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Showing papers in "Computer Law & Security Review in 2008"


Journal ArticleDOI
TL;DR: Some of the recent legal developments concerning online child protection, including the new Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, are discussed.

88 citations


Journal ArticleDOI
TL;DR: The 1995 EU Directive on data protection regulates the collection, processing and transfer of personal data within the EU, with the dual goal of enabling the free flow of data while maintaining a high level of protection.

59 citations


Journal ArticleDOI
TL;DR: It is suggested that either a change in consumers' perception of privacy in the FasTrak system, or a fiduciary compensation must be offered to Bay Area drivers' in exchange for their perceived reduction of privacy, if any significant increase of FasTraK usage is to be achieved.

36 citations


Journal ArticleDOI
TL;DR: The origins of Open Source Software are set out and its progression from programming hobby to a mainstream commercial strategy for acquiring and maintaining competitive advantage is considered.

32 citations


Journal ArticleDOI
TL;DR: This article will explore the notions of identity and reputation both of the online user and his/her alter ego avatar.

32 citations


Journal ArticleDOI
TL;DR: The borderless nature of ICTs may not allow for rigid regulations and instead challenges the principle of criminal laws, so international laws and regulations combined with reliance on technologies are crucial to counter the crime race.

30 citations


Journal ArticleDOI
TL;DR: The UK Information Commissioner's Office (UK ICO) conducted a study into Privacy Impact Assessments (PIAs) and developed a handbook that can be used to guide organisations through the PIA process taking into account the provisions of the UK Data Protection Act (DPA) 1998 as discussed by the authors.

28 citations


Journal ArticleDOI
TL;DR: In this article, the authors examine the varying and sometimes complementary roles that legal obligations and private ordering play in incentivizing security measures to protect consumers and show that, in the legal environment within the United States, which lacks comprehensive legal protections for consumer privacy and security, private ordering rooted in economic incentives within the payment card industry can also bring about enhanced security for consumers.

27 citations


Journal ArticleDOI
TL;DR: The PRIME toolbox as mentioned in this paper is an identity management system that can be used in mobile applications in order to enhance the privacy of the user's physical location information, such as route guidance, tourist and weather information.

22 citations


Journal ArticleDOI
TL;DR: The Austrian e-ID approach is explained and how foreign identities are already today incorporated into its e-Government framework from the interoperability perspective.

21 citations


Journal ArticleDOI
TL;DR: The statutory law and case-law of special relevance in the US to backscatter body scanners are outlined and the deficiencies and dilemmas of the legal framework with regards to protecting privacy and upholding the integrity of the Fourth Amendment of the US Constitution are determined.

Journal ArticleDOI
TL;DR: It appears clear that the UDRP needs to be reviewed if it aims to provide, not only an efficient but a fair procedure too.

Journal ArticleDOI
TL;DR: The Internet offers valuable opportunities for transparent communication and for the achievement of open access to discussion topics, thereby enhancing information exchange and dialogue between the governance-related institutions and the interested parties concerned.

Journal ArticleDOI
TL;DR: In this paper, the authors examine the Irish dimension to data retention, outlining how the Irish State has pursued data retention simultaneously by way of domestic law and European initiatives, and considering whether the resulting policy has had the effect of undermining both the right to privacy and the principle of democratic oversight.

Journal ArticleDOI
TL;DR: In the context of improving security, recent initiatives have focused on the exchange of law enforcement information with effect in 2008 under the availability principle as mentioned in this paper, which was introduced in the Prum Treaty, also known as Schengen III.

Journal ArticleDOI
TL;DR: It is contended that privacy, as a constitutional right, is subject to changing norms as a result of the advent of the information society and a new balance has to be established between the citizen's right to privacy and their right to know.

Journal ArticleDOI
Antonis Patrikios1
TL;DR: This article suggests that traditional legal solutions based on localisation and territoriality are inappropriate for cross-border e-business transactions and argues that the optimum solution is a truly international, decentralised, multi-stakeholder,Multi-level and multi-instrument co-regulatory system based on ODR and centred on transnational online arbitration with the role of the courts limited to the guardianship of public policy.


Journal ArticleDOI
TL;DR: This article contrasts the regulatory environment in the European Union and in the United States applicable to the consumer's privacy and personal data used for mobile advertising purposes while also examining the effectiveness of each of these approaches.

Journal ArticleDOI
TL;DR: This decision confirms that Community law recognises both data privacy and copyright (as a property right) as fundamental rights and requires a balance to be struck between them and the exceptions applicable to the protection of such information.

Journal ArticleDOI
TL;DR: It will show that the new regime concerning fraudulent payment transactions creates important risks for the holder of an electronic payment instrument and will therefore propose to divide liability in another way.

Journal ArticleDOI
TL;DR: Two trends appear to be exerting a stronger influence on the future of biometrics in society: identity management and identity fraud prevention are becoming dominant aspects and technology continues to develop, increasingly from a security perspective.

Journal ArticleDOI
TL;DR: In this paper, the music industry has pursued high-volume individual copyright infringement lawsuits, where the authors have put greater efforts to increase Internet intermediary liability, and they have been handed down hefty fine, as much as €2000 per music, for violating copyright laws.

Journal ArticleDOI
TL;DR: This article examines the use of computer simulations in evidence, looking in particular at its admissibility and potential challenges and investigating why, given the obvious benefits of this technology, do litigants (or their lawyers) seem so unwilling to use it.


Journal ArticleDOI
TL;DR: The Court of Appeal's recent decision in the case brought on behalf of JK Rowling's young son has some important implications for the developing law of privacy in the UK, and suggests that more types of information, especially photographs, may be capable of protection as “private”.

Journal ArticleDOI
TL;DR: Potential “long tail” opportunities, which game publishers and developers have not fully exploited or considered in their games, such as secondary commercial games licensing and other developmental and licensing strategies that would benefit from managing security issues early in the developmental lifecycle are discussed.


Journal ArticleDOI
TL;DR: A country by country snapshot of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region is provided.

Journal ArticleDOI
Donna M. Gitter1
TL;DR: In this paper, the International HapMap Project (HapMap), a large-scale, publicly funded genomic database, fails to protect against the dangers of parasitic patenting, the filing of patent applications that block other users' access to the data.