Digital Commons Network^™

De Rechtsstaat In Cyberspace?, Mireille Hildebrandt

Mireille Hildebrandt

Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line)’. Deze …

Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.

Jared A. Harshbarger

Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.

10th Annual Conference On Recent Developments In Intellectual Property Law & Policy, Marc Greenberg, William T. Gallagher, Chester Chuang

Intellectual Property Law

Welcome to the 10 Annual Conference on Recent Developments in Intellectual Property Law andPolicy, presented by the Intellectual Property Law Center of Golden Gate University School of Law.

Precaution And Privacy Impact Assessment As Modes Towards Risk Governance, David Wright, RaphaëL Gellert, Serge Gutwirth, Michael Friedewald

Michael Friedewald

No abstract provided.

The Boundaries Of Privacy Harm, M. Ryan Calo

Indiana Law Journal

Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and characteristics. This Essay describes privacy harm as falling into two related categories. The subjective category of privacy harm is the perception of unwanted observation. This category describes unwelcome mental states—anxiety, embarrassment, fear—that stem from the belief that one is being watched or monitored. Examples of subjective privacy harms include everything from a landlord eavesdropping on his tenants to generalized government surveillance.

The objective category of privacy harm is the unanticipated or coerced use of information concerning a person against …

Short Paper: The Netsani Framework For Analysis And Fine-Tuning Of Network Trace Sanitization, Phil Fazio, Keren Tan, Jihwang Yeo, David Kotz

Dartmouth Scholarship

Anonymization is critical prior to sharing wireless-network traces within the research community, to protect both personal and organizational sensitive information from disclosure. One difficulty in anonymization, or more generally, sanitization, is that users lack information about the quality of a sanitization result, such as how much privacy risk a sanitized trace may expose, and how much research utility the sanitized trace may retain. We propose a framework, NetSANI, that allows users to analyze and control the privacy/utility tradeoff in network sanitization. NetSANI can accommodate most of the currently available privacy and utility metrics for network trace sanitization. This framework provides …

Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas

Panagiotis Kitsos

It is widely aknowledged that we are entering in an era of revolutionary changes in the field of Information and Communication Technologies . The spread of broadband internet connections has led internet to function not only as a communications network but also as a platform for new computing applications. The most recent application is the so called "cloud computing", which permits the running of software applications or the storage of data to be performed at remote servers which are connected to our computers through the Internet. Examples of these applications are the web-based email services, online computer back up, data …

¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo

University of Miami International and Comparative Law Review

This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …

Cloud Computing: Architectural And Policy Implications, Christopher S. Yoo

All Faculty Scholarship

Cloud computing has emerged as perhaps the hottest development in information technology. Despite all of the attention that it has garnered, existing analyses focus almost exclusively on the issues that surround data privacy without exploring cloud computing’s architectural and policy implications. This article offers an initial exploratory analysis in that direction. It begins by introducing key cloud computing concepts, such as service-oriented architectures, thin clients, and virtualization, and discusses the leading delivery models and deployment strategies that are being pursued by cloud computing providers. It next analyzes the economics of cloud computing in terms of reducing costs, transforming capital expenditures …

How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg

Michigan Law Review First Impressions

United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …

¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola C. Menaldo

Nicola C. Menaldo

This paper attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile – a history of dictatorship, an information technology revolution, and strong trade with the European Union – its data protection laws are in fact very weak. What explains this apparent disconnect? This paper challenges the conventional wisdom: that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …

Building Trust In Online Customers, George M. Coles, William J. Smart

George M Coles

Although significant progress has been made towards securing the Internet environment, many consumers remain reluctant to participate in making on-line purchases. Cyber- crime continues to have a negative influence upon the uptake and acceptance of E-Commerce by consumers. As a result commercial website operators are faced with the problem of overcoming user distrust in their systems. The main argument put forward in this study is that a consumer’s trust depends more upon traditional marketing strategies than it does upon their beliefs in the security of on-line systems. In many cases these issues have been overlooked by web developers and vendors …

A Functional Approach To Social Networking Sites, Erin M. Bryant, Jennifer Marmo, Artemio Ramirez Jr.

Human Communication and Theatre Faculty Research

The widespread use of social networking websites (SNSs) is one of the most groundbreaking communication trends to emerge in recent years. Since its creation in 2004, sites such as Facebook have become immensely popular among college students. Many SNSs continue to experience exponential growth. Facebook, for example, reached 100 million active users in August 2008 and proceeded to quadruple this membership base to surpass 400 million active users by July 2010 (Facebook.com). In addition to maintaining astronomically high membership rates, SNSs also appear to be part of user's daily schedules. In one study assessing Facebook use, Ellison, Heino, and Gibbs …

Website Design As Contract, Woodrow Hartzog

Faculty Scholarship

Few website users actually read or rely upon terms of use or privacy policies. Yet users regularly take advantage of and rely upon website design features like privacy settings. To reconcile the disparity between boilerplate legalese and website design, this article develops a theory of website design as contract. The ability to choose privacy settings, un-tag photos, and delete information is part of the negotiation between websites and users regarding their privacy. Yet courts invariably recognize only the boilerplate terms when analyzing online agreements. In this article, I propose that if significant website features are incorporated into the terms of …

The Fourth Amendment And Cyberspace: Conflict Or Cohesion?, Federico Alberto Cantón

Dissertations and Theses

The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were examined and their reasoning was compared to that of cases involving the internet and the Fourth Amendment. The results indicated that contrary to some fears that the internet would require a different approach with respect to the law it actually did not present many novel barriers to its application. The principle conclusion …

Privacy-Preserving Pki Design Based On Group Signature, Sokjoon Lee, Hyeok Chan Kwon, Dong-Il Seo

Australian Information Security Management Conference

Nowadays, Internet becomes a part of our life. We can make use of numerous services with personal computer, Lap-top, tablet, smart phone or smart TV. These devices with network make us enjoy ubiquitous computing life. Sometimes, on-line services request us authentication or identification for access control and authorization, and PKI technology is widely used because of its security. However the possibility of privacy invasion will increase, if We’re identified with same certificate in many services and these identification data are accumulated. For privacy-preserving authentication or anonymous authentication, there have been many researches such as Group signatures, anonymous credentials, etc. Among …

Unraveling Privacy: The Personal Prospectus And The Threat Of A Full-Disclosure Future, Scott R. Peppet

Publications

Information technologies are reducing the costs of credible signaling, just as they have reduced the costs of data mining and economic sorting. The burgeoning informational privacy field has ignored this evolution, leaving it unprepared to deal with the consequences of these new signaling mechanisms. In an economy with robust signaling, those with valuable credentials, clean medical records, and impressive credit scores will want to disclose those traits to receive preferential economic treatment. Others may then find that they must also disclose private information to avoid the negative inferences attached to staying silent. This unraveling effect creates new types of privacy …

There's An App For That: The Ways Young Adults Access Digital Information, Cydney Lauren Palmer

LSU Master's Theses

Despite the popular use of smartphones and mobile applications (apps) and their potential impacts in the near future, only scant academic attention has been paid to mobile apps, especially in respect to the gratifications sought from accessing digital information via apps. This exploratory study investigated the relationship between young adults and their use of mobile apps in accessing digital information, particularly in comparison to the current go-to digital information access device, Internet browsers. In addition, this study examined how levels of perceived privacy concern influence digital information use and how the use of digital information access modalities and the level …

A Threat Taxonomy For Mhealth Privacy, David Kotz

Dartmouth Scholarship

Networked mobile devices have great potential to enable individuals (and their physicians) to better monitor their health and to manage medical conditions. In this paper, we examine the privacy-related threats to these so-called \emphmHealth\/ technologies. We develop a taxonomy of the privacy-related threats, and discuss some of the technologies that could support privacy-sensitive mHealth systems. We conclude with a brief summary of research challenges.

The Eavesdropping Employer: A Twenty-First Century Framework For Employee Monitoring, Corey A. Ciocchetti

Corey A Ciocchetti

The twenty-first century continues to usher in new and increasingly-powerful technology. This technology is both a blessing and a curse in the employment arena. Sophisticated monitoring software and hardware allow businesses to conduct basic business transactions, avoid liability, conduct investigations and, ultimately, achieve success in a competitive global environment. Employees can also benefit when monitoring provides immediate feedback, keeps the workforce efficient and focused and discourages unethical/illegal behavior. The same technology, however, allows employers to monitor every detail of their employees’ actions, communications and whereabouts both inside and outside the workplace. As more and more employers conduct some form of …