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

The Thin-Blue Web: Police Crime Records of Internet Trolling Show Chivalrous Attitudes That Can Be Resolved through Transfer of Powers

The Thin-Blue Web: Police Crime Records of Internet Trolling Show Chivalrous Attitudes That Can Be Resolved through Transfer of Powers

Jonathan Bishop

Abstract

This chapter using an empirical data-driven approach to investigate crime recording logs of South Wales Police relating to Internet trolling by and towards different sexes. The chapter finds more favourable attitudes towards women as victims in even the most trivial of cases. It finds male victims of trolling are only treated as victims when a form of unwanted face-to-face encounter is needed for action. The chapter shows transferring police powers to local authorities, can cut the cost of community policing by 50% across the board and eliminate sexist attitudes also. The chapter finds that the way social media platforms are exercising ‘sysop prerogative’ where they have no right to – such as not passing over account information on alleged defamers – puts a huge burden on police resources. Using local authorities, which have many of the same powers as the police and indeed more, can resolve problems without the need to criminalise offenders.

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Reference

Jonathan Bishop (2015). The Thin-Blue Web: Police Crime Records of Internet Trolling Show Chivalrous Attitudes That Can Be Resolved through Transfer of Powers. In P. Thomas, M. Srihari, & S. Kaur (Eds.) Handbook of Research on Cultural and Economic Impacts of the Information Society (pp. 67-91), IGI Global, Hershey, PA. Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/the-thin-blue-web-police-crime-records-of-internet-trolling-show-chivalrous-attitudes-that-can-be-resolved-through-transfer-of-powers.pdf

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

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

Jonathan Bishop

Abstract

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

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

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

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

Jonathan Bishop

Abstract

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

Full Text

Reference

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

Special Issue on Internet Trolling in the International Journal of E-Politics (Closed)

Submission Due Date

Closed – In Press.

Guest Editor

Journal

International Journal of E-Politics – IGI Global

Introduction

Since 2011 prominence has been drawn to ‘Internet trolling’, the posting of provocative messages or other content on Internet websites for humorous effect. Since the popularisation of self-described “trolls” on websites like 4chan, who as online miscreants abuse others for their own sick entertainment only, has meant mass media across the world has grasped the term to label all forms of Internet abuse as ‘trolling’ and all Internet abusers or cyberbullies as “trolls”. This focus of the term has provided a new legitimacy to young people seeking the Internet as an avenue to express their resentment at lack of opportunity in the economy, and also the ever present discontented masses who resent the success of any ‘ordinary person’ who makes it into the headlines, whether they win a school swimming contest, or a rare opportune Oscar. This special issue explores the implications and issues of Internet trolling to suggest appropriate strategies to improve the management of flame trolling, which tries to harm, and foster greater kudos trolling, which tries to create good humor and social bonding.

Objective

The objective of the proposed Special Issue is to highlight the issues facing, legislators, law enforcers and those seeking or elected to public office. Research contributions in this special issue will provide insights for rethinking approaches to Internet abuse, cybercrime, and other areas that have an impact on the management and proliferation of Internet trolling. The contents in this special issue are of interest for researchers working in the domains of information security and cybercrime, human computer interaction, organizational science, cyberculture and multimedia studies, and political science.

Recommended Topics

Topics to be discussed in this special issue include (but are not limited to) the following:

  • Effectiveness of information security policies and laws for dealing with flame trolling
  • Extent and limitations of webmaster powers over trolling (i.e., sysop prerogative)
  • Limitations, challenges, and barriers to ICT systems as a result of trolling
  • Media representations of Internet trolling, “trolls” and “the art of trolling”
  • Political, ethical, security, privacy, and legal issues
  • Politics of Internet trolling and the use and misuse of “trolling” for electoral gain
  • Powers and controls of website controllers and the impact of state regulation
  • System design for encouraging kudos trolling and reducing flame trolling
  • User experiences of trolling, and attitudes towards kudos and flame trollers

Submission Procedure

Researchers and practitioners are invited to submit papers for this special theme issue on Internet Trolling. All submissions must be original and may not be under review by another publication. INTERESTED AUTHORS SHOULD CONSULT THE JOURNAL’S GUIDELINES FOR MANUSCRIPT SUBMISSIONS at http://www.igi-global.com/Files/AuthorEditor/guidelinessubmission.pdf.

All submitted papers will be reviewed on a peer review basis. Authors are invited to submit two to three international academics with expertise on their paper who may or may not be called to act as reviewers on a blind-review basis. A positive review(s) does not guarantee acceptance. Any authors who are unsuccessful in being among the final 6 papers, may wish for it to be considered for a different call for papers on Internet trolling.

Papers must follow APA style for reference citations.

NB. Papers can be submitted any time before the deadline, as reviewing will take place throughout the period of the advertising of this call for papers. Successful papers for the special issue will be give a letter of approval so the authors can put their publication on their CVs. A edited book on Internet trolling is being compiled concurrently. Authors should indicate whether they wish their paper to be simultaneously considered for this. Again, this will be done between submission and deadline, and authors will receive a confirmation of acceptance letter to add their chapter to their CV.

All submissions and inquiries should be directed to the attention of:

Jonathan Bishop LLM
E-mail: jbishop@crocels.com 
Centre for Research into Online Communities and E-Learning Systems, European Parliament, Brussels, BE.


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All’s WELL that Ends WELL: A Comparative Analysis of the Constitutional and Administrative Frameworks of Cyberspace and the United Kingdom

All’s WELL that Ends WELL: A Comparative Analysis of the Constitutional and Administrative Frameworks of Cyberspace and the United Kingdom

Jonathan Bishop

Abstract

Constitutional and Administrative Law is a core component of legal studies throughout the world, but to date little has been written about how this might exist on the Internet, which is like a world without frontiers. John Perry Barlow’s “Declaration of the Independence of Cyberspace” served to start the debate about the legitimacy of nation-states to impose laws on such a virtual space. It has been argued that the nation-states won as there are now a significant number of laws regulating the Internet on national and international levels. It can however be seen that there are commonalities between the two entities. For example, there are commonalities in the way they function. There are also commonalities in the way civil rights exist, and the existence of civil remedies and law enforcement. These are all explored in the chapter, which also presents two concepts about the authority of the state in regulating behaviour in online communities. One of them, “sysop prerogative,” says that owners of website can do whatever they want so long as they have not had it taken away by law or given it away by contract. The second, ‘The Preece Gap’, says that there is a distance between the ideal usable and sociable website that the users want and that which the owners of the website provide in practice. Two other concepts are also introduced, “the Figallo effect” and the “Jimbo effect.” The former describes an online community where users use their actual identities and sysop prerogative is delegated to them. The latter describes those where sysop prerogative is exercised by one or more enforcers to control users who use pseudonyms. The chapter concludes that less anonymity and a more professionalised society are needed to bridge the gap between online and offline regulation of behavior.

Full Text

References

Jonathan Bishop (2011). All’s WELL that Ends WELL: A Comparative Analysis of the Constitutional and Administrative Frameworks of Cyberspace and the United Kingdom. In: Alfreda Dudley, James Braman and Giovanni Vincenti (Eds.) Investigating Cyber Law and Cyber Ethics: Issues, Impacts and Practices. IGI Global: Hershey, PA. (Pages 254-263) Available online at: http://resources.crocels.com/wp-content/uploads/sites/4/alls-well-that-ends-well-a-comparative-analysis-of-the-constiturional-and-administrative-frameworks-of-cyberspace-and-the-united-kingdom.pdf