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141.
This article analyses digital identity as an emergent legal concept in the United States of America, as a consequence of the move to place all federal government services on-line. The features and functions of digital identity and its legal nature are examined, and the consequences are considered. 相似文献
142.
New technologies permit online businesses to reduce expenses and increase efficiency by, for example, storing information in “the cloud”, engaging in online tracking and targeted advertising, location and tracking technologies, and biometrics. However, the potential for technology to facilitate long term retention of customers' personal information raises concerns about the competing right of individuals to the privacy of their personal information. Although the European Commission has recently released a proposal for regulation to “provide a data subject with the right to be forgotten and to erasure”, neither the OECD Privacy Guidelines nor the APEC Privacy Framework includes any requirement to delete personal information. While New Zealand includes a “limited retention principle” in the Privacy Act 1993, apart from one limited exception the privacy principles cannot be enforced in court. Taking New Zealand privacy law as an example, this paper examines the issue of retention of customer data, explains why this is a serious problem and argues that although it could be addressed by appropriate amendments to domestic laws, domestic privacy legislation may not be sufficient in an online environment. In the same way as other areas of law, such as the intellectual property regime, have turned to global regulatory standards which reflect the international nature of their subject matter, international privacy regulation should be the next stage for the information privacy regime. 相似文献
143.
In this contribution, the authors explore the differences and interplays between the rights to privacy and data protection. They describe the two rights and come to the conclusion that they differ both formally and substantially, though overlaps are not to be excluded. Given these different yet not mutually exclusive scopes they then apply the rights to three case-studies (body-scanners, human enhancement technologies, genome sequencing), highlighting in each case potential legal differences concerning the scope of the rights, the role of consent, and the meaning of the proportionality test. Finally, and on the basis of these cases, the authors propose paths for articulating the two rights using the qualitative and quantitative thresholds of the two rights, which leads them to rethink the relationship between privacy and data protection, and ultimately, the status of data protection as a fundamental right. 相似文献
144.
Open market share repurchases are strictly regulated to prevent managers from taking advantage of selling shareholders. We examine compliance with these rules in France, where the mandatory disclosure of share repurchases provides detailed information on repurchases actually undertaken. Using a database containing 36,848 repurchases made by 352 French firms over the period 2000–2002, we show that very few firms fully comply with the regulations for all their buybacks. We document that illegal repurchases before earnings announcements are the most detrimental to selling shareholders. 相似文献
145.
Alex JenkinsAuthor Vitae 《Computer Law & Security Report》2009,25(3):280-284
The Bermudian Supreme Court (at first instance) recently ruled in Bermuda Restaurants Limited (t/a “Chopsticks”) v. Jonathan Daspin and ConvergEx Global Markets Ltd. (Civil Jurisdiction 2008: No. 134 (to be reported)) on the issue of whether an employer (here, a company) should be held liable for an allegedly libellous email publication by its employee, the managing director. The Judge was asked by the employer company to determine two issues of law which exposed the company and which centred on its vicarious liability for its employee's actions, including whether the use of the company's email system, during working hours, made it complicit in the publication. The Court held, applying principles of English and Canadian law, that the company was not vicariously liable and by extension that it was not the email's publisher. 相似文献
146.
Harry SmallAuthor VitaeMichael DizonAuthor Vitae Tabeebah MalikAuthor VitaeHelen KemmittAuthor Vitae Ben SmithAuthor VitaeAlison ChinAuthor Vitae Olufemi Duduyemi ofAuthor Vitae 《Computer Law & Security Report》2009,25(2):189-193
This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links. 相似文献
147.
Jon BingAuthor Vitae 《Computer Law & Security Report》2009,25(1):89-96
As a contribution to this special issue of CLSR, Jon Bing offers a unique wartime account of one of the earliest attempts to prevent ‘online processing’ of personal data by the occupying authorities for oppressive purposes. 相似文献
149.
Andrew JointAuthor Vitae Edwin Baker Author Vitae 《Computer Law & Security Report》2011,27(4):407-415
This article builds on our previous introductory article to cloud computing ([2009] 25 CLSR 270-274) and seeks to explain how cloud computing has evolved. We then discuss how this evolution impacts on key contractual and legal considerations and how the treatment of these considerations might differ from their treatment in traditional IT supply agreements. 相似文献
150.
Clare Chambers Author Vitae 《Computer Law & Security Report》2011,27(4):377-384
Virtual world economies are undoubtedly increasing in growth, participation and importance. Their macroeconomic impact has already been seen as important in the real world economies; however its governance and jurisdiction is unclear. This paper will argue that virtual economies are not actually as virtual as they first appear to be. Secondly the paper argues that because of the real world effects and impacts virtual world economies can have, they should be applicable to real world jurisdictions and regulations. The question that is therefore posed is in which jurisdiction should the legal backbone be placed? The paper will be divided into several parts. Firstly, a background of what virtual worlds are, and what they mean in linguistic definition. Secondly, a review of law economics and history shall be considered to determine that what is once considered ‘other worldly’ is accepted as the norm. Thirdly, the paper will consider a virtual world economy, namely that of Second Life to establish the real world impacts that virtual world economies can have. Fourthly, the paper will consider two case studies of financial crisis occurring in the virtual worlds and the synergies we can draw from the real world. Finally, the paper will conclude with the proposition that legal governance is required and will enable what is already a lucrative business to flourish further within the realms of possibility and not virtually. 相似文献