Category Archives: HOLA

Managing sysop prerogative in Europe through fabris dualism: An agenda for reform of the European Union and Council of Europe into international organisations

Managing sysop prerogative in Europe through fabris dualism: An agenda for reform of the European Union and Council of Europe into international organisations

Jonathan Bishop

Abstract

The European Union referendum on the 23 June 2016 in the United Kingdom was reported as being the most significant plebiscite for over a generation. Its impacts may only become most apparent when the citizens of the United Kingdom start to demand the same rights that those in the countries that have remained a member of the European Union enjoy. This paper looks at the impact leaving the European Union will have for the United Kingdom in terms of ‘sysop prerogative’ – the right or lack of for information society service providers to do what they want when administering their websites as systems operators, or sysops. The paper argues that a lack of harmonization of laws across Europe will make enforcing sysop prerogative and indeed the very nature of it, more difficult. Even with the outcome of the EU referendum affecting only the United Kingdom, this paper argues that in order to secure a cyberspace free from crime that global cooperation is still needed, but that the European Union in its current form might not be the appropriate vehicle at all, with a combination of the United Nations, Nato and the Council of Europe being more suitable.

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Citation

Jonathan Bishop (2016). Managing sysop prerogative in Europe through fabris dualism: An agenda for reform of the European Union and Council of Europe into international organisations. The International Journal of Internet Trolling and Online Participation 3(1). Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/managing-sysop-prerogative-in-europe-through-fabris-dualism.pdf

Private Lives or Public Property?: The impact of the Leveson Inquiry on Internet security and privacy in the European Union

Private Lives or Public Property?: The impact of the Leveson Inquiry on Internet security and privacy in the European Union

Jonathan Bishop

Abstract

The biggest story in the newspapers of 2012 probably made it into the Leveson Inquiry. This celebrity infested public inquiry intended to be the basis on which the press would be reformed to perform its role as information sources that scrutinise those with power more effectively. Leveson considered issues such as phone hacking and the distribution of private information online. The law is less clear since the publication of the Leveson Inquiry. This paper, therefore, explores the role that European Union law in the areas of property and privacy has on the way the media operates to affect security and privacy. This is achieved through exploring the data security and privacy issues surrounding the British Royal Family, where such issues came to the forefront following the exposure of explicit photographs of the Duke and Duchess of Cambridge, William Wales and Kate Middleton, and also those of Harry Wales.

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Citation

Jonathan Bishop (2015). Private Lives or Public Property?: The impact of the Leveson Inquiry on Internet security and privacy in the European Union. The 14th International Conference on Security and Management (SAM’15). 27-30 July 2015, Las Vegas, NV. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/the-impact-of-the-internet-on-data-security-and-privacy-in-the-european-union.pdf

Transforming the UK Home Office into a Department for Homeland Security: Reflecting on an Interview with a Litigant Defending Against Online Retaliatory Feedback in the US

Transforming the UK Home Office into a Department for Homeland Security: Reflecting on an Interview with a Litigant Defending Against Online Retaliatory Feedback in the US

Jonathan Bishop

Abstract

Retaliatory feedback is a significant problem on the Internet, which is not just confined to online auction websites, but other online environments dependent on reputation systems. Explored in this paper are the acts of an Internet troller who spread malicious and false allegations that the series of conferences called WORLDCOMP are “fake.” This paper interviews one of the organisers of this conference to ask how they went about dealing with the retaliatory feedback, and in particular their engagement with law enforcement agencies, such as from the FBI to the US Department of Homeland Security. To reform the UK Home Office to learn lessons from this, the paper proposes making greater use of National Crime Agency and Police and Crime Commissioners to provide a better strategic set-up for law enforcement under the UK Home Office. It also suggest using publicly funded solicitors and community wardens, as opposed to the current set-up of police constables, to deal with community policing.

References

  • Jonathan Bishop (2017). Transforming the UK Home Office into a Department for Homeland Security: Reflecting on an Interview with a Litigant Defending Against Online Retaliatory Feedback in the US. International Journal of Public Administration in the Digital Age.
  • Jonathan Bishop (2014). Transforming the UK Home Office into a Department for Homeland Security: Reflecting on an Interview with a Litigant Defending Against Online Retaliatory Feedback in the US. Journal of Homeland Security and Emergency Management 11(4), 511-531.
  • Jonathan Bishop (2016). Retraction of: Transforming the UK Home Office into a Department for Homeland Security: Reflecting on an Interview with a Litigant Defending Against Online Retaliatory Feedback in the US. Journal of Homeland Security and Emergency Management 13(1), 1-21.

Sticks and Stones Will Break my Euros: The Role of EU Law in Dealing with Cyber-Bullying through Sysop Prerogative

Sticks and Stones Will Break my Euros: The Role of EU Law in Dealing with Cyber-Bullying through Sysop Prerogative

Jonathan Bishop

Abstract

“Sticks and Stones” is a well-known adage that means that whatever nasty things people say, they will not physically harm one. This is not often the case, as bullying, especially via the Internet, can be quite harmful. There are few anti-bullying laws emanating from the European Union, which is a trading block of 28 member states that have pooled their sovereignty in order to have common laws and practices to boost trade and peace. However, the common legal rules that exist in the EU have implications for those who run websites, including relating to cyber-bullying. These people, known as systems operators, or sysops, can be limited in the powers they have and rules they make through “sysop prerogative.” Sysop prerogative means that a systems operator can do anything which has been permitted or not taken away by statute, or which they have not given away by contract. This chapter reviews how the different legal systems in Europe impact on sysops and change the way in which sysop prerogative can be exercised. This includes not just from the EU legal structure, but equally the European Convention on Human Rights (ECHR), which also has implications for sysops in the way they conduct their activities.

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Reference

Jonathan Bishop (2014). Sticks and Stones Will Break my Euros: The Role of EU Law in Dealing with Cyber-Bullying through Sysop Prerogative. In: Maria Manuela Cruz-Cunha & Irene Maria Portela (Eds.) Handbook of Research on Digital Crime, Cyberspace Security, and Information Assurance. IGI Global, Hershey, PA. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/the-role-of-eu-law-in-dealing-with-cyber-bullying-through-sysop-prerogative.pdf

Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain

Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain

Jonathan Bishop

Abstract

This article proposes the need for ‘dualism’ in the legal system, where civil and criminal offences are considered at the same time, and where both the person complaining and the person responding are on trial at the same time. Considered is how reforming the police and judiciary, such as by replacing the police with legal aid solicitors and giving many of their other powers to the National Crime Agency could improve outcomes for all. The perils of the current system, which treats the accused as criminals until proven not guilty, are critiqued, and suggestions for replacing this process with courts of law that treat complainant and respondent equally are made. The article discusses how such a system based on dualism might have operated during the August 2011 UK riots, where the situation had such a dramatic effect on how the social networking aspects, such as ‘Internet trolling’, affected it.

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Reference

Jonathan Bishop (2014). Internet Trolling and the 2011 UK Riots: The Need for a Dualist Reform of the Constitutional, Administrative and Security Frameworks in Great Britain. European Journal of Law Reform 16(1), pp. 154-167. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/internet-trolling-and-the-2011-uk-riots.pdf

My Click is My Bond: The Role of Contracts, Social Proof, and Gamification for Sysops to Reduce Pseudo-Activism and Internet Trolling

My Click is My Bond: The Role of Contracts, Social Proof, and Gamification for Sysops to Reduce Pseudo-Activism and Internet Trolling

Jonathan Bishop

Abstract

The growth in Internet use is not only placing pressure on service providers to maintain adequate bandwidth but also the people who run the Websites that operate through them. Called systems operators, or sysops, these people face a number of different obligations arising out of the use of their computermediated communication platforms. Most notable are contracts, which nearly all Websites have, and in the case of e-commerce sites in the European Union, there are contractual terms they must have. This chapter sets out to investigate how the role contract law can both help and hinder sysops and their users. Sysop powers are limited by sysop prerogative, which is everything they can do which has not been taken away by statute or given away by contract. The chapter finds that there are a number of special considerations for sysops in how they use contracts in order that they are not open to obligations through disabled or vulnerable users being abused by others.

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Reference

Jonathan Bishop (2014). My Click is My Bond: The Role of Contracts, Social Proof, and Gamification for Sysops to Reduce Pseudo-Activism and Internet Trolling. In: Jonathan Bishop (Ed.) Gamification for Human Factors Integration: Social, Educational and Psychological Issues. IGI Global, Hershey, PA. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/my-click-is-my-bond-contracts-social-proof-gamificaiton.pdf

Cooperative e-learning in the multilingual and multicultural school

Cooperative e-learning in the multilingual and multicultural school: The role of ‘Classroom 2.0’ for increasing participation in education

Jonathan Bishop

Abstract

The Classroom 2.0 initiative is one of the most fundamental reforms to the way education is performed across the European Union. Starting its life at the Digital Classroom of Tomorrow (DCOT) Project in Wales, the initiative has shown that concepts like electronic individual education programmes (eIEPs) and the electronic twinning of schools (eTwinning) can play an important role in enhancing learning outcomes for school age learners. This chapter presents a review of the impact of the original Classroom 2.0 Project – DCOT – and explores some of the technical issues essential to the project’s success across Europe.

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References

J. Bishop (2012). Cooperative e-learning in the multilingual and multicultural school: The role of ‘Classroom 2.0’ for increasing participation in education. P.M. Pumilia-Gnarini, E, Favaron, E. Pacetti, J. Bishop, L, Guerra (Eds.) Didactic Strategies and Technologies for Education Incorporating Advancements. IGI Global: Hershey, PA. Available at: http://resources.crocels.com/wp-content/uploads/sites/4/cooperative-e-learning-in-the-multilingual-and-multicultural-school-the-role-of-classroom-2-0.pdf

An investigation into how the European Union affects the development and provision of e-learning services

An investigation into how the European Union affects the development and provision of e-learning services

Jonathan Bishop

Abstract

This dissertation focuses on the main aspects of EU law affecting the e-learning industry and of particular interest to Jonathan were competition law and intellectual property law, including copyright and third-party intellectual property rights (TPIP) issues.

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Citation

Jonathan Bishop (2007). An investigation into how the European Union affects the development and provision of e-learning services. LLM Thesis. Pontypridd, UK: University of Glamorgan. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/an-investigation-into-how-the-european-union-affects-the-development-and-provision-of-e-learning-services.pdf