There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis. Some contend that this patchwork of laws and regulations is insufficient to meet the demands of today's technology. Congress, the Obama Administration, businesses, public interest groups and citizens are all involved in the discussion of privacy solutions. This book examines some of these efforts with respect to the protection of personal information and provides a brief overview of selected recent developments in the area of federal privacy law.

Open banking is a silent revolution transforming the banking industry. It is the manifestation of the revolution of consumer technology in banking and will dramatically change not only how we bank, but also the world of finance and how we interact with it. Since the United Kingdom along with the rest of the European Union adopted rules requiring banks to share customer data to improve competition in the banking sector, a wave of countries from Asia to Africa to the Americas have adopted various forms of their own open banking regimes. Among Basel Committee jurisdictions, at least fifteen jurisdictions have some form of open banking, and this number does not even include the many jurisdictions outside the Basel Committee membership with open banking activities. Although U.S. banks and market participants have been sharing customer-permissioned data for the past twenty years and there have been recent policy discussions, such as the Obama administration's failed Consumer Data Privacy Bill and the Data Aggregation Principles of the Consumer Financial Protection Bureau, open banking is still a little-known concept among consumers and policymakers in the States. This book defines the concept of 'open banking' and explores key legal, policy, and economic questions raised by open banking.

Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.

In 1996, Congress enacted comprehensive reform of the nation's statutory and regulatory framework for telecommunications by passing the Telecommunications Act, which substantially amended the 1934 Communications Act. The general objective of the 1996 Act was to open up markets to competition by removing unnecessary regulatory barriers to entry. At that time, the industry was characterised by service-specific networks that did not compete with one another: circuit-switched networks provided telephone service and coaxial cable networks provided cable service. The act created distinct regulatory regimes for these service-specific telephone networks and cable networks that included provisions intended to foster competition from new entrants that used network architectures and technologies similar to those of the incumbents. This 'intramodal' competition has proved very limited. But the deployment of digital technologies in these previously distinct networks has led to market convergence and 'intermodal' competition, as telephone, cable, and even wireless networks increasingly are able to offer voice, data, and video services over a single broadband platform. There is consensus that the current statutory framework is not effective in the current market environment, but not on how to modify it. The debate focuses on how to foster investment, innovation, and competition in both the physical broadband network and in the applications that ride over that network while also meeting the many non-economic objectives of U.S. telecommunications policy: universal service, homeland security, public safety, diversity of voices, localism, consumer protection, etc. This book explores these issues and includes the act in its entirety.

Since its inception, blockchain has evolved to become a crucial trending technology that massively impacts the fast-paced digital world. It has been a game-changing technology that is underpinned with cryptocurrencies like Ethereum and Bitcoin that eventually closed the doors for hacking activities. As blockchain is utilized across areas such as banking, voting, finance, healthcare, and manufacturing, it is important to examine the current trends, difficulties, opportunities, and future directions in order to utilize its full potential. Blockchain Technologies and Applications for Digital Governance addresses the impacts and future trends of blockchain, particularly for digital governance, and demonstrates the applications of blockchain in digital governance using case studies. Covering a range of topics from cybersecurity to real estate tokenization, it is ideal for industry professionals, researchers, academicians, instructors, practitioners, and students.

The internet and the equipment through which it is delivered has revolutionised the way business offers its services and consumers access information. The constantly evolving technology will continue to become mobile both in terms of the apparatus used to get online, such as mobile phones, and also the wireless capability which will become widespread. Commercial use of the technology presents huge legal issues and has led to the introduction of significant new laws to govern online trade. However, the approach taken by the EU in regulating the internet differs markedly from that of the United States. Given the degree of trade between the two continents and in particular between the USA and the UK, it is vital that businesses on both sides of the Atlantic understand the diverse legal regimes, whether they operate in European or North American markets. This book provides an overview of the English law treatment of the internet, which is heavily influenced by the EU, and contrasts it where appropriate to American legal governance. The book examines issues including online contractual formation, privacy law across geographical borders, electronic signatures, online marketing and consumer sales over the internet. The book is essential reading for businesses in both lands.

Information technology affects all aspects of modern life. From the information shared on social media such as Facebook, Twitter, and Instagram to online shopping and mobile devices, it is rare that a person is not touched by some form of IT every day. Information Technology Law examines the legal dimensions of these everyday interactions with technology and the impact on privacy and data protection, as well as their relationship to other areas of substantive law, including intellectual property and criminal proceedings. Focusing primarily on developments within the UK and EU, this book provides a broad-ranging introduction and analysis of the increasingly complex relationship between the law and IT. Information Technology Law is essential reading for students of IT law and also appropriate for business and management students, as well as IT and legal professionals. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include a catalogue of web links to key readings and updates to the law since publication.

Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Digital preservation has become culturally, as well as economically, indispensable. The preserving of business processes is an emerging challenge for each company, regardless of industry sector and size. This book focuses on the legal aspects of digital preservation and offers legal guidance in that area.This important book illustrates the implications of preservation actions on intellectual property rights and data protection. These can include: potential violation of data protection laws through the storage of personal data, and potential infringement of a copyright-holder's exclusive right to reproduce and store their copyright protected data. The book considers the scope of protection under both IP rights and data protection, and offers strategies on avoiding potential infringement. Further IT contracting issues and selected existing legal obligations to preserve data are described with a particular emphasis on digital preservation. The clear exposition of the legal framework, and the detailed analysis of Legal Aspects of Digital Preservation will be of great utility to practitioner advising companies who are digitally preserving business processes, as well as those companies themselves, developers of preservation systems, and researchers in the field of digital archiving. Contents: Foreword 1. Introduction 2. Legal Aspects of Digital Preservation 3. Copyrights 4. Data Protection 5. Legal Obligations to Preserve Data 6. IT Contracting Bibliography Index

Virtually all organisations collect, use, process and share personal data from their employees, customers and/or citizens. In doing so, they may be exposing themselves to risks, from threats and vulnerabilities, of that data being breached or compromised by negligent or wayward employees, hackers, the police, intelligence agencies or third-party service providers. A recent study by the Ponemon Institute found that 70 per cent of organisations surveyed had suffered a data breach in the previous year.
Privacy impact assessment is a tool, a process, a methodology to identify, assess, mitigate or avoid privacy risks and, in collaboration with stakeholders, to identify solutions.
Contributors to this book privacy commissioners, academics, consultants, practitioners, industry representatives are among the world s leading PIA experts. They share their experience and offer their insights to the reader in the policy and practice of PIA in Australia, Canada, New Zealand, the United Kingdom, the United States and elsewhere.
This book, the first such on privacy impact assessment, will be of interest to any organisation that collects or uses personal data and, in particular, to regulators, policy-makers, privacy professionals, including privacy, security and information officials, consultants, system architects, engineers and integrators, compliance lawyers and marketing professionals.
In his Foreword, surveillance studies guru Gary Marx says, This state-of-the-art book describes the most comprehensive tool yet available for policy-makers to evaluate new personal data information technologies before they are introduced. This book could save your organisation many thousands or even millions of euros (or dollars) and the damage to your organisation s reputation and to the trust of employees, customers or citizens if it suffers a data breach that could have been avoided if only it had performed a privacy impact assessment before deploying a new technology, product, service or other initiative involving personal data.
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Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.

Chapter 1 INTRODUCTION 1. 1 Research Objective 1 The modern State is unlikely to be the end configuration of organized political life. Throughout history, both the nature and manifestation of political organization have continuously adapted to the specific needs of the age. Despite the natural tendency of organizations to retain a certain status quo, there is no reason to suggest that the dominant form of political organization, the State, has lost the ability to adapt to changing circumstances. Today's needs are shaped by a process of glob- ization increasing the level of transnational interdependence between actors in terms of social, economic and political activity. As such, this process is likely to inform the next transformation of organized political life. This inquiry sets out to shed some light on the consequences of this transformation for the modern State in the view of its constitutional commitments and responsibilities using the Internet's - terdependency-imposing nature as foundation for the inquiry. In investigating the way in which traditional public commitments and responsibilities take shape on the Internet, this inquiry aims to further our understanding of how globalization inf- ences decision making in the public interest. The vast amount of literature on the effects of globalization on the State roughly divides into three categories. The first strand of literature stresses the economic dimension of globalization.

Cybersecurity Law: An Evolving Field, 2nd Edition is a casebook that covers the duties of a cybersecurity professional, state and federal regulation, risk assessment and the NIST Risk Assessment Frameworks, common law and statutory causes of action concerning data breach, laws related to anti-hacking, problems concerning the Internet of Things and Ransomware, and selected international issues. This text is for law students and counsel who want to understand the connections between cybersecurity laws and cybersecurity requirements, and advise clients concerning cybersecurity related issues. In part, it seeks to bridge the communication gap between the legal department and the cybersecurity team. The casebook includes over 75 questions. The notes in the casebook are intended to stimulate discussion and most contain hints to the relevant arguments. The second edition includes the following new materials: New Chapters on Ransomware and Additional Federal Regulation. Numerous new cases and materials, including FTC Zoom Communications Complaint, Transunion v. Rameriz, Van Buren v. United States, NSO v. Whatsapp and Hiq Labs v. Linkedin. New proposed SEC regulations. Updated GLBA chapter on financial regulations. Numerous additional NIST documents, including Guidelines on Security and Privacy in Public Cloud Computing. President Biden's Executive Order on Cybersecurity. New materials on state education cybersecurity requirements. Numerous new notes and updated discussion throughout the casebook.