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WEEK1 GTS231 Law and Technology.pdf

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LAW- SOCIETY WE LIVE IN THE TECHNOLOGICAL WORLD NOWADAYS! People live in community. & We belong There are interactions to societies! between individuals. smallest unit Examples: Family, School,...

LAW- SOCIETY WE LIVE IN THE TECHNOLOGICAL WORLD NOWADAYS! People live in community. & We belong There are interactions to societies! between individuals. smallest unit Examples: Family, School, = State, International levels 13 Perfect Peace is Idealistic ! Actions Our society performed by - Sometimes Finding is not ones might raise appropriate - - - always affect others - problematic solutions is - peaceful. in different issues! necessary. ways. - 14 Laws Continue to be Developed every society he this ar wrle official and Enforceable THEREFORE, RULES & STRICT RULES THAT PEOPLE REGULATIONS ARE NEEDED. WITHIN THE SAME SOCIETY ACCEPT AND AGREE TO OBEY WOULD CREATE A “LAW”. 15 Possible Interactions We are part of societies. We interact with others everyday. Today, broader description of how we interact Face-to-face Via some means of communication Traditional e.g. Telephone Internet 16 Online Activities When it comes to online interactions… More people can be connected. Things happen faster than ever. Wider territories (we are talking about global level now!) online shopping It involves different and new types of activity.2 type of cybercrime new. new Novel technology developed can be something that we cannot = currently imagine. Commercial - activity 17 Law Development Processes NORMALLY, LAWS ARE DEVELOPED BASED IN PRACTICE, THERE COULD BE SOME ON POSSIBLE PROBLEMS FOUND WITHIN “LOOPHOLES” IN THE LAW CODES THE SOCIETY. winrin [I.E. GAPS IN LAW]… ~ ① cause THIS CREATES GOOD NORMS FOR PEOPLE TO DUE TO SOME ISSUES THAT COULD NOT BE FOLLOW. THOUGHT OF DURING THE PROCESS OF LAW IF NOT FOLLOWED, THERE ARE CERTAIN LEGISLATION eisungans LIABILITIES AS DEFINED BY LAW FOR SPECIFIC OR ariw dur OFFENCES. ② novel technology mirmic SOMETHING THAT COULD NOT POSSIBLY HAPPEN 18 BEFORE! Cyberspace Cyberspace has no geographical boundaries. Web presence is national and global at the same time. Mirniwa Misse It has potential liability exposure anywhere the site can be accessed and cause a legal issue. 19 continct nutral online selling : agreements = there are law support ? Example: E-commerce NIWWUIW /2 veng New standard of diligence regarding where the company is doing business. Mistado Including: business transaction, content on website, statements in dining the Terms of Use regarding jurisdiction, etc. n Global implications of e-commerce will continue to present novel us legal questions that will be litigated. Yosos A national or foreign company may bring lawsuits against an e- business based on alleged legal grievances. Emin armtriwelo 20 Advancement of Artificial Intelligence 21 > find meaning Legal Terms Contract Act Offence act Jurisprudence Erin aganist law - Tort Mirr/Sn: Unlawful Sui Juris Incompetence Mariamwira Punishment Liability Legal person Natural person Litigant rust Defendant jlr Civil Criminal 22 CIVIL VS. CRIMINAL LAW Law may be divided into the following categories. Law cole Orion insuniwnainin - Civil Law System vs. Common Law System - Public Law vs. Private Law - Substantive Law vs.liability offener ~ Procedural C (Adjective) Law Classification process of Law 24 Civil Law System - use law codes The Law codes The law codes gather laws that are utilized in the same category or area of applications together. content parts relate to offences and liability ~ Substantive Law: establishes the rights and obligations that govern the relationship between persons in the societyUr:wiee yuwig ckilling more serious - General law: e.g. Civil and Commercial Law Code Kiminal Code only injured people ~ not but also affect. > - good moral - Specific areas of law e.g. Computer-related, intellectual property Procedural (Adjective) Law: govern the proceedings and regulate how to precede cases, legal procedure to be applied and enforced, particularly in a court of law. 25 Juristic Acts: General Provisions The Civil and Commercial Law Code of Thailand to come not forca agree un not against the lnw , Section 149: Juristic Acts are lawful and voluntary acts, the immediate purpose of which is to establish juristic relations, between persons to create, modify, transfer, preserve or extinguish rights. (contact contral ↓ agreements centr right juristic relation cavie = O juristic act O , · voistic relation contract S C ↓ & * M. - lawful - voluntary Ex renting contract party party. : 2 went night went fee 26 pay to receive Juristic Acts: General Provisions The Civil and Commercial Law Code of Thailand Immediate 1 make , I receive Section 168: A declaration of intention made to a person in his presence takes effect from the time when it becomes known to receiver of the intention. ② This also applies to the declaration of intention made by one person to the other through telephone, other communication devices or other means through which similar communication can be made. 5 A house friend with B B writ to house from A Bottes mil to A ex. own , buy 17 - indicate what intend take effect when the receives of intration knows person a - 27 A house friend with B B writ to house from A Bottes mil to A ex. own , buy 17 But A is in Chiang mai -. ex odivg A injuod person committing - person wrongful a act 30 Legal Maxims nullum crimen nulla poena sine lege no crime, no punishment without law law this is not criminal offense not saying no - time 31 Application of Criminal Law that this have law The Criminal Code of Thailand saying is anoffence Section 2: A person shall be criminally punished only when the act done by such person is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law If, according to the law as provided afterwards, such act is no more an offence, the person doing such act shall be relieved from being an offender; and, if there is a final judgment inflicting the punishment, such person shall be deemed as not having ever been convicted by the judgment for committing such offence. If however, such person is still undergoing the punishment, the punishment shall forthwith terminate. 32 Criminal Liability Internal component for every ↑ criminal offence generally The Criminal Code of Thailand unless otherwise stated exceptions Section 59: (Paragraph 1) A person shall be criminally liable only when such person commits an act intentionally, except in case of the law - provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable when though such person commits an act unintentionally. 33

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