Regulating the Internet? There is first the problem of judges ignorant …
April 30, 09 by Mark75[AUTOMATIC TRANSLATION - SEE NOTE]
Judges “ignorant” in the etymological sense , which ignore the effect who do not know, not offended, just to clarify the avoidance of doubt. But maybe that is the problem when applying the law when it comes to the Internet. Yes, because in reality laws are already there, wanting : if that is not a scam, slander, baiting, or perform any crime with the help of Internet there is a legal gap so large as to justify the fact that it remains unpunished.
In my opinion, this is anything but minor aspect of the debate concerning the “law of the Internet.” If you go to see the comments of any expert on legal issues related to the network (I quote ictlex or Interlex just to name two) you will realize that the big problem is that in reality happens over some time some judge ( not familiar with the argument) end with this case that does not really apply to the case corrsipondono . The result of going so to create these holes, or go against fundamental rights and principles recognized (such as rights of speech and opinion, or neutrality” carrier “of data ).
L ‘ adequate preparation of those who are judging is an essential aspect : to get a fair trial, you need judges who know the law and understand the problem. If there is no knowledge of these two, it is clear that the mechanism may not work: it was as if a judge put a computer engineer, an expert in computer science but who knows absolutely nothing right.
It is however said that this lack of preparation not be seen as misconduct of judges , but the shabby Italian legal system . Distinction much less subtle than it appears. Because of the emergence of a technology that has a substantial impact also on social point of view, should be provided at least the “refresher training” to explain What this technology and how it works. While at the time we actually relies on the goodwill of individual staff and culture, which is certainly important but may not be the basis on which rests the law.
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Regolamentare Internet? Ci sarebbe prima il problema dei giudici ignoranti...
