Issue-Management: Begriff und Idee des „Issue-Managements“ (German Edition)
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It is possible to fill out an online report form under www. That is due to the fact, that even though the CDA is no longer applicable, it is still a crime to publish obscenities, or child pornography on the internet according to general criminal law. It works to combat child pornography and child predators online. In order to do so, undercover identities are used to contact potential suspects and find out who they are. In addition to those activities some of the Internet-Providers regulate contents, too.
The Provider ClearSail for example offers its customers a cleaner and safer Internet experience. Those are for example pages that contain pornography, hate, bomb making, gambling, hacking, suicide and other contents that are considered dangerous. In the United States the legislator did not succeed in creating an act specifically designed for the regulation of Internet contents which also meets the constitutional requirements. There are basically two reasons for that. First of all, in the United States there are different organizations which stand up and fight for liberalism and free speech especially on the Internet.
Those Internet-Liberty groups have a rather high influence in the United States. Second, the freedom of speech is indispensable for the American understanding of a representative democracy and therefore has an extremely high value in American constitutional law. However, even though there may not be a specific Act concerning contents on the Internet, that does not mean that the Internet is not regulated at all. As shown-above, the general criminal law can also be applied to contents on the Internet.
The FBI is investigating such contents. Plus, some of the American Internet Providers do regulate contents as well. In Germany, soon after the discussion in the United States had started, people became aware of the need to regulate contents on the Internet in some way. Similar to the American situation there were different approaches in order to do so. Also similar to the American approach, the German legislator passed new laws concerning Internet contents.
Therefore all legislative action concerning communication has to be compatible with the requirements in art. There shall be no censorship according to art. In one of its early decisions the Federal Constitutional Court Bundesverfassungsgericht, BVerfG pointed out that the freedom of media is not merely a subjective right, but also an objective guarantee. However, according to art. In order to be considered a general law the provision may not prohibit a specific opinion content neutrality and at the same time the law has to serve a purpose that has a higher rank of importance than the freedom of opinion itself.
The restrictions laid down in art. In addition to the national constitutional context, Internet regulation also has to be compatible with art. Two laws concerning the regulation of the Internet and the liability for Internet contents have been enacted. Since Germany is a federal republic, legislative power is shared between the states and the federation. As long as the constitution does not provide a special competence for the federation, the states have the legislative competence, art.
The federal state prayed in aid its exclusive legislative competence for telecommunication in art. According to that, the states have the legislative power for services addressed to the general public, while the federal state has the legislative power for those services that would be considered individual communication. The result of the compromise is that there is a law at federal level as well as a law on at state level. According to that, Tele Services are all information and communication services for individual use of combinable data.
Characteristic for Tele Services is therefore the individual use and the need to ask for the service. The TDG contains specific liability rules in art. For example according to art.
The Treaty, just like the TDG, contains a definition of the services it is supposed to apply to. There are rules about the liability of media service providers in art. The liability rules in art. According to that, services are for example illegal if there is a violation of criminal law art. Obviously the two terms Tele Service and Media Service cannot be kept apart easily. A homepage is usually intended to be received by the general public Media Service. However, it needs to be asked for and does take some interaction to view the page Tele Service. Therefore, in order to separate the two services, the content of the service is always decisive.
The German Criminal Code StGB is a general law in that sense and does include a number of articles concerning specific contents. According to that, data storage media shall be an equivalent of writings in those provisions that refer to art. Due to that change of art. The covered contents are the incitement of hatred against segments of the population or a national, racial or religious group, or one characterized by its folk customs.
Other actions listed in art.
Register or log in. Internet sources with data and time of accession. Another important, if not the most important penal provision concerning contents on the Internet is art. Peace and Conflict Studies, Security. Types of communication systems Communication systems may be divided into four different types, as the definition and their evolution already implies.
However, in order to meet the constitutional requirements art. Due to that reference art. Another important penal provision that refers to art. It covers writings, which describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which violates human dignity. The required acts are the same as in art.
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Even though the terms used in art. There is also a legal discussion whether art. Another important, if not the most important penal provision concerning contents on the Internet is art. There are a lot of other acts listed in art. However, as far as Internet communication is concerned, making the content accessible to a person under eighteen years of age art. The term pornographic is quite problematic, especially considering the void for vagueness doctrine.
Hard Pornography is defined in art. There are a number of other penal provisions that apply to Internet Contents. For example the Instruction for Crimes in art. The fact that the Internet is an international resource leads to the important question under which circumstances the German Penal Code can be applied to Internet Contents. It is a matter of controversy whether in cases of so called abstract endangerment offences like the above-mentioned art. The potential to disturb the public peace is a result within the meaning of art.
Another law that allows the regulation of contents on the Internet is the Act concerning the dissemination of writings and media contents that are harmful to minors GjSM.
- ?
- True Illusions;
- Epigrams by Ambrose Bierce!
- De Profundis (Spanish Edition)!
- Your Health is Your Choice;
If a writing or another presentation is recorded in the list, the restrictions of art. Considering Internet contents, the probably most important restriction is the prohibition of making such listed writings accessible to a child or juvenile, art. Again the void of vagueness doctrine appears to be violated by the terms used in the act.
It seems hard to define, under which circumstances a writing is suitable to put children or juveniles in a moral danger. However, the Federal Constitutional Court pointed out that it is not possible to use a more precise and accurate term. Subject to the restrictions laid down in art. In those cases the restrictions of art.
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The Federal Constitutional Court pointed out that even such presentations art. Board of Public Instruction, U. This means that without information no communication takes place and without communication no information can be exchanged. Norbert Szyperski, a German professor, states that communication and information have a Siamese twin character [7, p. A very popular communication model was developed by Claude E.
Shannon and Warren Weaver. Originally this model was created in for optimal communication in military, but was later used for scientific explanation of interpersonal communication. The model shown below in figure 2. The aim of Shannon and Weaver was a free of loss data transaction via electronic channels. This means that data signals are split from background noise and it is being tried to recognize errors which appear during the transmission and to correct them. The following example of a telephone call shows how communication scientists understand this model.
The message of the information source is encrypted into impulses and transmitted via the telephone cable to its destination.
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There it is decrypted into language when it leaves the telephone receiver and then the message reaches its destination. The noise, which can interfere or disturb the communication, can have various appearances like for example a bad telephone connection or different languages or cultural backgrounds between source and destination. A great importance for communication and its understanding has not only the noise which can appear, but also the transmitted message itself, like the model of the communication cube in figure 2.
These levels are the content of the message, the self-revelation I-message , the relation between the transmitter and the receiver you-message and we-message and the appeal what the transmitter wants the receiver to do. Often not all four levels are considered by both the transmitter and the receiver, which leads to misunderstandings and misinterpretations.
Watzlawick states that it is not possible not to communicate Communication can be classified in various ways. Therefore the following list can just be considered as a collection of examples, which have in my own opinion high relevance for the topic of this work. One method is the breakdown of communication into vertical asymmetric and horizontal symmetric one.
This means that the communication takes places between elements which are either not on the same hierarchical level asymmetric or on the same hierarchical level. Communication can also be classified as verbal or nonverbal. Thereby verbal includes the words, which we say, and nonverbal communication involves gestures, facial expressions, pitch, volume and intonation.
Sometimes nonverbal communication is split up into paraverbal how we say words and nonverbal body language communication. This amount has a significant meaning for the use of technical communication systems, as the possibilities to use nonverbal communication is quite limited depending on the single communication media. The differentiation into small group and large communication has a great influence on the communication need of modern business since small groups interact and communicate in another way than global enterprises.
This will be discussed in detail in the next chapter. The time and position components of communication are features which have become very important factors. Communication may be divided into synchronous and asynchronous communication. Synchronous communication happens at the same place, for example a business talk in the office, or takes place over a long distance, for example a telephone call between Poland and Germany. The opposite one is the asynchronous communication, which is normally connected with a location difference, for example an email which is sent to someone and which is saved on a server until this person picks it up.
Communication through a blackboard in a company is also asynchronous, as employees will read the information when they pass by and not necessarily immediately after the message has been written down on the board. As stated before, communication takes place in form of speech, text, data, graphics, audio and video. These forms can be grouped together into monolog- and dialog-oriented communication modes, as it is visible in figure 2.
Each of these modes has different advantages and disadvantages. A short overview of them is presented in table 2. The knowledge about these advantages and disadvantages is essential as the different communication modes should be used in modern business depending on their designated impact. Communication always takes place between at least two elements, whereby these can be either human beings or machines. The composition of these elements is called communication systems, as the definition of communication system clarifies. A communication system is an artificial, concrete system, consisting of automatic and natural elements and serves communication.
This means that the communication model of Shannon and Weaver, which was presented in the last paragraph, can also be understood as a model for general communication systems. For the application of these systems in modern business the distinction into social and technical communication systems has a very important meaning, but in my work I focus almost only on the technical ones.
Therefore communication systems have not been developed just within the last years, but have been evolving since the invention of computers at an amazing speed. This development can be divided into several steps. With the industrialization in the 18th century planned production and therefore the need of communication increased in the European economy. Marchand and Horton begin their model of paperworkmanagement only with the beginning of the last century. They state that only then was there a real attempt to manage data processing depending on the business differences and law regulations.
The work processes should become faster and more secure, as now, instead of human beings, machines working without errors were to realize simple routine work. The general aim was a quantitative improvement. These implementations of computers or other kinds of office machines were often carried out by specialists in the respective departments.
In this phase the general management of companies did not yet use the communication system for management functions. This development took place mainly on the execution level of companies. Bigger companies started to introduce new information and communication systems at the management level.
This was a consequent development, as the system at this level was aimed at higher management efficiency and at improvement of decisions. Therefore companies started systematically to develop such systems. As companies do not have just interior communication, but they exchange at a high degree information with their environment, involving customers, partners, suppliers as well as the government, the information and communication system started as a final step having a strategic meaning.
At this moment communication and information systems have an essential strategic meaning for companies, as not only the information flow within the company became important, but also the information flow with others. Enterprises remain competitive only if they can manage the communication standards expected by their suppliers and customers. Through the standardization more and more processes became intercompany ones, which resulted for example in the so called supply chain management, which aims on an efficient logistic during the production process of goods.
Development of the information management by Marchand and Horton Source: The fifth step in the evolution of communication systems and information management has already been reached. Therefore Hansen and Neumann state in their overview on the development of business information systems [6, p. This architecture will integrate software from different producers, containing higher standardized services [6, p. Communication systems may be divided into four different types, as the definition and their evolution already implies.
These are people-to-people, people-to-machine, machine-to- people and machine-to-machine communication systems. The differences between these systems are obvious, but still they are strongly connected together. A simple and clear example would be an email which is send to a business partner. The message of the email is communicated between two human beings.
While writing the email a human-computer interaction takes place. When the computer submits the message to the address of the partner a computer-to-computer system is used. In the end the partner reads the message from the monitor, which presents a computer-machine interaction. This example makes clear the strong connections between these four types. This thesis deals only with the application of those two systems in modern business. For the distinction of communication systems different features can be used.
A short overview is presented in table 2. In the beginning of the development of communication systems almost every system was a so called isolated or discrete system, which was not able to exchange data with other systems, as this was also not necessary. With the further evolution the need of information exchange increased. By the introduction of interfaces open communication systems developed and led to the convergence of networks.
These systems can be integrated or built up in a modular way. They both enable the exchange of different media types and therefore support the human communication behaviour in a better way. Communication systems are strongly oriented at business processes, hence they may be workflow or workgroup oriented, as it was already mentioned in paragraph 2. Within the last ten, twenty years economy has changed enormously. One can even say that a kind of revolution took place. This revolution may be compared to the industrial revolution in the 19th century and is now called digital revolution.
The base for this revolution was the development of the microchip, the growing automation of production and the installation of world wide communication nets, like for example the World Wide Web. Especially the Internet had an enormous meaning for the globalization and therefore also for the rapid development of this new form of economy. These characteristics became the most important resources, instead of the former dominating raw materials. Thanks to the digital revolution the way of communication has changed as well.
The following attributes 23 are features which are distinctive for modern businesses:. Due to the change in economy the focus in companies has changed as well. Today modern business has to be process-oriented and integrated, which is expressed by the above mentioned factors. As a company normally consists of several different organizational departments or units, necessary is a communication and information system which enables the different departments to communicate, to co-operate and to co-ordinate multipersonal work processes. These three activities [5, p. Without them data processing or the process of data processing, which stands for the combination of these three activities, would not be possible in the very effective way, as it can be realized through the usage of information and communication systems.
Researches have shown that almost two third of management activities are used in the modern economy for the exchange and transfer of information [5, p. This amount of time for the process of data processing is necessary, because economical and technical processes became more and more difficult, which requests a higher division of labour as employees are more specialised today.
Due to the globalisation companies now act no longer on a national level, but on the international one. For big companies this means that they have subsidiary companies or branches around the globe. However, even small companies can act globally as they reach via the Internet customers beyond national borders. These possibilities for modern business require communication systems which fulfil different needs and requirements for different company types, as the next chapter will clarify. One possibility is the interpretation as electronic trade through the Internet.
It means that different parts like e-commerce, e-procurement or supply chain management, which belong to the main term e-business, can be found in an ideal modern business. The importance of the communication and information system in this ideal company becomes through the model of the e-business once again much more understandable, as the different parts result in a successful company only if communication and information exchange between them is ensured.
Modern businesses are not solely connected to companies which are active in the field of information technology. Today all companies which use modern communication and information systems are counted as modern businesses. These include businesses in all three economic sectors first, second, third , which are active for example in the following fields:.