70,445 research outputs found

    Revisiting network neutrality

    Get PDF
    The paper discusses the topical subject of network neutrality, from a US and European legal perspective. The article will begin by first defining network neutrality before addressing the underpinning technology and will then compare the legal approaches adopted by Europe and the US. In Europe, there is an existing electronic communications regulatory framework which can be used to address the network neutrality problem rendering any further legislation unnecessary and perhaps, detrimental to the current framework. In the US, however, the main concern arising is a potential for a 'fragmented' internet, which leads to our conclusion that network neutrality legislation is necessary on multiple levels. The article will conclude that the US' stance on network neutrality legislation will cause a seismic shift in the way we view technology and the way that networks are accessed and utilised

    Privacy in (mobile) telecommunications services

    Get PDF
    Telecommunications services are for long subject to privacy regulations. At stake are traditionally: privacy of the communication and the protection of traffic data. Privacy of the communication is legally founded. Traffic data subsume under the notion of data protection and are central in the discussion. The telecommunications environment is profoundly changing. The traditionally closed markets with closed networks change into an open market with open networks. Within these open networks more privacy sensitive data are generated and have to be exchanged between growing numbers of parties. Also telecommunications and computer networks are rapidly being integrated and thus the distinction between telephony and computing disappears. Traditional telecommunications privacy regulations are revised to cover internet applications. In this paper telecommunications issues are recalled to aid the on-going debate. Cellular mobile phones have recently be introduced. Cellular networks process a particular category of traffic data namely location data, thereby introducing the issue of territorial privacy into the telecommunications domain. Location data are bound to be used for pervasive future services. Designs for future services are discussed and evaluated for their impact on privacy protection.</p

    Secure web application development and global regulation

    Get PDF
    The World Wide Web (WWW) has been predominantly responsible for instigating radical paradigm transformations in today’s global information rich civilizations. Many societies have basic operational economical components that depend on Web enabled systems in order to support daily commercial activities. The acceptance of E-commerce as a valid channel for conducting business coupled with societal integration and dependence on Web enabled technology has instigated the development of local, national, and global efforts to regulate criminal activities on the World Wide Web. This paper makes two contributions. The first contribution is the high-level review of the United States and United Kingdom legislation that has developed from the escalation and integration of the World Wide Web into society. The second contribution is the support for the idea that legislative compatibility, in concert with an organization’s policy compatibility, needs to be acknowledged in secure Web application development methodologies

    Responses to Questions Asked by BIS Ahead of Challenger Business Programme – UAV Workshop, 23/11/15

    Get PDF
    This document is the University of Central Lancashire’s (UCLan) Civic Drone Centre’s responses to the questions asked by the Department for Business, Innovation and Skills (BIS) prior to Challenger Business Programme – Unmanned Aerial Vehicles (UAV) Workshop event to be held on 23 November 2015, 10am-2pm at the BIS Conference Centre1. As a university based research centre we are providing our responses based upon the university’s research, engagement with industry, and through the industrial experience of our staff members

    Catalyzing Privacy Law

    Get PDF
    The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for privacy.Our close comparison of the GDPR and California’s privacy law reveals that the California law is not GDPR-lite: it retains a fundamentally American approach to information privacy. Reviewing the literature on regulatory competition, we argue that California, not Brussels, is catalyzing privacy law across the United States. And what is happening is not a simple story of powerful state actors. It is more accurately characterized as the result of individual networked norm entrepreneurs, influenced and even empowered by data globalization. Our study helps explain the puzzle of why Europe’s data privacy approach failed to spur US legislation for over two decades. Finally, our study answers critical questions of practical interest to individuals—who will protect my privacy?—and to businesses—whose rules should I follow

    Regulating Data as Property: A New Construct for Moving Forward

    Get PDF
    The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership of digital information be achieved? How can those rights be transferred and enforced? Those calls for data ownership emphasize the impact of ownership on the automotive industry and the vast quantities of operational data which smart automobiles and self-driving vehicles will produce. We looked at how, if at all, the issue was being considered in consumer-facing statements addressing the data being collected by their vehicles. To formulate our proposal, we also considered continued advances in scientific research, quantum mechanics, and quantum computing which confirm that information in any digital or electronic medium is, and always has been, physical, tangible matter. Yet, to date, data regulation has sought to adapt legal constructs for “intangible” intellectual property or to express a series of permissions and constraints tied to specific classifications of data (such as personally identifiable information). We examined legal reforms that were recently approved by the United Nations Commission on International Trade Law to enable transactions involving electronic transferable records, as well as prior reforms adopted in the United States Uniform Commercial Code and Federal law to enable similar transactions involving digital records that were, historically, physical assets (such as promissory notes or chattel paper). Finally, we surveyed prior academic scholarship in the U.S. and Europe to determine if the physical attributes of digital data had been previously considered in the vigorous debates on how to regulate personal information or the extent, if at all, that the solutions developed for transferable records had been considered for larger classes of digital assets. Based on the preceding, we propose that regulation of digital information assets, and clear concepts of ownership, can be built on existing legal constructs that have enabled electronic commercial practices. We propose a property rules construct that clearly defines a right to own digital information arises upon creation (whether by keystroke or machine), and suggest when and how that right attaches to specific data though the exercise of technological controls. This construct will enable faster, better adaptations of new rules for the ever-evolving portfolio of data assets being created around the world. This approach will also create more predictable, scalable, and extensible mechanisms for regulating data and is consistent with, and may improve the exercise and enforcement of, rights regarding personal information. We conclude by highlighting existing technologies and their potential to support this construct and begin an inventory of the steps necessary to further proceed with this process

    Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem

    Get PDF
    This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card fraud. Contrary to widespread belief, retailers, not card companies or banks, absorb much of the loss caused by thieves who shop with stolen credit cards. Also, credit card companies and banks earn fees from every credit card transaction, including those that are fraudulent. In addressing these problems, this article advocates broad reforms, including legislation that would mandate data security standards for the industry, empower multiple stakeholders to create the new standards, and offer companies incentives to comply by capping bank fees for those that are compliant, while deregulating fees for those that are not compliant

    Raising the visibility of protected data: A pilot data catalog project

    Get PDF
    Sharing research data that is protected for legal, regulatory, or contractual reasons can be challenging and current mechanisms for doing so may act as barriers to researchers and discourage data sharing. Additionally, the infrastructure commonly used for open data repositories does not easily support responsible sharing of protected data. This chapter presents a case study of an academic university library’s work to configure the existing institutional data repository to function as a data catalog. By engaging in this project, university librarians strive to enhance visibility and access to protected datasets produced at the institution and cultivate a data sharing culture
    • …
    corecore