Showing papers in "Computer Law & Security Review in 2011"

TL;DR: An overview of the risks associated with data mining and the strategies that have been proposed over the years to mitigate these risks is provided and alternative policy options and regulatory instruments for dealing with the risks of data mining are suggested.

TL;DR: The European Commission wants to boost the digital economy by enabling all Europeans to have access to online medical records anywhere in Europe by 2020, but the concept of a centralised supranational central server raises concern about storing electronic medical records in a central location.

TL;DR: Ten recommendations are proposed, including reform of copyright licencing procedures, implementation of a digital copyright exchange, and legislative exceptions to copyright infringement, along with restructuring of systems for the grant and enforcement of patents.

TL;DR: The current regime is woefully inadequate to deal with the growing use of more and more intuitive artificial intelligence systems in the production of such works, and the creation of a new legal personality to which such rights could be granted is considered.

TL;DR: The results of a three-month study of a global Peer-to-Peer network, isoHunt, indicated that child pornography is consistently shared, including the potential normalisation of child pornography among Internet subcultures.

TL;DR: An extended cybercrime investigation model capable of guiding the investigative practices of the broader law enforcement community is presented, intended to provide both technical and non-technical investigative resources with a formal and common structure when investigating the complex technical nature of cybercrime.

TL;DR: The Art. 29 Working Party (hereinafter “Art. 29 WP”) is an influential body comprised of representatives from the Member State Data Protection Authorities established under the Data Protection Directive 95/46/EC, has recently issued an opinion with the Working Party on Police and Justice, which sets out some of the issues that will need to be addressed in the lead up to the revision of the data protection directive.

TL;DR: How cloud computing has evolved impacts on key contractual and legal considerations and how the treatment of these considerations might differ from their treatment in traditional IT supply agreements is discussed.

TL;DR: This article is an exploratory essay in assessing the effect that ‘cloud’ computing might have on evidence in digital format in criminal proceedings in the jurisdiction of England & Wales.

TL;DR: Reflections on efficacy, legitimacy and privacy in relation to CCTV are considered, as an introduction to the case of how the members of the Control Commission of Video surveillance Devices in Catalonia took these issues into consideration and interpreted the Law when deciding whether to approve a petition to install three cameras in Barcelona’s public space in 2003.

TL;DR: This paper aims to examine employers’ justification for conducting electronic monitoring by highlighting the potential risk of financial and legal liabilities that employers may incur as a result of employees’ misuse of online services at work.

TL;DR: It is argued that virtual economies are not actually as virtual as they first appear to be, and that because of the real world effects and impacts virtual world economies can have, they should applicable to real world jurisdictions and regulations.

TL;DR: In this article, the authors examine the current situation, its background and future prospects, and discuss and analyze the key terms and legal instruments, problems, disputes and proposed "safeguards".

TL;DR: This paper analyses two scenarios of illegal access in a cloud computing (the Cloud) environment and suggests a “Cloud Compliant Strategy (CCS)” being a proposed model to control the Cloud.

TL;DR: The principles governing the processing of personal data collected online are considered and the new rules on the use of cookies and the practical difficulties facing website operators in complying with them are discussed.

TL;DR: The compromised text is a result of powerful lobbying by Hollywood porno industry, Internet Service Providers and civil libertarians to highlight the tension between freedom of speech and protection of children.

TL;DR: The technology, its practical applications and the manner in which European data protection laws regulate its use are considered, including how much control should the authors have over their own image.

TL;DR: In this paper, the authors consider the issues set out by the Art. 29 Working Party and the likely challenges in revising the Data Protection Directive 95/46/EC and propose a legal framework for the fundamental right to protect personal data.

TL;DR: It is argued that each of the four Commonwealth jurisdictions sets too low a threshold for prosecuting acts of cyber-terrorism against electronic and other infrastructure systems.

TL;DR: The increases in the frequency of cross border-treatment that this directive attempts to facilitate are likely to see a concurrent increase in cross-border patient information flows, and it remains uncertain whether the EU’s Data Protection regime will act as inhibitor to cross- border medical treatment or rather represent a gold standard that allows patients to engage in such activities with peace of mind.

TL;DR: Computer Law and Security Review (CLSR) together with the Intl.

TL;DR: The present paper suggests a contextual approach to the concept of personal data, which seeks to identify when IP addresses are – or should be – considered as personal data.

TL;DR: EU citizens confront a dark future where unelected EU bureaucrats continue to betray the trust of the people handing out bulk data to “counter terrorism” but at the same time undermining cherished values and violating human right standards and principles.

TL;DR: The conditions set by the European legislators as regards the multiple instruments developed in the context of this self-regulation (labels, codes of conduct, hotlines, ODR…) or even co-regulation, the paper examines the conditions set in this legal approach of young people protection.

TL;DR: The scope of the injunction a court may issue against an intermediary service provider with a view to preventing or terminating an infringement, particularly of an intellectual property right is considered.

TL;DR: A critical examination of the court judgements in a recent Belgian case against Yahoo!. It examines the challenges related to the establishment of jurisdiction for Internet-based services and the role that procedures of mutual legal assistance should play.

TL;DR: Whether the various personal data protection principles are applicable to the act of DNA profiling and the creation of bioinformatics is considered.

TL;DR: In this article, the authors analyse the concept of ICT crime from both a practical and theoretical legal perspective and argue that it is very difficult if not impossible to define ICT Crime unequivocally.

TL;DR: An insight into the inadequacies of the Indian legal and administrative systems which have ultimately diminished the effectiveness of the copyright regime contrary to that envisioned by the law is provided.