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Full-Text Articles in Law
Privacy Inalienability And The Regulation Of Spyware, Paul M. Schwartz
Privacy Inalienability And The Regulation Of Spyware, Paul M. Schwartz
Paul M. Schwartz
No abstract provided.
"Do-Not-Track" As Contract, Joshua A.T. Fairfield
"Do-Not-Track" As Contract, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Support for enforcement of a do-not-track option in browsers has been gathering steam. Such an option presents a simple method for consumers to protect their privacy. The problem is how to enforce this choice. The Federal Trade Commission (FTC) could enforce a do-not-track option in a consumer browser under its section 5 powers. The FTC, however, currently appears to lack the political will to do so. Moreover, the FTC cannot follow the model of its successful do-not-call list since the majority of Internet service providers (ISPs) assign Internet addresses dynamically — telephone numbers do not change, whereas Internet protocol (IP) …
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
Navigating Through The Fog Of Cloud Computing Contracts, T. Noble Foster
T. Noble Foster
This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …
Do-Not-Track As Default, Joshua A.T. Fairfield
Do-Not-Track As Default, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between consumers and advertisers in the information market. Everything will depend on implementation. The most effective way to allow users to achieve their privacy preferences is to implement Do-Not-Track as a default feature. The World Wide Web Consortium’s (W3C) standard setting body for Do-Not-Track has, however, endorsed a corrosive standard in its Tracking Preferences Expression (TPE) draft. This standard requires consumers to set their privacy preference by hand. This …
Cracks In The Foundation: The New Internet Regulation's Hidden Threat To Privacy And Commerce, Joshua A.T. Fairfield
Cracks In The Foundation: The New Internet Regulation's Hidden Threat To Privacy And Commerce, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations. A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …
American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson
American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson
Stephen E Henderson