Data privacy law and the Internet: policy challenges

Author(s):  
Lee A. Bygrave
Author(s):  
Dan Jerker B. Svantesson

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.


2015 ◽  
Vol 9 (1) ◽  
pp. 129-153
Author(s):  
Dan Svantesson

In this article I will address a somewhat eclectic selection of data privacy topics that I think are of particular significance, including:Some international developments in the data privacy law area;Extraterritoriality issues including the ‘jurisdictional lasagne’;The recently decided Court of Justice of the European Union (CJEU) case on the so-called ‘right to be forgotten’;‘Big Data’ and the Internet of Things; andThe concept of ‘consent’.


Author(s):  
Leah Plunkett ◽  
Urs Gasser ◽  
Sandra Cortesi

New types of digital technologies and new ways of using them are heavily impacting young people’s learning environments and creating intense pressure points on the “pre-digital” framework of student privacy. This chapter offers a high-level mapping of the federal legal landscape in the United States created by the “big three” federal privacy statutes—the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and the Protection of Pupil Rights Amendment (PPRA)—in the context of student privacy and the ongoing digital transformation of formal learning environments (“schools”). Fissures are emerging around key student privacy issues such as: what are the key data privacy risk factors as digital technologies are adopted in learning environments; which decision makers are best positioned to determine whether, when, why, and with whom students’ data should be shared outside the school environment; what types of data may be unregulated by privacy law and what additional safeguards might be required; and what role privacy law and ethics serve as we seek to bolster related values, such as equity, agency, and autonomy, to support youth and their pathways. These and similar intersections at which the current federal legal framework is ambiguous or inadequate pose challenges for key stakeholders. This chapter proposes that a “blended” governance approach, which draws from technology-based, market-based, and human-centered privacy protection and empowerment mechanisms and seeks to bolster legal safeguards that need to be strengthen in parallel, offers an essential toolkit to find creative, nimble, and effective multistakeholder solutions.


2016 ◽  
Vol 13 (1) ◽  
pp. 204-211
Author(s):  
Baghdad Science Journal

The internet is a basic source of information for many specialities and uses. Such information includes sensitive data whose retrieval has been one of the basic functions of the internet. In order to protect the information from falling into the hands of an intruder, a VPN has been established. Through VPN, data privacy and security can be provided. Two main technologies of VPN are to be discussed; IPSec and Open VPN. The complexity of IPSec makes the OpenVPN the best due to the latter’s portability and flexibility to use in many operating systems. In the LAN, VPN can be implemented through Open VPN to establish a double privacy layer(privacy inside privacy). The specific subnet will be used in this paper. The key and certificate will be generated by the server. An authentication and key exchange will be based on standard protocol SSL/TLS. Various operating systems from open source and windows will be used. Each operating system uses a different hardware specification. Tools such as tcpdump and jperf will be used to verify and measure the connectivity and performance. OpenVPN in the LAN is based on the type of operating system, portability and straightforward implementation. The bandwidth which is captured in this experiment is influenced by the operating system rather than the memory and capacity of the hard disk. Relationship and interoperability between each peer and server will be discussed. At the same time privacy for the user in the LAN can be introduced with a minimum specification.


Author(s):  
Claire A. Simmers ◽  
Adam Bosnian

The increased reliance on the Internet exposes organizations to a number of legal, financial, and operational risks through inappropriate workplace information technology (IT) behaviors. This article explores these IT workplace behaviors and how Web and e-mail usage can be effectively aligned with business priorities while allowing for some personal use. The development of alignment is explored through the discussion of eight organizations, six small/mid-sized and two large. The organizational responses converged in policies and processes for controlling actual or potentially detrimental IT workplace behaviors, thus reducing the risks. Alignment is achieved through Internet policy management (IPM), which integrates an enterprise-wide written Internet usage policy (IUP), effective communication of the IUP and enforcement through Web and e-mail content monitoring/filtering software.


Sign in / Sign up

Export Citation Format

Share Document