Communication Systems in Modern Business Management Structures - Needs, Requirements and Solutions
Because of the peculiar geography-free nature of cyberspace the most restrictive community standards would be decisive and therefore the COPA imposes a burden on speech that is protected for adults. Even though the national legislator has not been successful creating an act that allows some kind of regulation of the internet, some of the states have. Since legislation did not succeed in most cases to create a law that meets the constitutional requirements and allows some kind of regulation of internet contents, there are some other attempt to regulate the Internet.
It was created for individuals to report incidents of child-sexual exploitation including online enticement of children for sexual acts. It is possible to fill out an online report form under www. That is due to the fact, that even though the CDA is no longer applicable, it is still a crime to publish obscenities, or child pornography on the internet according to general criminal law.
It works to combat child pornography and child predators online.
In order to do so, undercover identities are used to contact potential suspects and find out who they are. In addition to those activities some of the Internet-Providers regulate contents, too.
The Provider ClearSail for example offers its customers a cleaner and safer Internet experience. Those are for example pages that contain pornography, hate, bomb making, gambling, hacking, suicide and other contents that are considered dangerous. In the United States the legislator did not succeed in creating an act specifically designed for the regulation of Internet contents which also meets the constitutional requirements.
There are basically two reasons for that. First of all, in the United States there are different organizations which stand up and fight for liberalism and free speech especially on the Internet. Those Internet-Liberty groups have a rather high influence in the United States. Second, the freedom of speech is indispensable for the American understanding of a representative democracy and therefore has an extremely high value in American constitutional law.
However, even though there may not be a specific Act concerning contents on the Internet, that does not mean that the Internet is not regulated at all. As shown-above, the general criminal law can also be applied to contents on the Internet. The FBI is investigating such contents. Plus, some of the American Internet Providers do regulate contents as well.
In Germany, soon after the discussion in the United States had started, people became aware of the need to regulate contents on the Internet in some way. Similar to the American situation there were different approaches in order to do so.
Also similar to the American approach, the German legislator passed new laws concerning Internet contents. Therefore all legislative action concerning communication has to be compatible with the requirements in art.
There shall be no censorship according to art. In one of its early decisions the Federal Constitutional Court Bundesverfassungsgericht, BVerfG pointed out that the freedom of media is not merely a subjective right, but also an objective guarantee. However, according to art. In order to be considered a general law the provision may not prohibit a specific opinion content neutrality and at the same time the law has to serve a purpose that has a higher rank of importance than the freedom of opinion itself.
The restrictions laid down in art. In addition to the national constitutional context, Internet regulation also has to be compatible with art. Two laws concerning the regulation of the Internet and the liability for Internet contents have been enacted. Since Germany is a federal republic, legislative power is shared between the states and the federation. As long as the constitution does not provide a special competence for the federation, the states have the legislative competence, art.
The federal state prayed in aid its exclusive legislative competence for telecommunication in art. According to that, the states have the legislative power for services addressed to the general public, while the federal state has the legislative power for those services that would be considered individual communication.
The result of the compromise is that there is a law at federal level as well as a law on at state level. According to that, Tele Services are all information and communication services for individual use of combinable data. Characteristic for Tele Services is therefore the individual use and the need to ask for the service. The TDG contains specific liability rules in art.
For example according to art. The Treaty, just like the TDG, contains a definition of the services it is supposed to apply to. There are rules about the liability of media service providers in art. The liability rules in art. According to that, services are for example illegal if there is a violation of criminal law art. Obviously the two terms Tele Service and Media Service cannot be kept apart easily. A homepage is usually intended to be received by the general public Media Service. However, it needs to be asked for and does take some interaction to view the page Tele Service. Therefore, in order to separate the two services, the content of the service is always decisive.
The German Criminal Code StGB is a general law in that sense and does include a number of articles concerning specific contents. According to that, data storage media shall be an equivalent of writings in those provisions that refer to art. Due to that change of art.
The covered contents are the incitement of hatred against segments of the population or a national, racial or religious group, or one characterized by its folk customs. Other actions listed in art. However, in order to meet the constitutional requirements art.
Due to that reference art. Another important penal provision that refers to art. It covers writings, which describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which violates human dignity. The required acts are the same as in art. Even though the terms used in art.
There is also a legal discussion whether art. Another important, if not the most important penal provision concerning contents on the Internet is art. There are a lot of other acts listed in art. However, as far as Internet communication is concerned, making the content accessible to a person under eighteen years of age art.
The term pornographic is quite problematic, especially considering the void for vagueness doctrine. Hard Pornography is defined in art. There are a number of other penal provisions that apply to Internet Contents. For example the Instruction for Crimes in art. The fact that the Internet is an international resource leads to the important question under which circumstances the German Penal Code can be applied to Internet Contents. It is a matter of controversy whether in cases of so called abstract endangerment offences like the above-mentioned art. The potential to disturb the public peace is a result within the meaning of art.
Another law that allows the regulation of contents on the Internet is the Act concerning the dissemination of writings and media contents that are harmful to minors GjSM. If a writing or another presentation is recorded in the list, the restrictions of art. Considering Internet contents, the probably most important restriction is the prohibition of making such listed writings accessible to a child or juvenile, art. Again the void of vagueness doctrine appears to be violated by the terms used in the act. It seems hard to define, under which circumstances a writing is suitable to put children or juveniles in a moral danger.
Neu(e)-Definition des Managements - Ziel hippokratischer Eid fÃ¼r Manager (German Edition)
However, the Federal Constitutional Court pointed out that it is not possible to use a more precise and accurate term. Sie sind bereits eingeloggt. Klicken Sie auf 2. Questions were asked relating to the specific universitiy, the educational Business Informatics courses on offer, the organisational structure and cultural aspects within the Business Informatics discipline.
The results of the interviews are then supported by a strong web and literature review and are shown summarized in chapter 3. These conference papers are summarized presented in chapter 4.
Related Issue-Management: Begriff und Idee des „Issue-Managements“ (German Edition)
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