Misplaced Pages

#926073

155-538: Due to the shifting and adapting nature of the technological industry, the nature, source and derivation of this information legal system and ideology changes significantly across borders, economies and in time. As a base structure, Information technology law is related to primarily governing dissemination of both ( digitized ) information and software , information security and crossing-border commerce . It raises specific issues of intellectual property , contract law, criminal law and fundamental rights like privacy ,

310-549: A senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the Estates as a means of communicating with the people. Bodin believed that "the most divine, most excellent, and the state form most proper to royalty is governed partly aristocratically and partly democratically". During the Age of Enlightenment , the idea of sovereignty gained both legal and moral force as

465-612: A Global Internet and Local Law". In the UK in 2006 the case of Keith-Smith v Williams confirmed that existing libel laws applied to internet discussions. In terms of the tort liability of ISPs and hosts of internet forums, Section 230(c) of the Communications Decency Act may provide immunity in the United States. In many countries, speech through ICT has proven to be another means of communication which has been regulated by

620-621: A Microsoft Word document or a social media post. In contrast, digitization only applies exclusively to analog materials. Born-digital materials present a unique challenge to digital preservation not only due to technological obsolescence but also because of the inherently unstable nature of digital storage and maintenance. Most websites last between 2.5 and 5 years, depending on the purpose for which they were designed. The Library of Congress provides numerous resources and tips for individuals looking to practice digitization and digital preservation for their personal collections. Digital reformatting

775-435: A bigger state nor is their governance subjected to supervision. The sovereignty (i.e. legal right to govern) however, is disputed in both cases as the first entity is claimed by Serbia and the second by Somalia . Internal sovereignty is the relationship between sovereign power and the political community. A central concern is legitimacy : by what right does a government exercise authority? Claims of legitimacy might refer to

930-522: A country and is not subordinate to any other government in that country or a foreign sovereign state. External sovereignty is connected with questions of international law – such as when, if ever, is intervention by one country into another's territory permissible? Following the Thirty Years' War , a European religious conflict that embroiled much of the continent, the Peace of Westphalia in 1648 established

1085-663: A culture of information sharing." The IRTPA also sought to establish protection of privacy and civil liberties by setting up a five-member Privacy and Civil Liberties Oversight Board. This Board offers advice to both the President of the United States and the entire executive branch of the Federal Government concerning its actions to ensure that the branch's information sharing policies are adequately protecting privacy and civil liberties. For more information see: Intelligence Reform and Terrorism Prevention Act Centers and groups for

1240-653: A decision of the General Assembly upon the recommendation of the Security Council." Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. The Holy See was in this position between the annexation in 1870 of the Papal States by Italy and the signing of the Lateran Treaties in 1929, a 59-year period during which it

1395-538: A designated individual or group of individuals that are acting on behalf of the people of the state. Juridical sovereignty emphasizes the importance of other states recognizing the rights of a state to exercise their control freely with little interference. For example, Jackson, Rosberg and Jones explain how the sovereignty and survival of African states were more largely influenced by legal recognition rather than material aid. Douglass North identifies that institutions want structure and these two forms of sovereignty can be

1550-508: A host of legal issues. Some states limit access to the Internet, by law as well as by technical means. Global computer-based communications cut across territorial borders; issues of regulation, jurisdiction and sovereignty have therefore quickly come to the fore in the era of the Internet . They have been solved pretty quickly as well, because cross-border communication, negotiating or ordering

1705-427: A legal sense. In fact, conflicting laws from different jurisdictions may apply, simultaneously, to the same event. The Internet does not tend to make geographical and jurisdictional boundaries clear, but both Internet technology (hardware), the providers of services and its users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve

SECTION 10

#1733084960927

1860-471: A matter of fact, theorists found that during the post Cold War era many people focused on how stronger internal structures promote inter-state peace. For instance, Zaum argues that many weak and impoverished countries that were affected by the Cold War were given assistance to develop their lacking sovereignty through this sub-concept of "empirical statehood". The Roman jurist Ulpian observed that: Ulpian

2015-528: A method for developing structure. For a while, the United Nations highly valued juridical sovereignty and attempted to reinforce its principle often. More recently, the United Nations is shifting away and focusing on establishing empirical sovereignty. Michael Barnett notes that this is largely due to the effects of the post Cold War era because the United Nations believed that to have peaceful relations states should establish peace within their territory. As

2170-435: A point where a book is completely unusable. In theory, if these widely circulated titles are not treated with de-acidification processes, the materials upon those acid pages will be lost. As digital technology evolves, it is increasingly preferred as a method of preserving these materials, mainly because it can provide easier access points and significantly reduce the need for physical storage space. Cambridge University Library

2325-418: A scientific voice to the idea that became necessary for the Internet to govern itself. Instead of obeying the laws of a particular country, "Internet citizens" will obey the laws of electronic entities like service providers. Instead of identifying as a physical person, Internet citizens will be known by their usernames or email addresses (or, more recently, by their Facebook accounts). Over time, suggestions that

2480-434: A single individual was that sovereignty would therefore be indivisible; it would be expressed in a single voice that could claim final authority. An example of an internal sovereign is Louis XIV of France during the seventeenth century; Louis XIV claimed that he was the state. Jean-Jacques Rousseau rejected monarchical rule in favor of the other type of authority within a sovereign state, public sovereignty. Public Sovereignty

2635-407: A state to deter opposition groups in exchange for bargaining. While the operations and affairs within a state are relative to the level of sovereignty within that state, there is still an argument over who should hold the authority in a sovereign state. This argument between who should hold the authority within a sovereign state is called the traditional doctrine of public sovereignty. This discussion

2790-644: A strong authority allows you to keep the agreement and enforce sanctions for the violation of laws. The ability for leadership to prevent these violations is a key variable in determining internal sovereignty. The lack of internal sovereignty can cause war in one of two ways: first, undermining the value of agreement by allowing costly violations; and second, requiring such large subsidies for implementation that they render war cheaper than peace. Leadership needs to be able to promise members, especially those like armies, police forces, or paramilitaries will abide by agreements. The presence of strong internal sovereignty allows

2945-457: A strong central authority in the form of absolute monarchy . In his 1576 treatise Les Six Livres de la République ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: The treatise is frequently viewed as the first European text theorizing state sovereignty. Bodin rejected the notion of transference of sovereignty from people to

3100-923: A supranational organization, such as a continental union . In the case of the European Union member-states, this is called "pooled sovereignty" . Another example of shared and pooled sovereignty is the Acts of Union 1707 which created the unitary state now known as the United Kingdom . It was a full economic union, meaning the Scottish and English systems of currency, taxation and laws regulating trade were aligned. Nonetheless, Scotland and England never fully surrendered or pooled all of their governance sovereignty; they retained many of their previous national institutional features and characteristics, particularly relating to their legal, religious and educational systems. In 2012,

3255-631: A video tape player to be connected to a computer while the item plays in real time. Slides can be digitized quicker with a slide scanner such as the Nikon Coolscan 5000ED. Another example of digitization is the VisualAudio process developed by the Swiss Fonoteca Nazionale in Lugano , by scanning a high resolution photograph of a record, they are able to extract and reconstruct the sound from

SECTION 20

#1733084960927

3410-413: Is net neutrality , which affects the regulation of the infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments. This issue has been handled in

3565-493: Is "a significant purpose" of said investigation. 50 U.S.C.   § 1804 (a)(7)(B) and §1823(a)(7)(B). Another interesting result of FISA, is the creation of the Foreign Intelligence Surveillance Court (FISC). All FISA orders are reviewed by this special court of federal district judges. The FISC meets in secret, with all proceedings usually also held from both the public eye and those targets of

3720-426: Is a substantive term designating supreme legitimate authority over some polity . In international law , sovereignty is the exercise of power by a state . De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at

3875-657: Is an important component of IT law, including copyright and authors' rights , rules on fair use , rules on copy protection for digital media and circumvention of such schemes. The area of software patents has been controversial , and is still evolving in Europe and elsewhere. The related topics of software licenses , end user license agreements , free software licenses and open-source licenses can involve discussion of product liability, professional liability of individual developers, warranties, contract law, trade secrets and intellectual property. In various countries, areas of

4030-417: Is between an internal sovereign or an authority of public sovereignty. An internal sovereign is a political body that possesses ultimate, final and independent authority; one whose decisions are binding upon all citizens, groups and institutions in society. Early thinkers believed sovereignty should be vested in the hands of a single person, a monarch. They believed the overriding merit of vesting sovereignty in

4185-459: Is called digital representation or, more specifically, a digital image , for the object, and digital form , for the signal. In modern practice, the digitized data is in the form of binary numbers , which facilitates processing by digital computers and other operations, but digitizing simply means "the conversion of analog source material into a numerical format"; the decimal or any other number system can be used instead. Digitization

4340-427: Is central to making digital representations of geographical features, using raster or vector images, in a geographic information system , i.e., the creation of electronic maps , either from various geographical and satellite imaging (raster) or by digitizing traditional paper maps or graphs (vector). "Digitization" is also used to describe the process of populating databases with files or data. While this usage

4495-547: Is changing heavily with the advent of Artificial Intelligence systems, with major lawfirms in the United States of America , Australia , China , and the United Kingdom reporting pilot programs of Artificial Intelligence programs to assist in practices such as legal research, drafting and document review. IT law does not constitute a separate area of law; rather, it encompasses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property

4650-461: Is common to all nations (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power. Thus, Bodin's sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being. The fact that the sovereign must obey divine and natural law imposes ethical constraints on him. Bodin also held that

4805-419: Is developing its own (collective) mind. All we want is to be free to inhabit it with no legal constraints. Since you make sure we cannot harm you, you have no ethical right to intrude our lives. So stop intruding!" The project is defining "you" as "all governments", "we" is undefined. Some scholars argue for more of a compromise between the two notions, such as Lawrence Lessig 's argument that "The problem for law

Information technology law - Misplaced Pages Continue

4960-635: Is done once with the technology currently available, while digital preservation is more complicated because technology changes so quickly that a once popular storage format may become obsolete before it breaks. An example is a 5 1/4" floppy drive, computers are no longer made with them and obtaining the hardware to convert a file stored on 5 1/4" floppy disc can be expensive. To combat this risk, equipment must be upgraded as newer technology becomes affordable (about 2 to 5 years), but before older technology becomes unobtainable (about 5 to 10 years). Digital preservation can also apply to born-digital material, such as

5115-503: Is fed into an embroidery machine and applied to the fabric. The most supported format is DST file. Apparel companies also digitize clothing patterns. Analog signals are continuous electrical signals; digital signals are non-continuous. Analog signals can be converted to digital signals by using an analog-to-digital converter . The process of converting analog to digital consists of two parts: sampling and quantizing. Sampling measures wave amplitudes at regular intervals, splits them along

5270-461: Is heavily debated amongst scholars, however, two developments during this time give some insight to the reasons behind it. First, the sensationalistic press and the concurrent rise and use of " yellow journalism " to promote the sale of newspapers in the time following the Civil War brought privacy to the forefront of the public eye. The other reason that brought privacy to the forefront of public concern

5425-412: Is not a law" (Book II, Chapter VI) – and predicated on the assumption that the people have an unbiased means by which to ascertain the general will. Thus the legal maxim, "there is no law without a sovereign." According to Hendrik Spruyt , the sovereign state emerged as a response to changes in international trade (forming coalitions that wanted sovereign states) so that the sovereign state's emergence

5580-517: Is not always enlightened, and consequently does not always see wherein the common good lies; hence the necessity of the legislator. But the legislator has, of himself, no authority; he is only a guide who drafts and proposes laws, but the people alone (that is, the sovereign or general will) has authority to make and impose them. Rousseau, in the Social Contract argued, "the growth of the State giving

5735-444: Is not an option for institutions hoping to digitize without processing. Sovereignty Sovereignty can generally be defined as supreme authority . Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory , sovereignty

5890-434: Is not restricted by a constitution, by the laws of its predecessors, or by custom , and no areas of law or policy are reserved as being outside its control. International law ; policies and actions of neighboring states; cooperation and respect of the populace; means of enforcement; and resources to enact policy are factors that might limit sovereignty. For example, parents are not guaranteed the right to decide some matters in

6045-709: Is now seen to have been an illegal entity by the modern Polish administration. The post-1989 Polish state claims direct continuity from the Second Polish Republic which ended in 1939. For other reasons, however, Poland maintains its communist-era outline as opposed to its pre-World War II shape which included areas now in Belarus , Czech Republic , Lithuania , Slovakia and Ukraine but did not include some of its western regions that were then in Germany . Additionally sovereignty can be achieved without independence, such as how

6200-534: Is of crucial importance to data processing, storage, and transmission, because it "allows information of all kinds in all formats to be carried with the same efficiency and also intermingled." Though analog data is typically more stable, digital data has the potential to be more easily shared and accessed and, in theory, can be propagated indefinitely without generation loss, provided it is migrated to new, stable formats as needed . This potential has led to institutional digitization projects designed to improve access and

6355-413: Is often described as converting it from analog to digital, however both copies remain. An example would be scanning a photograph and having the original piece in a photo album and a digital copy saved to a computer. This is essentially the first step in digital preservation which is to maintain the digital copy over a long period of time and making sure it remains authentic and accessible. Digitization

Information technology law - Misplaced Pages Continue

6510-403: Is one with a government that has been elected by the people and has the popular legitimacy. Internal sovereignty examines the internal affairs of a state and how it operates. It is important to have strong internal sovereignty to keeping order and peace. When you have weak internal sovereignty, organisations such as rebel groups will undermine the authority and disrupt the peace. The presence of

6665-519: Is practiced predominantly by the military or police force it is considered coercive sovereignty . State sovereignty is sometimes viewed synonymously with independence , however, sovereignty can be transferred as a legal right whereas independence cannot. A state can achieve de facto independence long after acquiring sovereignty, such as in the case of Cambodia, Laos and Vietnam. Additionally, independence can also be suspended when an entire region becomes subject to an occupation. For example, when Iraq

6820-651: Is still used by institutions such as the National Archives and Records Administration ( NARA ) to provide preservation and access to these resources. While digital versions of analog texts can potentially be accessed from anywhere in the world, they are not as stable as most print materials or manuscripts and are unlikely to be accessible decades from now without further preservation efforts, while many books manuscripts and scrolls have already been around for centuries. However, for some materials that have been damaged by water, insects, or catastrophes, digitization might be

6975-442: Is technically inaccurate, it originates with the previously proper use of the term to describe that part of the process involving digitization of analog sources, such as printed pictures and brochures, before uploading to target databases. Digitizing may also be used in the field of apparel, where an image may be recreated with the help of embroidery digitizing software tools and saved as embroidery machine code. This machine code

7130-432: Is that it is a claim that must be recognized if it is to have any meaning: Sovereignty is a hypothetical trade, in which two potentially (or really) conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy. There are two additional components of sovereignty that should be discussed, empirical sovereignty and juridical sovereignty. Empirical sovereignty deals with

7285-401: Is the belief that ultimate authority is vested in the people themselves, expressed in the idea of the general will. This means that the power is elected and supported by its members, the authority has a central goal of the good of the people in mind. The idea of public sovereignty has often been the basis for modern democratic theory. Within the modern governmental system, internal sovereignty

7440-406: Is the primary way of storing images in a form suitable for transmission and computer processing, whether scanned from two-dimensional analog originals or captured using an image sensor -equipped device such as a digital camera , tomographical instrument such as a CAT scanner , or acquiring precise dimensions from a real-world object, such as a car , using a 3D scanning device. Digitizing

7595-517: Is the process of converting analog materials into a digital format as a surrogate of the original. The digital surrogates perform a preservation function by reducing or eliminating the use of the original. Digital reformatting is guided by established best practices to ensure that materials are being converted at the highest quality. The Library of Congress has been actively reformatting materials for its American Memory project and developed best standards and practices pertaining to book handling during

7750-608: Is the second form of post-world war change in the norms of sovereignty, representing a significant shift since member nations are no longer absolutely sovereign. Some theorists, such as Jacques Maritain and Bertrand de Jouvenel have attacked the legitimacy of the earlier concepts of sovereignty, with Maritain advocating that the concept be discarded entirely since it: Efforts to curtail absolute sovereignty have met with substantial resistance by sovereigntist movements in multiple countries who seek to " take back control " from such transnational governance groups and agreements, restoring

7905-514: Is to ensure that the digital files themselves are preserved and remain accessible; the term " digital preservation ," in its most basic sense, refers to an array of activities undertaken to maintain access to digital materials over time. The prevalent Brittle Books issue facing libraries across the world is being addressed with a digital solution for long term book preservation. Since the mid-1800s, books were printed on wood-pulp paper , which turns acidic as it decays. Deterioration may advance to

SECTION 50

#1733084960927

8060-423: Is to work out how the norms of the two communities are to apply given that the subject to whom they apply may be in both places at once" (Lessig, Code 190). With the internationalism of the Internet and the rapid growth of users, jurisdiction became a more difficult area than before, and in the beginning courts in different countries have taken various views on whether they have jurisdiction over items published on

8215-477: Is unique and workflows for one will be different from every other project that goes through the process, so time must be spent thoroughly studying and planning each one to create the best plan for the materials and the intended audience. Cost of equipment, staff time, metadata creation, and digital storage media make large scale digitization of collections expensive for all types of cultural institutions . Ideally, all institutions want their digital copies to have

8370-453: Is used to describe, for example, the scanning of analog sources (such as printed photos or taped videos ) into computers for editing, 3D scanning that creates 3D modeling of an object's surface, and audio (where sampling rate is often measured in kilohertz ) and texture map transformations. In this last case, as in normal photos, the sampling rate refers to the resolution of the image, often measured in pixels per inch. Digitizing

8525-489: Is usually an expectation that both de jure and de facto sovereignty rest in the same organisation at the place and time of concern. Foreign governments use varied criteria and political considerations when deciding whether or not to recognise the sovereignty of a state over a territory. Membership in the United Nations requires that "[t]he admission of any such state to membership in the United Nations will be affected by

8680-468: Is usually found in states that have public sovereignty and is rarely found within a state controlled by an internal sovereign. A form of government that is a little different from both is the UK parliament system. John Austin argued that sovereignty in the UK was vested neither in the Crown nor in the people but in the " Queen-in-Parliament ". This is the origin of the doctrine of parliamentary sovereignty and

8835-494: Is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy". Public sovereignty in modern governments is a lot more common with examples like the US, Canada, Australia and India where

8990-653: Is working on the Cambridge Digital Library , which will initially contain digitised versions of many of its most important works relating to science and religion. These include examples such as Isaac Newton's personally annotated first edition of his Philosophiæ Naturalis Principia Mathematica as well as college notebooks and other papers, and some Islamic manuscripts such as a Quran from Tipu Sahib's library. Google, Inc. has taken steps towards attempting to digitize every title with " Google Book Search ". While some academic libraries have been contracted by

9145-473: The DeCSS code, and Gutnick v Dow Jones , in which libel laws were considered in the context of online publishing. The last example was particularly significant because it epitomized the complexities inherent to applying one country's laws (nation-specific by definition) to the internet (international by nature). In 2003, Jonathan Zittrain considered this issue in his paper, "Be Careful What You Ask For: Reconciling

9300-827: The Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic made the Russian Soviet Federative Socialist Republic a sovereign entity within but not independent from the USSR. At the opposite end of the scale, there is no dispute regarding the self-governance of certain self-proclaimed states such as the Republic of Kosovo or Somaliland (see List of states with limited recognition , but most of them are puppet states ) since their governments neither answer to

9455-596: The European Union copyright law consists of 13 directives and 2 regulations, harmonising the essential rights of authors, performers, producers and broadcasters. The legal framework reduces national discrepancies, and guarantees the level of protection needed to foster creativity and investment in creativity. Many of the directives reflect obligations under the Berne Convention and the Rome Convention , as well as

SECTION 60

#1733084960927

9610-645: The Holocaust , the vast majority of states rejected the prior Westphalian permissiveness towards such supremacist power based sovereignty formulations and signed the Universal Declaration of Human Rights in 1948. It was the first step towards circumscription of the powers of sovereign nations, soon followed by the Genocide Convention which legally required nations to punish genocide. Based on these and similar human rights agreements, beginning in 1990 there

9765-574: The Scottish Government , created in 1998 through devolution in the United Kingdom , negotiated terms with the Government of the United Kingdom for the 2014 Scottish independence referendum which resulted in the people of Scotland deciding to continue the pooling of its sovereignty with the rest of the United Kingdom. A community of people who claim the right of self-determination based on

9920-518: The Second World War were regarded as sovereign despite their territories being under foreign occupation; their governance resumed as soon as the occupation had ended. The government of Kuwait was in a similar situation vis-à-vis the Iraqi occupation of its country during 1990–1991. The government of Republic of China (ROC) was generally recognized as sovereign over China from 1911 to 1971 despite

10075-526: The Soviet Union and governed locally by their pro-Soviet functionaries. When in 1991 Latvia, Lithuania and Estonia re-enacted independence, it was done so on the basis of continuity directly from the pre-Soviet republics. Another complicated sovereignty scenario can arise when regime itself is the subject of dispute. In the case of Poland , the People's Republic of Poland which governed Poland from 1945 to 1989

10230-843: The United States is also controlled. There are laws governing trade on the Internet, taxation, consumer protection , and advertising. There are laws on censorship versus freedom of expression, rules on public access to government information, and individual access to information held on them by private bodies. There are laws on what data must be retained for law enforcement, and what may not be gathered or retained, for privacy reasons. In certain circumstances and jurisdictions, computer communications may be used in evidence, and to establish contracts. New methods of tapping and surveillance made possible by computers have wildly differing rules on how they may be used by law enforcement bodies and as evidence in court. Computerized voting technology, from polling machines to internet and mobile-phone voting, raise

10385-481: The burden of proof in a civil case can cause jurisdictional problems. For example, an American celebrity, claiming to be insulted by an online American magazine, faces a difficult task of winning a lawsuit against that magazine for libel . But if the celebrity has ties, economic or otherwise, to England, he or she can sue for libel in the English court system, where the burden of proof for establishing defamation may make

10540-477: The divine right of kings , or to a social contract (i.e. popular sovereignty ). Max Weber offered a first categorization of political authority and legitimacy with the categories of traditional, charismatic and legal-rational. With "sovereignty" meaning holding supreme, independent authority over a region or state, "internal sovereignty" refers to the internal affairs of the state and the location of supreme power within it. A state that has internal sovereignty

10695-401: The general will , is inalienable, for the will cannot be transmitted; it is indivisible since it is essentially general; it is infallible and always right, determined and limited in its power by the common interest; it acts through laws. Law is the decision of the general will regarding some object of common interest, but though the general will is always right and desires only good, its judgment

10850-458: The lois royales , the fundamental laws of the French monarchy which regulated matters such as succession, are natural laws and are binding on the French sovereign. Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out. He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene

11005-444: The right to self-determination and freedom of expression . Information technology law has also been heavily invested of late in issues such as obviating risks of data breaches and artificial intelligence . Information technology law can also relate directly to dissemination and utlilzation of information within the legal industry, dubbed legal informatics . The nature of this utilisation of data and information technology platform

11160-409: The " Peace of Westphalia ", but for different reasons. He created the first modern version of the social contract (or contractarian) theory, arguing that to overcome the "nasty, brutish and short" quality of life without the cooperation of other human beings, people must join in a "commonwealth" and submit to a "Soveraigne [ sic ] Power" that can compel them to act in the common good. Hobbes

11315-900: The 1949 victory of the Communists in the Chinese civil war and the retreat of the ROC to Taiwan . The ROC represented China at the United Nations until 1971, when the People's Republic of China obtained the UN seat. The ROC political status as a state became increasingly disputed; it became commonly known as Taiwan . The International Committee of the Red Cross is commonly mistaken to be sovereign. It has been granted various degrees of special privileges and legal immunities in many countries, including Belgium, France, Switzerland, Australia, Russia, South Korea, South Africa and

11470-487: The 19th century, concerns about privacy captivated the general public, and led to the 1890 publication of Samuel Warren and Louis Brandeis: "The Right to Privacy". The vitality of this article can be seen today, when examining the USSC decision of Kyllo v. United States , 533 U.S. 27 (2001) where it is cited by the majority, those in concurrence, and even those in dissent. The motivation of both authors to write such an article

11625-642: The EU concluded with a large number of third countries, reflect many provisions of EU law. In 2022 the European Parliament did adopt landmark laws for internet platforms , the new rules will improve internet consumer protection and supervision of online platforms, the Digital Services Act (DSA) and the Digital Markets Act (DMA). The law that regulates aspects of the Internet must be considered in

11780-659: The European union have eroded the sovereignty of traditional states. The centuries long movement which developed a global system of sovereign states came to an end when the excesses of World War II made it clear to nations that some curtailment of the rights of sovereign states was necessary if future cruelties and injustices were to be prevented. In the years immediately prior to the war, National Socialist theorist Carl Schmitt argued that sovereignty had supremacy over constitutional and international constraints arguing that states as sovereigns could not be judged and punished. After

11935-574: The Holy Roman Emperor, granting them seats in the Reichstag , at the time the closest permanent equivalent to an UN-type general assembly; confirmed 1620. These sovereign rights were never deposed, only the territories were lost. Over 100 modern states maintain full diplomatic relations with the order, and the UN awarded it observer status. The governments-in-exile of many European states (for instance, Norway, Netherlands or Czechoslovakia ) during

12090-612: The Homeland Security Act, 6 U.S.C.   § 222 , consolidated 22 federal agencies into what is commonly known today as the Department of Homeland Security (DHS). The HSA, also created a Privacy Office under the DoHS. The Secretary of Homeland Security must "appoint a senior official to assume primary responsibility for privacy policy." This privacy official's responsibilities include but are not limited to: ensuring compliance with

12245-569: The Internet as if it were physical space and thus subject to a given jurisdiction's laws, or that the Internet should have a legal framework of its own has been questioned. Those who favor the latter view often feel that government should leave the Internet to self-regulate. American poet John Perry Barlow , for example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract. This governance will arise according to

12400-526: The Internet can be self-regulated as being its own trans-national "nation" are being supplanted by a multitude of external and internal regulators and forces, both governmental and private, at many different levels. The nature of Internet law remains a legal paradigm shift , very much in the process of development. Leaving aside the most obvious examples of governmental content monitoring and internet censorship in nations like China , Saudi Arabia , Iran , there are four primary forces or modes of regulation of

12555-451: The Internet derived from a socioeconomic theory referred to as Pathetic dot theory by Lawrence Lessig in his 1999 book, Code and Other Laws of Cyberspace : These forces or regulators of the Internet do not act independently of each other. For example, governmental laws may be influenced by greater societal norms, and markets affected by the nature and quality of the code that operates a particular system. Another major area of interest

12710-419: The Internet, or business agreements entered into over the Internet. This can cover areas from contract law, trading standards and tax, through rules on unauthorized access , data privacy and spamming to areas of fundamental rights such as freedom of speech and privacy, via state censorship, to criminal law with libel or sedition. The frontier idea that laws do not apply in "cyberspace" is however not true in

12865-634: The Italian capital (since in 1869 the Palazzo di Malta and the Villa Malta receive extraterritorial rights, in this way becoming the only "sovereign" territorial possessions of the modern Order), which is the last existing heir to one of several once militarily significant, crusader states of sovereign military orders . In 1607 its Grand masters were also made Reichsfürst (princes of the Holy Roman Empire) by

13020-574: The Medieval period as the de jure rights of nobility and royalty. Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for a stronger central authority when monarchs had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging. Jean Bodin , partly in reaction to the chaos of the French wars of religion , presented theories of sovereignty calling for

13175-481: The Privacy Act of 1974, evaluating "legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government", while also preparing an annual report to Congress. For more information see: Homeland Security Act -This Act mandates that intelligence be "provided in its most shareable form" that the heads of intelligence agencies and federal departments "promote

13330-403: The U.S., in 1997, Jake Baker faced criminal charges for his e-conduct, and numerous users of peer-to-peer file-sharing software were subject to civil lawsuits for copyright infringement . This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another. In fact, even different standards concerning

13485-502: The US, and soon in Ireland. The Committee is a private organisation governed by Swiss law. Just as the office of head of state can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political territory can be shared jointly by two or more consenting powers, notably in the form of a condominium . Likewise the member states of international organizations may voluntarily bind themselves by treaty to

13640-483: The accessibility and relative anonymity of internet has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions. These complexities have taken many forms, three notable examples being the Jake Baker incident, in which the limits of obscene Internet postings were at issue, the controversial distribution of

13795-469: The act requires a variety of agencies such as the SEC, FTC, etc. to establish "appropriate standards for the financial institutions subject to their jurisdiction" to "insure security and confidentiality of customer records and information" and "protect against unauthorized access" to this information. 15 U.S.C.   § 6801 For more information see: Gramm-Leach-Bliley Act -Passed by Congress in 2002,

13950-492: The best image quality so a high-quality copy can be maintained over time. In the mid-long term, digital storage would be regarded as the more expensive part to maintain the digital archives due to the increasing number of scanning requests. However, smaller institutions may not be able to afford such equipment or manpower, which limits how much material can be digitized, so archivists and librarians must know what their patrons need and prioritize digitization of those items. To help

14105-722: The case more favorable to the plaintiff. Internet governance is a live issue in international fora such as the International Telecommunication Union (ITU), and the role of the current US-based co-ordinating body, the Internet Corporation for Assigned Names and Numbers (ICANN) was discussed in the UN-sponsored World Summit on the Information Society (WSIS) in December 2003. As of 2020,

14260-454: The computing and communication industries are regulated – often strictly – by governmental bodies. There are rules on the uses to which computers and computer networks may be put, in particular there are rules on unauthorized access , data privacy and spamming . There are also limits on the use of encryption and of equipment which may be used to defeat copy protection schemes. The export of hardware and software between certain states within

14415-413: The conditions of our world, not yours. Our world is different". Another view can be read from a wiki -website with the name "An Introduction to Cybersecession", that argues for ethical validation of absolute anonymity on the Internet. It compares the Internet with the human mind and declares: "Human beings possess a mind, which they are absolutely free to inhabit with no legal constraints. Human civilization

14570-432: The contents stored on a server located in the United Kingdom, by a citizen of France, and published on a web site, are legal in one country and illegal in another. In the absence of a uniform jurisdictional code, legal practitioners and judges have solved these kind of questions according the general rules for conflict of law; governments and supra-national bodies did design outlines for new legal frameworks. Whether to treat

14725-695: The context of the geographic scope of the technical infrastructure of Internet and state borders that are crossed in processing data around the globe. The global structure of the Internet raises not only jurisdictional issues, that is, the authority to make and enforce laws affecting the Internet, but made corporations and scholars raise questions concerning the nature of the laws themselves. In their essay "Law and Borders – The Rise of Law in Cyberspace", from 2008, David R. Johnson and David G. Post argue that territorially-based law-making and law-enforcing authorities find this new environment deeply threatening and give

14880-615: The desired surveillance. For more information see: Foreign Intelligence Act The ECPA represents an effort by the United States Congress to modernize federal wiretap law. The ECPA amended Title III (see: Omnibus Crime Control and Safe Streets Act of 1968 ) and included two new acts in response to developing computer technology and communication networks. Thus the ECPA in the domestic venue into three parts: 1) Wiretap Act, 2) Stored Communications Act, and 3) The Pen Register Act. The DPPA

15035-458: The digitization process, scanning resolutions, and preferred file formats. Some of these standards are: A list of archival standards for digital preservation can be found on the ARL website. The Library of Congress has constituted a Preservation Digital Reformatting Program. The Three main components of the program include: Audio media offers a rich source of historic ethnographic information, with

15190-844: The earliest forms of recorded sound dating back to 1890. According to the International Association of Sound and Audiovisual Archives (IASA), these sources of audio data, as well as the aging technologies used to play them back, are in imminent danger of permanent loss due to degradation and obsolescence. These primary sources are called “carriers” and exist in a variety of formats, including wax cylinders, magnetic tape, and flat discs of grooved media, among others. Some formats are susceptible to more severe, or quicker, degradation than others. For instance, lacquer discs suffer from delamination . Analog tape may deteriorate due to sticky shed syndrome . Archival workflow and file standardization have been developed to minimize loss of information from

15345-491: The expectation that everything should already be online. The time spent planning, doing the work, and processing the digital files along with the expense and fragility of some materials are some of the most common. Digitization is a time-consuming process, even more so when the condition or format of the analog resources requires special handling. Deciding what part of a collection to digitize can sometimes take longer than digitizing it in its entirety. Each digitization project

15500-465: The expressed and institutionally recognised right to exercise control over a territory. De facto sovereignty means sovereignty exists in practice , irrespective of anything legally accepted as such, usually in writing. Cooperation and respect of the populace; control of resources in, or moved into, an area; means of enforcement and security; and ability to carry out various functions of state all represent measures of de facto sovereignty. When control

15655-402: The field can attend conferences and join organizations and working groups to keep their knowledge current and add to the conversation. The term digitization is often used when diverse forms of information, such as an object, text, sound, image, or voice, are converted into a single binary code . The core of the process is the compromise between the capturing device and the player device so that

15810-455: The freedom of speech. For example, do government have a legitimate role in limiting access to information? And if so, what forms of regulation are acceptable? For example, some argue that the blocking of " blogspot " and other websites in India failed to reconcile the conflicting interests of speech and expression on the one hand and legitimate government concerns on the other hand. At the close of

15965-407: The government is divided into different levels. External sovereignty concerns the relationship between sovereign power and other states. For example, the United Kingdom uses the following criterion when deciding under what conditions other states recognise a political entity as having sovereignty over some territory; "Sovereignty." A government which exercises de facto administrative control over

16120-653: The government. The "Open Net Initiative" by the Harvard University Berkman Klein Center , the University of Toronto and the Canadian SecDev Group whose mission statement is "to investigate and challenge state filtration and surveillance practices" to "...generate a credible picture of these practices," has released numerous reports documenting the filtration of internet-speech in various countries. While China has thus far (2011) proven to be

16275-507: The harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information". Codified at 50 U.S.C. §§ 1801–1811, this act establishes standards and procedures for use of electronic surveillance to collect "foreign intelligence" within the United States. §1804(a)(7)(B). FISA overrides the Electronic Communications Privacy Act during investigations when foreign intelligence

16430-483: The information institutions to better decide the archives worth of digitization, Casablancas and other researchers used a proposed model to investigate the impact of different digitization strategies on the decrease in access requests in the archival and library reading rooms. Often the cost of time and expertise involved with describing materials and adding metadata is more than the digitization process. Some materials, such as brittle books, are so fragile that undergoing

16585-579: The institutions that implement them. Some analog materials, such as audio and video tapes, are nearing the end of their life cycle, and it is important to digitize them before equipment obsolescence and media deterioration makes the data irretrievable. There are challenges and implications surrounding digitization including time, cost, cultural history concerns, and creating an equitable platform for historically marginalized voices. Many digitizing institutions develop their own solutions to these challenges. Mass digitization projects have had mixed results over

16740-484: The internal affairs of many European states. It is a myth, however, that the Treaties of Westphalia created a new European order of equal sovereign states. In international law , sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit. Determining whether a specific entity is sovereign is not an exact science, but often a matter of diplomatic dispute. There

16895-401: The items for digital collections. It can be time consuming to make sure all potential copyright holders have given permission, but if copyright cannot be determined or cleared, it may be necessary to restrict even digital materials to in library use. Institutions can make digitization more cost-effective by planning before a project begins, including outlining what they hope to accomplish and

17050-480: The jurisdiction beyond the sovereign and territorial limits of that nation. The medium of the Internet, like electrical telegraph , telephone or radio , does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of international treaties and contracts, or conflict of laws , particularly private international law. An example would be where

17205-512: The laws of at least three jurisdictions: So a user in one of the United States conducting a transaction with another user that lives in the United Kingdom , through a server in Canada, could theoretically be subject to the laws of all three countries and of international treaties as they relate to the transaction at hand. In practical terms, a user of the Internet is subject to the laws of the state or nation within which he or she goes online. Thus, in

17360-400: The legitimacy of who is in control of a state and the legitimacy of how they exercise their power. Tilly references an example where nobles in parts of Europe were allowed to engage in private rights and Ustages , a constitution by Catalonia recognized that right which demonstrates empirical sovereignty. As David Samuel points out, this is an important aspect of a state because there has to be

17515-594: The main Western description of the meaning and power of a State. In particular, the " Social contract " as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new United States and France , though also in Great Britain to a lesser extent. Thomas Hobbes , in Leviathan (1651) put forward a conception of sovereignty similar to Bodin's, which had just achieved legal status in

17670-715: The minimum amount of equipment, time, and effort that can meet those goals. If a budget needs more money to cover the cost of equipment or staff, an institution might investigate if grants are available. Collaborations between institutions have the potential to save money on equipment, staff, and training as individual members share their equipment, manpower, and skills rather than pay outside organizations to provide these services. Collaborations with donors can build long-term support of current and future digitization projects. Outsourcing can be an option if an institution does not want to invest in equipment but since most vendors require an inventory and basic metadata for materials, this

17825-627: The most rigorous in its attempts to filter unwanted parts of the internet from its citizens, many other countries – including Singapore , Iran , Saudi Arabia , and Tunisia – have engaged in similar practices of Internet censorship . In one of the most vivid examples of information control, the Chinese government for a short time transparently forwarded requests to the Google search engine to its own, state-controlled search engines. These examples of filtration bring to light many underlying questions concerning

17980-561: The notion of territorial sovereignty as a norm of noninterference in the affairs of other states, so-called Westphalian sovereignty , even though the treaty itself reaffirmed the multiple levels of the sovereignty of the Holy Roman Empire. This resulted as a natural extension of the older principle of cuius regio, eius religio (Whose realm, his religion), leaving the Roman Catholic Church with little ability to interfere with

18135-432: The number of possible values of the signal at a given time , as well as in the number of points in the signal in a given period of time. However, digital signals are discrete in both of those respects – generally a finite sequence of integers – therefore a digitization can, in practical terms, only ever be an approximation of the signal it represents. Digitization occurs in two parts: In general, these can occur at

18290-929: The obligations of the EU and its Member States under the World Trade Organisation ' TRIPS' Agreement and the two 1996 World Intellectual Property Organisation (WIPO) Internet Treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty . Two other WIPO Treaties signed in 2012 and 2016, are the Beijing Treaty on the Protection of Audiovisual Performances and the Marrakesh VIP Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or otherwise Print Disabled. Moreover, free-trade agreements, which

18445-402: The only option for continued use. In the context of libraries, archives, and museums, digitization is a means of creating digital surrogates of analog materials, such as books, newspapers, microfilm and videotapes, offers a variety of benefits, including increasing access, especially for patrons at a distance; contributing to collection development, through collaborative initiatives; enhancing

18600-644: The origin of power), provides that the people are the legitimate sovereign. Rousseau considered sovereignty to be inalienable; he condemned the distinction between the origin and the exercise of sovereignty, a distinction upon which constitutional monarchy or representative democracy is founded. John Locke , and Montesquieu are also key figures in the unfolding of the concept of sovereignty; their views differ with Rousseau and with Hobbes on this issue of alienability. The second book of Jean-Jacques Rousseau's Du Contrat Social, ou Principes du droit politique (1762) deals with sovereignty and its rights. Sovereignty, or

18755-452: The original carrier to the resulting digital file as digitization is underway. For most at-risk formats (magnetic tape, grooved cylinders, etc.), a similar workflow can be observed. Examination of the source carrier will help determine what, if any, steps need to be taken to repair material prior to transfer. A similar inspection must be undertaken for the playback machines. If satisfactory conditions are met for both carrier and playback machine,

18910-459: The paast for electrical telegraph, telephone and cable TV. A critical aspect is that laws in force in one jurisdiction have the potential to have effects in other jurisdictions when host servers or telecommunications companies are affected. The Netherlands became in 2013 the first country in Europe and the second in the world, after Chile, to pass law relating to it. In U.S, on 12 March 2015, the FCC released

19065-502: The people in return for his maintaining their physical safety—led him to conclude that if and when the ruler fails, the people recover their ability to protect themselves by forming a new contract. Hobbes's theories decisively shape the concept of sovereignty through the medium of social contract theories. Jean-Jacques Rousseau 's (1712–1778) definition of popular sovereignty (with early antecedents in Francisco Suárez 's theory of

19220-668: The place and time of concern, and reside within the same organization. The term arises from the unattested Vulgar Latin * superanus (itself a derived form of Latin super – "over") meaning "chief", "ruler". Its spelling, which has varied since the word's first appearance in English in the 14th century, was influenced by the English word " reign ". The concept of sovereignty has had multiple conflicting components, varying definitions, and diverse and inconsistent applications throughout history. The current notion of state sovereignty contains four aspects: territory, population, authority and recognition. According to Stephen D. Krasner ,

19375-434: The potential for research and education; and supporting preservation activities. Digitization can provide a means of preserving the content of the materials by creating an accessible facsimile of the object in order to put less strain on already fragile originals. For sounds, digitization of legacy analog recordings is essential insurance against technological obsolescence. A fundamental aspect of planning digitization projects

19530-509: The process of digitization could damage them irreparably. Despite potential damage, one reason for digitizing fragile materials is because they are so heavily used that creating a digital surrogate will help preserve the original copy long past its expected lifetime and increase access to the item. Copyright is not only a problem faced by projects like Google Books , but by institutions that may need to contact private citizens or institutions mentioned in archival documents for permission to scan

19685-653: The processed image. Digitization of analog tapes before they degrade, or after damage has already occurred, can rescue the only copies of local and traditional cultural music for future generations to study and enjoy. Academic and public libraries, foundations, and private companies like Google are scanning older print books and applying optical character recognition (OCR) technologies so they can be keyword searched, but as of 2006, only about 1 in 20 texts had been digitized. Librarians and archivists are working to increase this statistic and in 2019 began digitizing 480,000 books published between 1923 and 1964 that had entered

19840-416: The public domain. Unpublished manuscripts and other rare papers and documents housed in special collections are being digitized by libraries and archives , but backlogs often slow this process and keep materials with enduring historical and research value hidden from most users (see digital libraries ). Digitization has not completely replaced other archival imaging options, such as microfilming which

19995-469: The rapid growth of the digital preservation field. Sometimes digitization and digital preservation are mistaken for the same thing. They are different, but digitization is often a vital first step in digital preservation. Libraries, archives, museums, and other memory institutions digitize items to preserve fragile materials and create more access points for patrons. Doing this creates challenges for information professionals and solutions can be as varied as

20150-511: The rendered result represents the original source with the most possible fidelity, and the advantage of digitization is the speed and accuracy in which this form of information can be transmitted with no degradation compared with analog information. Digital information exists as one of two digits, either 0 or 1. These are known as bits (a contraction of binary digits ) and the sequences of 0s and 1s that constitute information are called bytes . Analog signals are continuously variable, both in

20305-464: The resignation of then President Richard Nixon . In passing this Act, Congress found that "the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies" and that "the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified

20460-488: The revision of the concept of sovereignty was made explicit with the Responsibility to Protect agreement endorsed by all member states of the United Nations. If a state fails this responsibility either by perpetrating massive injustice or being incapable of protecting its citizens, then outsiders may assume that responsibility despite prior norms forbidding such interference in a nation's sovereignty. European integration

20615-403: The ruler (also known as the sovereign ); natural law and divine law confer upon the sovereign the right to rule. And the sovereign is not above divine law or natural law. He is above ( i.e. not bound by) only positive law , that is, laws made by humans. He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that

20770-420: The same time, though they are conceptually distinct. A series of digital integers can be transformed into an analog output that approximates the original analog signal. Such a transformation is called a digital-to-analog conversion . The sampling rate and the number of bits used to represent the integers combine to determine how close such an approximation to the analog signal a digitization will be. The term

20925-462: The service, issues of copyright law violations threaten to derail the project. However, it does provide – at the very least – an online consortium for libraries to exchange information and for researchers to search for titles as well as review the materials. Digitizing something is not the same as digitally preserving it. To digitize something is to create a digital surrogate (copy or format) of an existing analog item (book, photograph, or record) and

21080-464: The specific details of its new net neutrality rule. And on 13 April 2015, the FCC published the final rule on its new regulations. Article 19 of the Universal Declaration of Human Rights calls for the protection of free opinion and expression . Which includes right such as freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In comparison to print-based media,

21235-430: The study of cyberlaw and related areas Topics related to cyberlaw Digitized Digitization is the process of converting information into a digital (i.e. computer-readable) format. The result is the representation of an object, image , sound , document , or signal (usually an analog signal ) obtained by generating a series of numbers that describe a discrete set of points or samples . The result

21390-415: The term could also be understood in four different ways: Often, these four aspects all appear together, but this is not necessarily the case – they are not affected by one another, and there are historical examples of states that were non-sovereign in one aspect while at the same time being sovereign in another of these aspects. According to Immanuel Wallerstein , another fundamental feature of sovereignty

21545-898: The territory. Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority. Along these lines, the German sociologist Max Weber proposed that sovereignty is a community's monopoly on the legitimate use of force ; and thus any group claiming the right to violence must either be brought under the yoke of the sovereign, proven illegitimate or otherwise contested and defeated for sovereignty to be genuine. International law, competing branches of government, and authorities reserved for subordinate entities (such as federated states or republics) represent legal infringements on exclusivity. Social institutions such as religious bodies, corporations, and competing political parties might represent de facto infringements on exclusivity. De jure , or legal, sovereignty concerns

21700-547: The transfer can take place, moderated by an analog-to-digital converter . The digital signal is then represented visually for the transfer engineer by a digital audio workstation , like Audacity, WaveLab, or Pro Tools. Reference access copies can be made at smaller sample rates. For archival purposes, it is standard to transfer at a sample rate of 96 kHz and a bit depth of 24 bits per channel. Many libraries, archives, museums, and other memory institutions, struggle with catching up and staying current regarding digitization and

21855-471: The trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn to contain the Government," with the understanding that the Sovereign is "a collective being of wonder" (Book II, Chapter I) resulting from "the general will" of the people, and that "what any man, whoever he may be, orders on his own,

22010-432: The upbringing of their children independent of societal regulation, and municipalities do not have unlimited jurisdiction in local matters, thus neither parents nor municipalities have absolute sovereignty. Theorists have diverged over the desirability of increased absoluteness. A key element of sovereignty in a legalistic sense is that of exclusivity of jurisdiction also described as the ultimate arbiter in all disputes on

22165-621: The vertical axis, and assigns them a numerical value, while quantizing looks for measurements that are between binary values and rounds them up or down. Nearly all recorded music has been digitized, and about 12 percent of the 500,000+ movies listed on the Internet Movie Database are digitized and were released on DVD . Digitization of home movies , slides , and photographs is a popular method of preserving and sharing personal multimedia. Slides and photographs may be scanned quickly using an image scanner , but analog video requires

22320-474: The world to pre World War II norms of sovereignty. There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon. An important factor of sovereignty is its degree of absoluteness . A sovereign power has absolute sovereignty when it

22475-571: The years, but some institutions have had success even if not in the traditional Google Books model. Although e-books have undermined the sales of their printed counterparts, a study from 2017 indicated that the two cater to different audiences and use-cases. In a study of over 1400 university students it was found that physical literature is more apt for intense studies while e-books provide a superior experience for leisurely reading. Technological changes can happen often and quickly, so digitization standards are difficult to keep updated. Professionals in

22630-537: Was a practical expression of this circumscription when the Westphalian principle of non-intervention was no longer observed for cases where the United Nations or another international organization endorsed a political or military action. Previously, actions in Yugoslavia, Bosnia, Kosovo , Somalia , Rwanda , Haiti , Cambodia or Liberia would have been regarded as illegitimate interference in internal affairs. In 2005,

22785-514: Was expressing the idea that the emperor exercised a rather absolute form of sovereignty that originated in the people, although he did not use the term expressly. Ulpian's statements were known in medieval Europe , but sovereignty was an important concept in medieval times. Medieval monarchs were not sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy . Furthermore, both were strongly constrained by custom. Sovereignty existed during

22940-470: Was not inevitable; "it arose because of a particular conjuncture of social and political interests in Europe." Once states are recognized as sovereign, they are rarely recolonized, merged, or dissolved. Today, no state is sovereign in the sense they were prior to the Second World War. Transnational governance agreements and institutions, the globalized economy, and pooled sovereignty unions such as

23095-528: Was not noted by the majority, but instead it was articulated by the concurring opinion of Justice Harlan. Under this test, 1) a person must exhibit an "actual (subjective) expectation of privacy" and 2) "the expectation [must] be one that society is prepared to recognize as 'reasonable'". Inspired by the Watergate scandal , the United States Congress enacted the Privacy Act of 1974 just four months after

23250-439: Was nothing new; new were the massive amounts of contacts, the possibilities of hiding one's identity and sometime later the colonisation of the terrain by corporations. Jurisdiction is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence. Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extraterritorial impact extending

23405-551: Was overrun by foreign forces in the Iraq War of 2003 , Iraq had not been annexed by any country, so sovereignty over it had not been claimed by any foreign state (despite the facts on the ground ). Alternatively, independence can be lost completely when sovereignty itself becomes the subject of dispute. The pre-World War II administrations of Latvia , Lithuania and Estonia maintained an exile existence (and considerable international recognition) whilst their territories were annexed by

23560-772: Was passed in response to states selling motor vehicle records to private industry. These records contained personal information such as name, address, phone number, SSN, medical information, height, weight, gender, eye color, photograph and date of birth. In 1994, Congress passed the Driver's Privacy Protection (DPPA), 18 U.S.C. §§ 2721–2725, to cease this activity. For more information see: Driver's Privacy Protection Act -This act authorizes widespread sharing of personal information by financial institutions such as banks, insurers, and investment companies. The GLBA permits sharing of personal information between companies joined or affiliated as well as those companies unaffiliated. To protect privacy,

23715-693: Was recognised as sovereign by many (mostly Roman Catholic) states despite possessing no territory – a situation resolved when the Lateran Treaties granted the Holy See sovereignty over the Vatican City . Another case, sui generis is the Sovereign Military Order of Malta , the third sovereign entity inside Italian territory (after San Marino and the Vatican City State ) and the second inside

23870-657: Was the technological development of " instant photography ". This article set the stage for all privacy legislation to follow during the 20 and 21st centuries. In 1967, the United States Supreme Court decision in Katz v United States , 389 U.S. 347 (1967) established what is known as the Reasonable Expectation of Privacy Test to determine the applicability of the Fourth Amendment in a given situation. The test

24025-409: Was thus the first to write that relations between the people and the sovereign were based on negotiation rather than natural submission. His expediency argument attracted many of the early proponents of sovereignty. Hobbes strengthened the definition of sovereignty beyond either Westphalian or Bodin's, by saying that it must be: Hobbes' hypothesis—that the ruler's sovereignty is contracted to him by

#926073