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Legal Restrictions On Functions Of Search Engines

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuanFull Text:PDF
Abstract/Summary:PDF Full Text Request
Internet search engine technology is a new technology emerged with thedevelopment of internet of recent years. It is used to help Internet users effectivelyfind required information from the voluminous information on the internet. With therapid growth of internet information, search engine has become an essential tool formodern people to obtain information on the Internet. The present research is aiming atcreating a good operating environment for search engines through legal means.Search engine brings us a convenient life; meanwhile, it also brings many socialproblems. The first chapter of present paper will discuss the positive functions ofsearch engine as well as negative effects brought by it.The positive functions of search engine are revealed in many perspectives. First,search engines promote the dissemination of information. Users only need to inputfew keywords in the user interface of the search engine, and results will beimmediately shown on the interface. No other forms of information dissemination canbe as effective as search engine. Second, search engine promotes interpersonalcommunication. Users can communicate ideas and share life beliefs through searchengines, increasing the understanding of each other and pulling the distance of eachother closer. In addition, search engine can also promote the accumulation ofknowledge and social participation. The process of collecting information by Searchengine is also the process of knowledge screening and accumulating. From the“keywords” in the search engine, people can be timely informed about social issues,and they can also actively participate in these.With the development of the functions of search engine, serious social problemsare also getting more intense. Civil infringement cases are increasing year by year.The invasion of privacy and infringement of intellectual property are seriouslyaffecting the operating environment of search engine. The harm to public interests is more severe. The spread of harmful information is accelerated by search engine,which brings serious damage to the public interest.Faced with such serious problems, it is imperative to put further legal restrictionson functions of search engine. In fact, it is reasonable to put legal restrictions onsearch engine. The chapter two of the present paper will discuss the rationality ofputting legal restrictions on search engine.The primary reason of putting restrictions on search engine is the Protection ofprivate legal rights. Suitable restrictions can be put on each link of the functions ofsearch engine. The obligations and responsibilities added to the service provider ofsearch engine can be appropriately increased. The transmission channels ofInformation that can infringe the legal rights of private should be cut. In this way theinfringement will not happen, at least the possibility of the arising of infringementproblems is greatly reduced. With the infringement on legal rights of private greatlyreduced, legal rights of private can be well protected. The rationality of therestrictions is, on the other hand, revealed through the maintenance of social order. ALegitimate procedure is the guarantee of order. If reasonable legal restrictions can bemade on the search engine, then an orderly operating environment of using searchengines will not be far. Finally, the rationality of legal restrictions on search engine isits safeguarding of the unity of rights and obligations. Reasonable obligations are setto service providers of search engine and reasonable legal restrictions are put onfunctions of search engine are the only way to redress the imbalance in rights andobligations, and it is in accord with the principle of the unity of rights and obligations.With serious negative effects brought by the use of search engine and therationality of legal restrictions on search engine, the implementation will follow in thenext part. The third part of the present paper will discuss the principles and methodsof adding legal restrictions on search engine. Putting legal restrictions on searchengine is the demand of balancing interests. Only with reasonable legal restrictions onsearch engine can interests between individuals be balanced and interests betweenindividual and public be balanced. Specific methods to limit search engine areconsidered from four aspects; clear the rights and obligations of service providers ofsearch engine; strengthening technical limitations; improve the legislation on privacy protection; protect the rights of the constitution.The current status of search engine is learned from discovering problems,analyzing problems and solving problems. The importance of putting legalrestrictions on search engine is explained. The legal restrictions on search engine willcontribute to creating a harmonious operating environment for search engine as wellas contribute to the healthy development of the society.
Keywords/Search Tags:Search Engines, Infringement, Social Order, Balancing Interest, Legal Restrictions
PDF Full Text Request
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