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Full-Text Articles in Law
Proprietary Rights In Digital Data, Maureen A. O'Rourke
Proprietary Rights In Digital Data, Maureen A. O'Rourke
Faculty Scholarship
The Clinton Administration in 1993 announced its intention to develop a National ; Information Infrastructure (NII), an "information superhighway" designed to make electronic digital information more widely available and accessible to the public. This announcement has . ~ stimulated a national debate over how best to define and enforce an appropriate set of proprietary rights in digital information. That debate should begin with an analysis and assessment of the current state of the law of digital data. While that law resembles a moving target, general trends may be identified. The current framework provides the background against which NIL may be …
Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg
Setting Standards For Fair Information Practice In The U.S. Private Sector, Joel R. Reidenberg
Faculty Scholarship
The confluence of plans for an Information Superhighway, actual industry self-regulatory practices, and international pressure dictate renewed consideration of standard setting for fair information practices in the U.S. private sector. The legal rules, industry norms, and business practices that regulate the treatment of personal information in the United States are organized in a wide and dispersed manner. This Article analyzes how these standards are established in the U.S. private sector. Part I argues that the U.S. standards derive from the influence of American political philosophy on legal rule making and a preference for dispersed sources of information standards. Part II …