Corporate social responsibility as new challenge for the IT industry

Corporate social responsibility (CSR) has become a relevant topic for enterprises offering products and services on a global scale. International organizations provide for guidelines and private associations publish codes of conduct requiring businesses to integrate social, environmental and ethical aspects, human rights as well as consumer concerns into their operations. Not at least the EU is promoting CSR through an Agenda for Action 2011–14. The implementation of CSR is a multidimensional ethical process and gains particular importance for the IT industry which by its nature is global. Therefore, IT enterprises are invited to conduct a CSR assessment, to develop a CSR strategy and to implement CSR commitments. These tasks are to be done by introducing specific CSR processes and compliance measures for risk assessment and risk mitigation.     

The Cyprus and other EU court rulings on data retention: The Directive as a privacy bomb

This paper discusses the controversy surrounding the Data Retention Directive with an emphasis on the 2011 decision of the Cyprus Supreme Court which has annulled several district court orders that allowed the police access to telecommunications data relating to certain persons relevant to criminal investigations. The annulment has been on the ground that the legal provisions upon which the orders have been issued are unconstitutional. It will suggest that the decision does not entail a direct rejection of the EU Data Retention Directive and that in any event, Cyprus is not a Member State resisting the particular measure. This is because the legal provisions are deemed unconstitutional, though part of the law that has transposed the relevant Directive into national law are provisions that go beyond what the EU legislator intended to regulate through that Directive. Still, the particular Directive sits rather uneasily within the ‘human rights’ regime, in particular the one governing the individual right of privacy.     

Data protection in cloud computing – The Swedish perspective

This article describes and analyses three recent decisions by the Swedish Data Inspection Board (Datainspektionen) directly focused on cloud computing. All three decisions were published on 28 September 2011 as part of a supervisory project seeking to clarify what demands the Data Protection Act places on organisations utilising cloud computing. As such, and due to the fact that similar concerns arise in the three matters, there is considerable overlap between the three decisions. Indeed, large parts of text are identical in the three decisions. To avoid repetition, I discuss the first decision in most detail, and limit the discussion of overlapping issues in the context of the other two decisions.     

High road in regulating online child pornography in South Africa

Online child pornography is a repulsive reality which cannot be ignored; the biggest child pornography manufacturing ring in South African history was cracked with the arrest of eight family members. There are more than 116 000 Internet searches daily for child pornography. Pornography is no longer confined to consenting adults, children are not only being exposed to pornographic material but are increasingly being used as victims of child pornography. In South Africa, the Internet and Cell phone Pornography Bill tabled in 2010 aims to make it illegal for Internet and mobile phone service providers to distribute pornography or permit it to be distributed. The objective of the Bill is to protect children from child pornography and women from the indignity of being seen as objects of pornography. This paper takes as its focal point the continuing crisis which centres on the conceptual framework, the existing legislation regulating online child pornography and measures to curb infringement.     

Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

Unmanned aircraft systems: Surveillance,ethics and privacy in civil applications

This paper examines how the use of unmanned aircraft systems (UASs) for surveillance in civil applications impacts upon privacy and other civil liberties. It argues that, despite the heterogeneity of these systems, the same “usual suspects” – the poor, people of colour and anti-government protesters – are targeted by UAS deployments. It discusses how current privacy-related legislation in the US, UK and European Union might apply to UASs. We find that current regulatory mechanisms do not adequately address privacy and civil liberties concerns because UASs are complex, multimodal surveillance systems that integrate a range of technologies and capabilities. The paper argues for a combination of top-down, legislated requirements and bottom-up impact assessments to adequately address privacy and civil liberties.     

Can Europe Fill the Void in U.S. Military Leadership?

This article lays out the case for why Washington's European allies are incapable, both now and in the foreseeable future, of replacing American military leadership. Despite recent substantial force contributions in Iraq and Afghanistan and small-scale interventions in Africa, European military capabilities are limited, declining, and unlikely to rebound, regardless of whether the United States is in strategic retreat. As a result, the United States faces a bleak choice: not whether to trade American global leadership for an equally benevolent European world order, but whether to give up its mantle of leadership and thereby create a void that may be filled by unfriendly, if not overtly hostile, actors.     

Agricola: A Man for Our Times

Gnaeus Julius Agricola (40-93 AD) is a man for our times. Facing the capriciousness of imperial power, he, a successful provincial Roman governor, chose to withdraw from public administration. Yet, by protecting his family, Agricola did not shirk politics. On the contrary, he retreated to the founding cell of any polity, the family, which buttresses and at the same time limits the state. By doing so, Agricola reached greatness despite living under bad emperors.     

International Convention for the Peaceful Use of Cyberspace

Cyber weapons now are an extension of state power. In hopes of gaining a strategic advantage, many countries including the United States, Russia and China are developing offensive cyber capabilities to disrupt political, economic, and social institutions in competitor nations. These activities have led to a cyber arms race that is spiraling out of control. This imminent global threat challenges the international community to be proactive. The purpose of this article is to propose an international convention to throttle the development, proliferation and use of cyber weapons before they cause electronic Armageddon. We begin by examining three successful efforts in arms control and use the lessons learned to draft a convention that can serve as a starting point for formal multilateral negotiations.     

The Pivot in Perspective: American Naval Power,Then and Now

The article examines the reorientation of the defense policy of the United States, initiated during the Bush and Obama Administrations, toward giving increased priority to the Asia Pacific region. It begins with the historical perspective of the development of American naval power in the twentieth century. The world wars, in which Europe represented the primary theater of conflict, had the effect of shifting a greater share of American military assets toward the Euro-Atlantic theatre, while the onset of the Cold War after 1945 required the United States to develop a navy of truly global strategic reach in which Atlantic and Pacific commitments were kept in balance. With the diminished concern for European security since the end of the Cold War and the emergence of the People's Republic of China as a strategic competitor in the Asia Pacific region, the United States is required in an age of defense austerity to refocus attention again to the Pacific.