Legal vacancy
In the mass media and in public, an area that is limited in terms of time, space or topic and in which no laws are effective, exist, are observed or enforced is referred to as a legal free area . The term is often used by the media as a political catchphrase . In many cases it is controversial whether there is a legal vacuum or whether this is a problem, not least because in society, e.g. B. in the protection of intellectual property, there are different needs for regulation or rule enforcement.
Examples
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no mans land
- Areas uninhabited by humans, such as the high seas , the Antarctic or the universe with only few legal regulations and possibilities to enforce them, but see the law of the sea , the political status of the Antarctic , space law
- Border areas that are de facto not subject to any clear territorial rule (such as the Lenné triangle in Berlin, in the period between the construction of the Berlin Wall in 1961 and 1988, when the area was transferred to West Berlin.)
- According to the authoritarian state doctrine of the special relationships of violence , certain institutional and civil servant relationships were essentially unlawful areas, since the individual was included in the state organization.
- Inability of the state to enforce laws in the event of a public order breakdown , e.g. B. limited in time due to disasters (looting after Hurricane Katrina in New Orleans ) or civil wars (e.g. after the collapse of the central Somalia government in 1991)
- Legal freedom due to transnational economic and technical structures, some of which are beyond the reach of state regulation for normative or factual reasons: Internet , in exceptional cases lawlessness or anonymity on the Internet , enforcement deficit, etc. a.
The extent to which there are actually legal vacancies on the Internet or whether this is based solely on subjective assessments and ignorance is controversial.
Programmed external control
Significant dangers and loopholes from the 'new' world of diverse programmed external determinations were discovered in July 2017 at a BMJV conference "Digitales Leben Vernetzt. Vermessen. Sold?" themed in Berlin. The former judge of the Federal Constitutional Court Wolfgang Hoffmann-Riem stated that behavioral control by algorithms largely takes place in an " arcane area ", so it is hardly accessible to third parties and difficult to control by society : "Effective legal protection precautions" are missing, especially "collective common goods "are endangered by selection mechanisms and the stigmatization of certain sections of the population.
Internet as a legal vacuum
Proponents of network policy regulations such as data retention , the Access Restriction Act or tougher action against copyright violations often criticize the Internet as a legal free space. The demand from politicians and lobbyists that the Internet should not be a legal vacuum has become a standard phrase in debates on the Internet. Civil rights activists, network activists and politicians counter this by saying that it is a misleading phrase because the same laws apply on the Internet as in the real world and the network is now even more regulated.
swell
- ↑ Lenné triangle - the legendary triangle ( memento of the original from March 6, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ http://www.unwetter.de/pages/katast.php/
- ↑ http://www.jurpc.de/aufsatz/19970016.htm
- ↑ Algorithms and scoring: Maas calls for digital anti-discrimination law heise.de, on July 9, 2017
- ↑ Phrases criticism: The Internet is not a legal free space Spiegel-Online of June 26, 2009
- ↑ The Internet - a legal vacuum? Deutschlandfunk from August 21, 2009
- ↑ Because of "legal free space" Internet Die Zeit from September 1st, 2009