Internet Utopianism and the Practical Inevitability of Law

Writing at the dawn of the digital era, John Perry Barlow proclaimed cyberspace to be a new domain of pure freedom. Addressing the nations of the world, he cautioned that their laws, which were “based on matter,” simply did not speak to conduct in the new virtual realm. As both Barlow and the cyberlaw scholars who took up his call recognized, that was not so much a statement of fact as it was an exercise in deliberate utopianism. But it has proved prescient in a way that they certainly did not intend. The “laws” that increasingly have no meaning in online environments include not only the mandates of market regulators but also the guarantees that supposedly protect the fundamental rights of internet users, including the expressive and associational freedoms whose supremacy Barlow asserted. More generally, in the networked information era, protections for fundamental human rights — both on- and offline — have begun to fail comprehensively. Cyberlaw scholarship in the Barlowian mold isn’t to blame for the worldwide erosion of protections for fundamental rights, but it also hasn’t helped as much as it might have. In this essay, adapted from a forthcoming book on the evolution of legal institutions in the information era, I identify and briefly examine three intersecting flavors of internet utopianism in cyberlegal thought that are worth reexamining. It has become increasingly apparent that functioning legal institutions have indispensable roles to play in protecting and advancing human freedom. It has also become increasingly apparent, however, that the legal institutions we need are different than the ones we have

The insider on the outside: a novel system for the detection of information leakers in social networks

Confidential information is all too easily leaked by naive users posting comments. In this paper we introduce DUIL, a system for Detecting Unintentional Information Leakers. The value of DUIL is in its ability to detect those responsible for information leakage that occurs through comments posted on news articles in a public environment, when those articles have withheld material non-public information. DUIL is comprised of several artefacts, each designed to analyse a different aspect of this challenge: the information, the user(s) who posted the information, and the user(s) who may be involved in the dissemination of information. We present a design science analysis of DUIL as an information system artefact comprised of social, information, and technology artefacts. We demonstrate the performance of DUIL on real data crawled from several Facebook news pages spanning two years of news articles

Literature Overview - Privacy in Online Social Networks

In recent years, Online Social Networks (OSNs) have become an important\ud part of daily life for many. Users build explicit networks to represent their\ud social relationships, either existing or new. Users also often upload and share a plethora of information related to their personal lives. The potential privacy risks of such behavior are often underestimated or ignored. For example, users often disclose personal information to a larger audience than intended. Users may even post information about others without their consent. A lack of experience and awareness in users, as well as proper tools and design of the OSNs, perpetuate the situation. This paper aims to provide insight into such privacy issues and looks at OSNs, their associated privacy risks, and existing research into solutions. The final goal is to help identify the research directions for the Kindred Spirits project

Knowing Your Population: Privacy-Sensitive Mining of Massive Data

Location and mobility patterns of individuals are important to environmental planning, societal resilience, public health, and a host of commercial applications. Mining telecommunication traffic and transactions data for such purposes is controversial, in particular raising issues of privacy. However, our hypothesis is that privacy-sensitive uses are possible and often beneficial enough to warrant considerable research and development efforts. Our work contends that peoples behavior can yield patterns of both significant commercial, and research, value. For such purposes, methods and algorithms for mining telecommunication data to extract commonly used routes and locations, articulated through time-geographical constructs, are described in a case study within the area of transportation planning and analysis. From the outset, these were designed to balance the privacy of subscribers and the added value of mobility patterns derived from their mobile communication traffic and transactions data. Our work directly contrasts the current, commonly held notion that value can only be added to services by directly monitoring the behavior of individuals, such as in current attempts at location-based services. We position our work within relevant legal frameworks for privacy and data protection, and show that our methods comply with such requirements and also follow best-practice

Regulating Data as Property: A New Construct for Moving Forward

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

Critical Management Issues for Implementing RFID in Supply Chain Management

The benefits of radio frequency identification (RFID) technology in the supply chain are fairly compelling. It has the potential to revolutionise the efficiency, accuracy and security of the supply chain with significant impact on overall profitability. A number of companies are actively involved in testing and adopting this technology. It is estimated that the market for RFID products and services will increase significantly in the next few years. Despite this trend, there are major impediments to RFID adoption in supply chain. While RFID systems have been around for several decades, the technology for supply chain management is still emerging. We describe many of the challenges, setbacks and barriers facing RFID implementations in supply chains, discuss the critical issues for management and offer some suggestions. In the process, we take an in-depth look at cost, technology, standards, privacy and security and business process reengineering related issues surrounding RFID technology in supply chains