief discussion on how the EU legal body is constructed. This is then followed by a somewhat lengthier discussion of the role of the CJEU as it is with this Court that the answer the stated question ultimately lies. Chapter 3 of the essay discusses what the internet is as well as the different types of links that can be used within it. Chapter 4 gives a general overview of how copyright legislation has developed on the EU-level, and what has influenced it. Chapter 5 discusses the most prominent features of the ISD with a focus on the right holder’s right of communication to the public. The essay then in chapter 6 specifically discusses how this right has developed in an internet context by analyzing CJEU case-law that has dealt with some of the provisions of the ISD. This continues in chapter 7, but this chapter instead focuses on the case currently pending before the CJEU that will ultimately resolve the first of the stated questions of which there recently has been an opinion of the Advocate General published. Chapter 8 discusses all of the findings above and these are then brought together in a final conclusion. <br /> <br /> It is concluded that the answer to the principal question of the essay, whether one lawfully can link to illicitly uploaded content that is freely accessible on the internet, is not definitively ascertained.

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