Les aspects juridiques des systèmes d’information

Internet est devenu au fil des années un outil de communication exceptionnel. Or lorsqu’on évoque le cyberespace, on pense généralement à un « no man’s land » juridique, un espace sans lois. Est-ce vraiment le cas? Le pouvoir étatique est-il mis de côté? L’auteur affirme que le droit, loin d’être totalement écarté, doit maintenant composer avec d’autres formes de régulation. En prenant l’exemple d’Internet, l’auteur en vient à présenter l’évolution de la régulation d’un tel système, allant de l’autorégulation à la co-régulation, c’est-à-dire « une coopération entre la société civile et les pouvoirs publics ». Il souligne par ailleurs que, de par l’aspect « international » de l’Internet, les institutions supranationales prennent une importance de plus en plus en grande puisque c’est elles qui viendront compenser la portée limitée de l’intervention des États-nations. On prend l’exemple de l’Union européenne et du développement des « régionalismes ». Mais bien qu’il ne soit plus à même de régir et de réguler à lui seul un système comme Internet, il reste que le droit étatique est essentiel. À travers le développement de concepts, la création de dialogues et de consensus, il est en mesure de défendre des droits que la technologie pourrait venir compromettre en exigeant que le développement technologique se fasse en conformité avec les législations traditionnelles.

The regulation of Internet content. A qualitative, Colombian and comparative law study

 The incursion of Internet has created new forms of information and communication. As a result, today’s generation is culturally socialized by the influence of information and communication technologies in their various forms. This has generated a series of characteristics of social and cultural behaviour which are derivative of didactic, academic or recreational use. Nevertheless the use of the Internet from an early age represents not only a useful educational tool; it can constitute a great danger when it is used to access contents unsuitable for their adaptive development. Accordingly, it is necessary to study the legal regulation of internet content and to evaluate how such regulation may affect rights. Further, it is also important to study of the impact and use of this technological tool at level of the familiar unit, to understand better how it can suggest appropriate social mechanisms for the constructive use of Internet. The present investigation involves these two aspects with the purpose of uniting the legal and social perspective in a joint analysis that allows one more a more integral vision of this problem of great interest at the global level. 

Antitrust, Regulation and the Neutrality Trap: A plea for a smart, evidence-based internet policy. CEPS Special Report No. 104/April 2015

When they look at Internet policy, EU policymakers seem mesmerised, if not bewitched, by the word ‘neutrality’. Originally confined to the infrastructure layer, today the neutrality rhetoric is being expanded to multi-sided platforms such as search engines and more generally online intermediaries. Policies for search neutrality and platform neutrality are invoked to pursue a variety of policy objectives, encompassing competition, consumer protection, privacy and media pluralism. This paper analyses this emerging debate and comes to a number of conclusions. First, mandating net neutrality at the infrastructure layer might have some merit, but it certainly would not make the Internet neutral. Second, since most of the objectives initially associated with network neutrality cannot be realistically achieved by such a rule, the case for network neutrality legislation would have to stand on different grounds. Third, the fact that the Internet is not neutral is mostly a good thing for end users, who benefit from intermediaries that provide them with a selection of the over-abundant information available on the Web. Fourth, search neutrality and platform neutrality are fundamentally flawed principles that contradict the economics of the Internet. Fifth, neutrality is a very poor and ineffective recipe for media pluralism, and as such should not be invoked as the basis of future media policy. All these conclusions have important consequences for the debate on the future EU policy for the Digital Single Market.

Networked governance and the regulation of expression on the Internet:the blurring of the role of public and private actors as content regulators

This editorial provides an overview of the themes of network governance and content regulation that are expanded upon in the subsequent articles, identifying key issues and concerns that are prevalent in the literature in this field. In particular, this text considers governance not as an Internet-specific phenomenon, but as a global phenomenon, identifying and discussing literature pertaining to governance both online and offline, and providing examples of theories that seek to explain these forms of governance. Focusing on the interaction between public and private actors in content regulation, this editorial highlights that content regulation is a complex and contested issue that cannot be separated from its social and cultural contexts, and provides an overview of the articles contained.

Protecção de dados pessoais na Internet

The present dissertation has as object of study the right to be forgotten, a new right for increase the control of subject over their data. It’s analyzed the data protection on Internet, especially, some scenarios of processing and the regulation applicable to it (directive 95/46/CE and directive 2002/58/CE).

Protecção de dados pessoais na internet

The present dissertation has as object of study the right to be forgotten, a new right for increase the control of subject over their data. It’s analyzed the data protection on Internet, especially, some scenarios of processing and the regulation applicable to it (directive 95/46/CE and directive 2002/58/CE).

Challenges and confusion in media regulation: a four-country comparison

[Excerto] ln this chapter we discuss recent developments and challenges in European media and communication policy, focusing on the period following the 2008 global financial crisis. We are especially interested in the implications of the financial crisis and its political repercussions nationally (austerity measures and cuts to public services, growing anti-politics sentiments and widespread dissatisfaction with free-market capitalism and representative democracy) for media and communication policy, understood here in a broad sense, so as to include ali electronic communications, such as the Internet, mobile communications, social media etc. Our overarching concern is with the implications of developments in media and communication policy for the democratic functions of the media in Europe (...).

A resolução alternativa de litígios e as tecnologias de informação e comunicação: o caso particular da resolução de conflitos na Internet em Portugal e na UE

Dissertação de mestrado em Direito e Informática

Update of the FANTOM web resource: from mammalian transcriptional landscape to its dynamic regulation.

The international Functional Annotation Of the Mammalian Genomes 4 (FANTOM4) research collaboration set out to better understand the transcriptional network that regulates macrophage differentiation and to uncover novel components of the transcriptome employing a series of high-throughput experiments. The primary and unique technique is cap analysis of gene expression (CAGE), sequencing mRNA 5'-ends with a second-generation sequencer to quantify promoter activities even in the absence of gene annotation. Additional genome-wide experiments complement the setup including short RNA sequencing, microarray gene expression profiling on large-scale perturbation experiments and ChIP-chip for epigenetic marks and transcription factors. All the experiments are performed in a differentiation time course of the THP-1 human leukemic cell line. Furthermore, we performed a large-scale mammalian two-hybrid (M2H) assay between transcription factors and monitored their expression profile across human and mouse tissues with qRT-PCR to address combinatorial effects of regulation by transcription factors. These interdependent data have been analyzed individually and in combination with each other and are published in related but distinct papers. We provide all data together with systematic annotation in an integrated view as resource for the scientific community (http://fantom.gsc.riken.jp/4/). Additionally, we assembled a rich set of derived analysis results including published predicted and validated regulatory interactions. Here we introduce the resource and its update after the initial release.

Internet e-ethics in confrontation with an activists' agenda: Yahoo! on trial

A prolonged confrontation between Yahoo! Inc. and French anti-racismactivists who ask for the removal of Nazi items from auction sitesas well as restricted access to neo-Nazis sites is analyzed. We presentthe case and its development up to the decision of Yahoo! Inc. to removethe items from yahoo.com following a French court s verdict against thefirm. Using a business ethics approach, we distinguish the legal,technical, philosophical and managerial issues involved in the case andtheir management by Yahoo! We conclude on the difficulty of governingrelations with society from corporate and legal affairs departments atthe headquarters level, and on the clash of two visions over theregulation of social freedom.

Innovation and Regulation in ICT. Keys for Development

The expansion of broadband speed and coverage over IP technology, which extend over transport and terminal access networks, has increased the demand for applications and content which by being provided over it, uniformly give rise to convergence. These shifts in technologies and enterprise business models are giving rise to the necessity for changing the perspective and scope of the Universal Service and of the regulation frameworks, with this last one based in the same principles as always but varying its application. Several aspects require special and renewed attention, such as the definition of relevant markets and dominant operators, the role of packages, interconnection of IP networks, network neutrality, the use of the spectrum with a vision of value for the citizenship, the application of the competition framework, new forms of licensing, treatment of the risk in the networks, changes in the regulatory authorities, amongst others. These matters are treated from the perspective of the actual trends in the world and its conceptual justification.

Metacognitive presence in asynchronous online learning environments : self, mutual and hetero-regulation

Peer-reviewed

Novices' learning from the Internet : an exploration of navigation behaviours, learner-related factors, and mental effort

The current study was an exploration of why some novices are more successful than their peers when learning from the Internet by examining the relations among time spent with relevant information and changes in invested mental effort during Internet navigations as well as achievement. Navigation behaviours and learner characteristics were investigated as predictors of time spent with relevant information and changes in mental effort. Undergraduates (N = 85, Mage = 20 years, 5 months) searched the Internet for information corresponding to a low knowledge topic for 20 min while their eye gaze and pupil size were recorded. Pupil diameter was used as an objective, continuous measure of mental effort. Participants also completed questionnaires or computer tasks pertaining to s e l f-regulated learning characteristics (general intrinsic goal orientation and effort regulation) and cognitive factors (working memory control, distractibility and cognitive style). All analyses controlled for general mental ability, reading comprehension, topic and Internet knowledge, and overall motivation. A greater proportion of time spent with relevant information predicted higher scores on an achievement test. Interestingly, time spent with relevant information partially mediated the positive relation between the frequency of increases in invested mental effort and achievement. Surprisingly, intrinsic goal orientation was negatively related to time spent with relevant information and effort regulation was negatively related to the frequency of increases in invested mental effort. These findings have implications for supports when novices guide their own learning, especially when using the Internet.