PRIVACY AND FREEDOM ISSUES IN THE CYBER WORLD:
Privacy and freedom issues in cyber security with reference
to ICT law take on important new meaning in cyberspace. Privacy and freedom of
expression is said to be universally known as any individual's fundamental
right. But when we talk about these rights in terms of cyberspace, the meaning
comes out to be very different. Our constitution have various laws regarding
this, how these laws play a different role when evaluating online and offline
privacy and freedom of expression. This comes to be true when the source of information is outside the jurisdiction of those endeavoring to control speech.
The cyber-world is both informational and interactive with lots
of autonomy. Everything is available on the internet, which people do for their personal convenience, including personal details, professional details, bank
details, and even private keys of individuals. All this information can lead
to serious privacy risk. Along with that how much private data of an individual
should be accessible to the government. Also, Hate speech on the internet, or speech
designed to target, oppress or incite hatred or violence against a person or
group based on cast, creed, race, religion, nationality, gender, sexual
orientation, disability or another group characteristic, do not get affected by locations,
time and boundaries. Due to the freely available internet services worldwide,
incidents of profane talk has become known throughout the world within seconds
and can cause serious repercussion. India presently does not have any specific
legislation governing data protection or privacy, especially in ICT law.
However, the right to privacy deals with freedom of
expression under The Constitution of Bangladesh but still there work is not
actively involved when it comes to cybercrime. Although Bangladesh has come
up with ICT Act, of 2006 and the subsequent amendment to it in 2016 yet it is not
able to cover the complete boundaries of cybercrimes, like a very crucial issue
of right to privacy. This only shows the imbalance between age-old procedures
adopted in Bangladesh and the advancement which Bangladeshi society has made.
The session focuses on the dynamics of the cyber world with respect of privacy
concerns and freedom issues with special reference to cyber laws of countries
like India, the European Nations and the United States of America. The problem of how
to reconcile all the conflicting claims arising out of the issues of privacy in
the context of Internet exposure and the right to freedom of speech. The paper
will raise all these issues and discuss the legal implications on the intrusion
of the freedom of speech along with some case studies on privacy intrusion.
NATURE OF PRIVACY RIGHTS:
The right to privacy is an element of various legal
traditions to restrain governmental and private actions that threaten the
privacy of individuals."2 Over 150 national constitutions mention the
right to privacy.
Since the Global surveillance disclosure of 2013, initiated by
ex- NSA employee Edward Snowden, the inalienable human right to privacy has
been a subject of international debate. Government Agencies, such as the NSA,
CIA, R&AW and GCHQ, have engaged in mass, global surveillance.
Some current debates around the right to privacy include
whether privacy can co- exist with the current capabilities of intelligence
agencies to access and analyze many details of an individual's life; whether or
not the right to privacy is forfeited as part of the social contract to bolster
defense against supposed terrorist threats; and whether threats of terrorism
are a valid excuse to spy on the general population.
Private sector actors can also threaten the right to privacy
particularly technology companies such as Amazon, Apple, Facebook, Google and
Yahoo that use and collect personal data. These concerns have been strengthened
by a scandal, including the Facebook, Cambridge Analytica data scandal, which
focused on the philosophic company Cambridge Analytica use personal data from
Facebook to influence large groups of people
INTERNET PORNOGRAPHY & RIGHT TO PRIVACY:
Internet pornography is any pornography that is accessible
over the Internet, primarily via websites, or peer-to-peer file sharing, availability
of widespread public access to the World Wide Web in late 1990s led to the
growth of Internet pornography.
A 2015 study finds "a big jump" in pornography
viewing over the past few decades, with the largest increase occurring between
people born in the 1970s and those born in the 1980s. While the study's authors
note this increase is "'smaller than conventional wisdom might predict,"
it's still quite significant. Children born in the 1980s onward are also the
first to grow up in a world where they have access to the Internet beginning in
their teenage years, and these early or Usenet newsgroups. The exposure and
access to Internet pornography may be the primary driver of the increase."
The sex and tech conference series are Electronika dedicated their 2007
conference to what they call pro-innovation. The con
presented a keynote by culture theorist Mark Dery and published a reader about
the subject.
The Internet is an international network and there are
currently no international laws regulating pornography; each country deals with
Internet pornography differently. Generally, in the United States, if the act
depicted in the pornographic content is legal in the jurisdiction that it is
being distributed from then the distributor of such content would not be in
violation of the law regardless of whether it is accessible in countries where
it is illegal. This does not apply to those who access pornography,
however, as they could still be prosecuted under local laws in their country.
Due to enforcement problems in anti-pornography laws over the Internet,
countries that prohibit or heavily restrict access to pornography have taken
other approaches to limit access by their citizens, such as employing content
filters.
In response to concerns with regard to children accessing
age-inappropriate content, the adult industry, through the Association of Sites
Advocating Child Protection (ASACP), began a self-labeling initiative called
the Restricted to Adults label (RTA). This label is recognized by many web
filtering products and is entirely free to use.
CYBERBULLYING AND CYBERSTALKING:
Cyberbullying
Cyberbullying or cyber-harassment is a form of bullying or
harassment using electronic means. Cyberbullying and cyber harassment are also
known as online bullying. It has become increasingly common, especially among
teenagers, as the digital sphere has expanded and technology has advanced. Cyberbullying
is When someone, typically a teenager, bullies or harasses others on the
internet and in other digital spaces, particularly on social media sites.
Harmful bullying behavior can include posting rumors, threats, sexual remarks,
a victim's personal information, or pejorative labels (i.e. hate speech), Bullying
or harassment can be identified by repeated behavior and an intent to harm.
Victims of cyberbullying may experience lower self-esteem, increased suicidal
ideation, and a variety of negative emotional responses including being scared.
frustrated, angry, or depressed.
DIFFERENCE BETWEEN CYBERBULLYING & CYBERSTALKING:
Cyberbullying, cyber-harassment and cyber-stalking are all
the same. Because they all include one form or the other of...
- · Insults or degradation
- · Threat to harm
- · Spreading rumors or defamation
- · Identity theft
- · Constant provocation
In one form or the other. So what it is that sets them
apart? Short answer: age.
It is generally believed that when both parties are minors,
the act would be considered cyberbullying, If one or both sides of the act are
adults, then we've touched the cyber-stalking or cyber-harassment territory. Another
thing that a cyber-stalker would do that your everyday cyberbully would not is
that they would know all the times you come online. They would find out all the
social media outlets on which you are available and bug you on every single one
of them.
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