Towards an International Regime of Regulating Electronic Communications

Author(s):  
Olga Batura
2002 ◽  
Vol 30 (3) ◽  
pp. 466-474

In In re Pharmatrak, Inc. Privacy Litigation, website users brought suit claiming that major pharmaceutical corporations and a web monitoring company violated three federal statutes protecting electronic communications and data by collecting web traffic data and personal information about website users. On August 13,2002, the District Court of Massachusetts dismissed these allegations, holding that the defendants were parties to the communications and thus exempted under the statutory language.The court also found that plaintiffs had not suffered an amount of damages required to sustain private action.


2018 ◽  
Vol 19 (2) ◽  
pp. 19-23
Author(s):  
Brian Rubin ◽  
Adam Pollet

Purpose The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond. Design/methodology/approach The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues. Findings In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value This paper provides expert analysis and guidance from experienced securities enforcement lawyers.


1993 ◽  
Vol 2 (2) ◽  
pp. 161-177 ◽  
Author(s):  
Ved P. Nanda

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families reflects a compromise between guaranteeing migrants international human rights and acknowledging state sovereignty. Notwithstanding a laudable attempt to provide in the Convention a comprehensive international regime for the protection of the migrant workers, the Convention is not an unmixed blessing. To illustrate, while the Convention creates new rights, it also limits some rights migrant workers already had under existing international human rights instruments. Also, the Convention's terminology and language suffer from ambiguities and are likely to cause uncertainty due to varying interpretations.


2020 ◽  
Vol 13 (1) ◽  
pp. 291
Author(s):  
Masike Malatji ◽  
Annlizé L. Marnewick ◽  
Suné von Solms

The water and wastewater sector is an important lifeline upon which other economic sectors depend. Securing the sector’s critical infrastructure is therefore important for any country’s economy. Like many other nations, South Africa has an overarching national cybersecurity strategy aimed at addressing cyber terrorism, cybercriminal activities, cyber vandalism, and cyber sabotage. The aim of this study is to contextualise the water and wastewater sector’s cybersecurity responsibilities within the national cybersecurity legislative and policy environment. This is achieved by conducting a detailed analysis of the international, national and sector cybersecurity stakeholders; legislation and policies; and challenges pertaining to the protection of the water and wastewater sector. The study found some concerning challenges and improvement gaps regarding the complex manner in which the national government is implementing the cybersecurity strategy. The study also found that, along with the National Cybersecurity Policy Framework (the national cybersecurity strategy of South Africa), the Electronic Communications and Transactions Act, Critical Infrastructure Protection Act, and other supporting legislation and policies make provision for the water and wastewater sector’s computer security incidents response team to be established without the need to propose any new laws or amend existing ones. This is conducive for the immediate development of the sector-specific cybersecurity governance framework and resilience strategy to protect the water and wastewater assets.


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