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

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

Jonathan Bishop

Abstract

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

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Citation

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

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

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

Jonathan Bishop

Abstract

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

Reference

Jonathan Bishop (2014). Sticks and Stones Will Break my Euros: The Role of EU Law in Dealing with Cyber-Bullying through Sysop Prerogative. In: Maria Manuela Cruz-Cunha & Irene Maria Portela (Eds.) Handbook of Research on Digital Crime, Cyberspace Security, and Information Assurance. IGI Global, Hershey, PA. Available online at: http://www.jonathanbishop.com/Library/Documents/EN/docIGIPaper_SticksStones.pdf

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

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

Jonathan Bishop

Abstract

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

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Citation

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