• Title/Summary/Keyword: Freedom of information law

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Information Sovereignty as the Basis of Modern State Information Security

  • Zozulia, Oleksandr;Zozulia, Ihor;Brusakova, Oksana;Kholod, Yurii;Berezhna, Yevheniia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.264-268
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    • 2021
  • In the context of globalization of information processes, the prevalence of information wars and terrorism, there are new threats to national interests in the information sphere, which actualizes providing the information sovereignty of modern states. Therefore, the purpose of the article is an in-depth analysis of the features and content of information sovereignty as a component of state sovereignty, its relationship with freedom of information and information security, as well as a characterization of the bases and directions of providing information sovereignty. The information sovereignty of the modern state includes its activities to determine national interests in the information sphere, the formation and implementation of information policy, providing information security, regulation and control of information processes. The realization of information sovereignty should be based on real freedom of information, information privacy and the state obligation to provide them. Ensuring information sovereignty also requires solving the problems of formation of modern information legislation, which would comprehensively establish the bases and directions of providing information sovereignty, exceptional cases of restriction of freedom of information.

A Study on the License Agreement of digital information - focusing on the UCITA - (디지털정보의 사용허락계약)

  • Han, Byoung-Wan;Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.45-66
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    • 2009
  • Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

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A Study on Systematizing Production and Access of the Public Institution's Conference Records -Focused on The Government in the Sunshine Act in USA - (공공기관의 회의록 생산·공개 제도화 연구 -미국의 회의공개법에 대한 분석을 중심으로-)

  • Byon, Ju-yon
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.203-245
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    • 2008
  • Although a few years have passed since the importance of the public record management became the subject, the management of the minutes which is produced from the deliberation and decision-making process of an important policy relatively was been neglected the while. When institutionally inspecting at present, the minutes production is based upon Record Management Law, and the minutes opening is based upon Freedom of Information Act. Although the minutes must be made out according to Record Management Law, it is not well operated. So, the minutes formally is made out and there was actually the important minutes excepted from the management object. Opening of the minutes made by Article 9 of Freedom of Information Act has the problem that be used as a basis of dividing unfairly into closed opening because the reason of the closed opening is vague. This study analyzes the problem of production and opening of the current minutes. It also considers Sunshine Act in USA and suggests a institutional ways for production and opening of Korean minutes. We can think of two institutional ways for production and opening of the minutes. One is making a separate law like Sunshine Act in USA. The other is revising the existing laws. In reality it's very difficult to make a new law for minute production and opening. Therefore, the purpose of this study is to suggest the way for revising Record Management Law and Freedom of Information Act that include minutes related regulations. The record must be fundamentally produced and opened for a nation and people as public records is the records of the nation and people as well as an authority which produced those records. If the minutes is produced and opened from a institutional change through the revision of Record Management Law and Freedom of Information Act, the minutes can not only help the responsible administration to realize but be utilized to important historical records as a basis data of an important policy decision-making.

Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

A Study on freedom of information in the Government 2.0 era (거버먼트 2.0 기반의 정보공개제도 개선방안에 대한 연구)

  • Kim, You-seung
    • The Korean Journal of Archival Studies
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    • no.25
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    • pp.197-231
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    • 2010
  • The concept of Government 2.0 is spreading rapidly in many countries and is fundamentally changing existing freedom of information system which has passively responded to information demands. This study aims at discussing possible strategies for a new freedom of information system that is based on the Government 2.0 notion which presents revolutional approaches to public sector information's creation, management, and usage. For the purpose of the study, precedence studies and researches about both freedom of information system and Government 2.0 are analyzed. Furthermore, mutual relationships between them are discussed. Through this discussion, social and economic benefits from freedom of information systems which are based on Government 2.0 are explored. As a case study, Data.gov services in the US, the UK, and Australia which are recognised as a feasible plan to set up Government 2.0 are analyzed. Their three common characteristics- revaluating public sector information's reuse, establishing exclusive agencies, and providing raw data-are discussed. Then, various mashup services which use Data.gov services' raw data are also studied. Issues related to the freedom of information system in South Korea are examined. As a result, a policy framework for establishing Government 2.0 based freedom of Information system is discussed in terms of three aspects, law, technology and organization.

Status and Problems of Online Game Regulations for Juvenile Protection- Centered on the Online Game Shutdown System of Korea

  • Kim, Il Hwan;Kim, Jaehyoun;Kim, Myeong Sik;Hong, Seok Han
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.9 no.4
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    • pp.1548-1568
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    • 2015
  • Korea's Compulsive Shutdown System bans online game providers from offering their services to children under 16 years of age from midnight to 6 a.m. Although it was introduced only after lengthy rounds of discussion, controversy over the system still continues. The key question is whether the system, which unilaterally emphasizes juvenile protection, infringes upon the freedom of playing games for teenagers, the freedom of business for game products related business operators and the right to foster children for parents, which are basic rights under the Constitution. It is very encouraging that the State took up the issue and prepared various systems for juvenile protection through the Compulsive Shutdown System. Yet the government has to plan as comprehensive and effective of a measure as it possibly can by predicting the trends of technology development and game use, and also set detailed standards to ensure that the system should not become an excessive or inappropriate regulation. Although the State's compulsive intervention may be positive since it is hard to expect a self purification capability to exhibit itself concerning game use among teenagers, a plan to prevent game addiction among adolescents from the long-term and fundamental perspectives should be prepared as well.

A study on the Governing Law to Application under the Intellectual Property Right Disputes in Internet (인터넷상에서 지적재산권 분쟁에 따른 준거법 적용에 관한 논점)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.133-156
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    • 2004
  • The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

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A Study of Digital Library Service Records and User Privacy (디지털도서관서비스기록과 이용자프라이버시에 관한 연구)

  • Noh, Young-Hee
    • Journal of the Korean Society for information Management
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    • v.29 no.3
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    • pp.187-214
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    • 2012
  • Libraries are founded to ensure the intellectual freedom of citizens, and citizens have the right to confidentiality regarding their needs, information access, and information use. Protecting users' privacy is critical to safeguarding their freedom of speech, freedom of thought, and freedom of assembly. Libraries and librarians should seriously concern themselves with their users' privacy because protecting this privacy is part of their most important mission, and, in doing so, users can truly enjoy their intellectual freedom. This study extensively investigated and analyzed the possibility of privacy invasion that may occur in libraries. As a result, cases of potential invasion of privacy in libraries were summarized in the following three categories: violations occurring in the process of national or law agencies' enforcement operations; violations occurring in the process of routine library services such as circulation, reference, online searching etc.; and violations occurring by outsourcing library services.

Codebook-Based Interference Alignment for Uplink MIMO Interference Channels

  • Lee, Hyun-Ho;Park, Ki-Hong;Ko, Young-Chai;Alouini, Mohamed-Slim
    • Journal of Communications and Networks
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    • v.16 no.1
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    • pp.18-25
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    • 2014
  • In this paper, we propose a codebook-based interference alignment (IA) scheme in the constant multiple-input multiple-output (MIMO) interference channel especially for the uplink scenario. In our proposed scheme, we assume cooperation among base stations (BSs) through reliable backhaul links so that global channel knowledge is available for all BSs, which enables BS to compute he transmit precoder and inform its quantized index to the associated user via limited rate feedback link. We present an upper bound on the rate loss of the proposed scheme and derive the scaling law of the feedback load to maintain a constant rate loss relative to IA with perfect channel knowledge. Considering the impact of overhead due to training, cooperation, and feedback, we address the effective degrees of freedom (DOF) of the proposed scheme and derive the maximization of the effective DOF. From simulation results, we verify our analysis on the scaling law to preserve the multiplexing gain and confirm that the proposed scheme is more effective than the conventional IA scheme in terms of the effective DOF.