Generation C: Childhood, Code, and Creativity

The article presents information on the impact of technology on children and the inability of law in addressing the resulting challenges. The need of controlling the digital space, the tensions related to unsustainability of data privacy, information security and free speech is discussed. The digital commercialization, childhood privacy and entrepreneurship in adulthood are also discussed

CYBER!

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal security. Reciprocal security reframes information security law and policy as part of broader security policy, focusing on two key elements: security vigilance infrastructure and defense primacy. The Article concludes by briefly introducing five sets of concrete legal and policy proposals embodying the new reciprocal security paradigm

Resilience: Building Better Users and Fair Trade Practices in Information

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania\u27s Center for Technology Innovation and Competition on May 6-7, 2010. In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in terms of the structure of technology systems themselves; but, the resilience of the human users of these systems-though equally if not more important to their functioning-has been neglected. The goal of fostering user resilience should be explicitly included in the discourse on technology policy with respect to data privacy and information security; a base of resilient users is an essential building block for the long run of a trusted marketplace in information technology products. Contract law reflects a long standing consideration of resilience concerns and offers promising avenues for building better users