Information Technology Law

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Digital Rights Management ◽  
Personal Data ◽  
Patent Law ◽  
Digital Products ◽  
Online Fraud ◽  
Security Breaches ◽  
Legal Response ◽  
The Law ◽  
Eighth Edition

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The eighth edition covers major new legislation in this field, including the Investigatory Powers Bill and its proposed impact and scope; the rise in online fraud in the context of the Computer Misuse Act; discussion of personal data in the light of recent high-profile security breaches and new EU directives; new legislation introduced in response to the issue of revenge pornography; updated coverage of patent law, copy protection, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.

Information Technology Law

2020 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Data Protection ◽  
Digital Rights Management ◽  
Digital Products ◽  
General Data Protection Regulation ◽  
Security Breaches ◽  
Legal Response ◽  
Standard Essential Patents ◽  
Ninth Edition ◽  
The Law

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The ninth edition covers major new legislation in this field, including the General Data Protection Regulation and Data Protection Act 2018 l and its impact and scope; especially in the light of recent high-profile security breaches; updated coverage of patent and copyright law including consideration of the role of standard essential patents and standardisation within the IT sector, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.

Voice Biometric : A New Trend to Enhance Security

2017 ◽  
Vol 12 (01) ◽  
Author(s):  
Nupur Gupta
Keyword(s):  
Information Technology ◽  
Information Leakage ◽  
Personal Data ◽  
Primary Concern ◽  
Security Breach ◽  
Security Breaches ◽  
Information Technology Security ◽  
Prime Concern ◽  
Finger Printing ◽  
Voice Biometrics

Security has always been a primary concern whether be it home or office. With the advent of information technology security over the information acquired takes a prime concern. Security breaches are prevailing from technical to business field. Information technology has inundated the business sector and education world and every possible area one can think of. Consider the case of CERT-I n where, Hours ahead of its planned protest against certain incidents of internet censorship in India , hacker collective Anonymous attacked and brought down the website run by Computer Emergency Response Team India (CERT-I n). Amongst the most disastrous information leakage breach was the hacking of data for 1.5 million Master and VISA card users. VISA and MASTER card alerts banks about the security breach at Global Payments. The alert clearly stated that full Track 1 and Track 2 information was taken and could have been abused for counterfeit new cards. This information had been compromised from a period of January 21,2012 to February 25,2012. Yet it was not the company who disclosed the security breach, the security blogger Brian Krebs in security reported the event on 30,March,2012, This pattern is common for all security breaches as the conclusion who are impacted are the last ones to know about it. These threats to business need a stronger mechanism of security to counter them. Biometrics has offered new venues to resolve these issues. Biometrics refers to the physiological or behavioural characteristics of a person to authenticate his/her identity. This Biometrics is the most prominent and promising technique used for authenticating a person’s identity. Voice Biometrics, Finger printing, facial Recognition area few biometrics that are used for security purposes. This paper majorly cover Voice Biometrics. voice biometrics uses the pitch, tone, and rhythm of speech. Background noise, illness, age, and differences in telephones and microphones can cause problems with voice identification and authorization.[Paper: exploration - voice - biometrics_1436] This is mostly used by Banks and Call Centres to authenticate there users. A telephone or microphone is required to proved your identity. Voice Biometrics is mostly adopted by the customers as they find it as a normal telephonic conversation. Remotely any customer from any location can login or use his/her ID. Each person has a unique voice and that can be easily stored in form of bits. So, this provide a better option for the developer or programmers to authenticate their software, databases etc using Voice Biometrics. Number of methods are used to apply these Biometrics. As a first step the new user has to record his/her speech by calling a telephone collection script. Once there is an existent recording the user is allowed to invoke an enrolment form and specify personal data, such as passwords and answers to questions on various topics, as suggested by the server. The answers can be selections from predetermined value lists, e.g. selected cities or colours, or user’s own new keywords. It is also possible to add new questions within the existent topics or dynamically generate these based on contexts or history of previous transactions or other events.

scholarly journals THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS

2018 ◽  
Vol 2 (83) ◽  
pp. 114
Author(s):  
Sergey Svetlov
Keyword(s):  
Information Technology ◽  
Data Processing ◽  
Personal Data ◽  
Clear Definition ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
Administrative Responsibility

With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals. 

scholarly journals Intangible machines: Patent protection for software in the United States

2018 ◽  
Vol 57 (1) ◽  
pp. 18-37
Author(s):  
Brad Sherman
Keyword(s):  
Information Technology ◽  
Subject Matter ◽  
Patent Protection ◽  
The United States ◽  
Patent Law ◽  
Clear Understanding ◽  
Information Technology Industry ◽  
Technology Industry ◽  
The Subject ◽  
The Law

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software patentable?”, what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter.

POLICY AND SYSTEM FOR ENSURING INFORMATION SECURITY IN THE COUNTRIES OF CENTRAL EUROPE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
Keyword(s):  
Information Technology ◽  
European Union ◽  
Information Security ◽  
Cyber Security ◽  
Personal Data ◽  
Freedom Of Information ◽  
The European Union ◽  
Security Strategy ◽  
Information Technology Security ◽  
The Law

The article reveals the conceptual foundations of the policy and system for ensuring information security in the countries of Central Europe, in particular in Germany, Poland, Hungary and Croatia. It was found that Germany, Poland, Hungary and Croatia are member countries of the European Union and NATO, therefore they are subject to the rules and standards of these international organizations. It was established that the main documents and programs for ensuring information security and cybersecurity in the EU and NATO member states are: Document C-M (2002) 49 “Security in the North Atlantic Treaty Organization (NATO)”, the Cybersecurity Concept, formulated based on the results of the Lisbon Summit, the Concept cybersecurity, formulated as a result of the Warsaw Summit, “European Criteria for Information Technology Security”, “Common Criteria for Information Technology Security”, “Network and Information Security: a European Political Approach”, “Safe Internet”, “Towards a Common Policy in the Field of Combating cybercrime”,“Protecting Europe from large-scale cyber attacks and disruption: strengthening preparedness, security and resilience”, Directive 95/46 / EU “On the protection of individuals in the context of the processing of personal data and the free circulation of such data ”. It was determined that in Germany the policy and system for ensuring information security and cybersecurity is based on the Law “On Security Inspection”, the “Act for the Protection of Information in Telecommunications”, the “Act on Freedom of Information”, and the Law “On Strengthening the Security of Information Systems”. It was established that in Poland the policy and system for ensuring information security and cybersecurity is based on the Law “On Mail”, the Law “On Television and Radio Broadcasting”, the Law “On State Relations with the Roman Catholic Church in the Republic of Poland”, the Cybersecurity Strategy of Poland, the Doctrine of Cybersecurity Poland, Poland's Information Security Doctrine. It has been established that in Hungary the policy and system for ensuring information security and cybersecurity is based on the Law “On the Protection of Information about a Person and Access to Information of Public Interest”, the Law “On the Right to Information Self-Determination and Freedom of Information”, the Law “On Processing and Protection medical information and related personal data”, “Act on Electronic Information Security of State and Municipal Bodies”, Hungarian National Security Strategy, Hungarian National Cybersecurity Strategy. It was determined that in Croatia the policy and system for ensuring information security and cyber security is based on the “Information Security Act” and the National Cyber Security Strategy. It has been proved that Ukraine, which has chosen the course of European integration, should be guided by a number of information security strategies identified in the member states of the European Union, in particular in Germany, Poland, Hungary and Croatia.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Pseudo-Restitutionary Damages: Some Thoughts on the Dual Theory of Restitution for Wrongs

2009 ◽  
Vol 22 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Francesco Giglio
Keyword(s):  
The Other ◽  
Corrective Justice ◽  
Dual Theory ◽  
Judicial Decision ◽  
Legal Response ◽  
First Case ◽  
The Law ◽  
Compensatory Damages ◽  
Single Response

Restitution for civil wrongs, also known as restitutionary damages, is a legal response through which the defendant’s wrongful gain is awarded to the claimant. James Edelman has recently advocated two different restitutionary responses for wrongs. One response, termed ‘restitutionary damages’, would aim to compel the wrongdoer to give back to the victim a wrongful gain, whereas the other response, ‘disgorgement damages’, would oblige the wrongdoer to give up a wrongful gain for the benefit of the claimant.In the first case, the claimant would obtain what should have never left his assets. In the second case, the claimant would be the beneficiary of a judicial decision according to which a wrongful gain should not be kept by the wrongdoer. In this essay, I seek to demonstrate that this taxonomy cannot be accepted. I argue that Edelman’s ‘disgorgement damages’ are the only true example of restitution for wrongs, whereas his ’restitutionary damages’ are simply compensatory damages which are quantified in a particular fashion. Edelman’s ‘restitutionary damages’ might appear to deprive the defendant of his gain, and thus to achieve a restitutionary goal. Yet they nullify the victim’s loss and therefore have a compensatory nature. They are ‘pseudo-restitutionary damages’. In opposition to the dual theory, I submit a model of restitutionary damages based upon a single response which is coherent with the tenets of corrective justice. Given that it deals mainly with Edelman’s ‘restitutionary damages’, this article is not so much about restitution for wrongs but rather about compensation, which is what Edelman’s ‘restitutionary damages’ really concerns. The theory which I propose, based upon a single restitutionary response for wrongs, solves the taxonomic incoherence of Edelman’s dual theory. It also reflects the law as we find it, being supportable by reference to the available judicial authorities.

Justice as a Tertiary Prevention Strategy

2017 ◽  
Author(s):  
Leigh Goodmark
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Intimate Partner ◽  
Tertiary Prevention ◽  
Prevention Strategy ◽  
Legal Response ◽  
The Law ◽  
Criminal Legal System

This chapter addresses the question, what is justice, in the context of intimate partner violence (IPV) and examines the use of law and the legal system for the prevention of IPV revictimization (tertiary prevention). The chapter highlights the limitations of the law and criminal legal system for achieving justice for specific groups of IPV survivors, and the potential for this system cause further harm. The chapter considers alternatives to the traditional criminal legal response to IPV to secure justice and safety for IPV survivors.

Sign in / Sign up

Export Citation Format

Share Document