After the advent of the new information and communication technologies: What are still subjective rights?
New Information and Communication Technologies (ICTs) are the techniques used in the processing and transmission of information, mainly computer, Internet and telecommunications. The advent of the Internet and mainly the Web as mass media and the success of blogs, wikis or Peer to Peer technologies give NICTs a sociable dimension. This is justified by the fact that one is alienated by internet. In addition, digital technology has reached a stage of development in the digital world to the point where it has become today an object of reflection known to all social actors.
In its current meaning, the internet appears as the network that allows people around the world to interact with each other, mainly in English, and to transmit texts, images and sounds via computers equipped with a modem. It’s one of the most popular networks in the world, with more than 75 million computers in more than 100 countries. Launched in the late 1960s by the US Defense (Arpanet project), the internet became the preferred means of communication for scientific research before seducing the business world in the second half of the 1990s. Its first function concerned the exchange of emails. The large messaging services that existed before (AOL, CompuServe, etc.) quickly rallied to them: today SMTP (Simple Mail Transfer Protocol) the Internet messaging protocol has become the global standard. Then, with the arrival of browsers capable of displaying graphics like, Mosaic, Netscape and then Internet Explorer from Microsoft, the World Wide Web has expanded considerably.
Thus, the ambition of the Internet is expressed in one sentence: Connect all the computers in the world. Just like the phone that allows you to converse with anyone who knows the number. Similarly, the internet is a global system for exchanging electronic documents: Texts, files, images, sounds and audio-visual sequences. It is the alliance of Computing and Telecommunications: Telematics in the true sense of the term.
However, the new information and communication technologies have revealed a lack of legislation in the public sector. Today with the penalization of computers in households and the internationalization of exchanges through the Internet, some people still claim that there is a legal vacuum on the internet. Although it should be noted the existence of many laws specific to the computer sector, better the existence of an internet right. However, it must be acknowledged that it remains difficult or impossible to identify. In other words, these specific standards are not a guarantee of subjective rights, they are not sufficient, they do not apply satisfactorily. Reason why a certain number of individual rights, for the specific case, the subjective rights still remain strongly limited. It is therefore necessary to outline what is meant by subjective rights.
Subjective rights are the special prerogatives that a person (physical or moral) can claim, either on a thing (real rights) or on a person (personal rights, also called “right of claim”) determined. In other words, they are prerogatives that a legal subject holds.
The Internet raises issues of law relating to intellectual property, press law, publications and the right to image. As a result, the advent of the internet is a real challenge to subjective rights. Popular wisdom teaches to “start from the beginning”! That is why we will start these studies by clarifying the language of the Internet (I) then, we will expose on the diversity of the rights despised by the advent of Net (II).
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