• Author: Chris Jay Hoofnagle
• Publisher: Cambridge University Press
• ISBN: 1316495493
• Category: Law
• Page: N.A
• View: 9527

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The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

• Author: Chris Jay Hoofnagle
• Publisher: Cambridge University Press
• ISBN: 9781107565630
• Category: Law
• Page: 356
• View: 539

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The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

Driving Corporate Behavior in the United States and Europe

• Author: Kenneth A. Bamberger,Deirdre K. Mulligan
• Publisher: MIT Press
• ISBN: 0262331357
• Category: Law
• Page: 352
• View: 9716

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Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation -- to put more laws "on the books." But there was scant evidence of how well tighter regulation actually worked "on the ground" in changing corporate (or government) behavior -- until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation -- Germany and the United States -- had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries -- like France and Spain -- trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.

• Author: Evan Selinger,Jules Polonetsky,Omer Tene
• Publisher: Cambridge University Press
• ISBN: 1316859274
• Category: Law
• Page: N.A
• View: 1906

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Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.

Trade & Human Rights Perspectives

• Author: Graham Greenleaf
• Publisher: OUP Oxford
• ISBN: 0191669156
• Category: Law
• Page: 512
• View: 3824

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The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards.

Law, Code, and the Play of Everyday Practice

• Author: Julie E. Cohen
• Publisher: Yale University Press
• ISBN: 0300177933
• Category: LAW
• Page: 350
• View: 4175

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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.

• Author: David Wright,Paul de Hert
• Publisher: Springer Science & Business Media
• ISBN: 9400725434
• Category: Law
• Page: 523
• View: 4607

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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.

• Author: N.A
• Publisher: American Bar Association
• ISBN: 9781590313688
• Category: Law
• Page: 137
• View: 5116

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For legal practitioners who are non-specialists in consumer protection law. A concise guide to the basic principles of consumer protection law.

• Author: Christopher Millard
• Publisher: OUP Oxford
• ISBN: 9780199671670
• Category: Law
• Page: 480
• View: 7742

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Building on innovative research undertaken by the 'Cloud Legal Project' at Queen Mary, University of London, this work analyses the key legal and regulatory issues relevant to cloud computing under European and English law.

• Author: David Gray,Stephen E. Henderson
• Publisher: Cambridge University Press
• ISBN: 110850938X
• Category: Law
• Page: N.A
• View: 564

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Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

Research, Law, Archives, Ethics

• Author: Susan C. Lawrence
• Publisher: Rutgers University Press
• ISBN: 0813574374
• Category: Medical
• Page: 188
• View: 1620

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When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work. Lawrence offers a wide-ranging and informative discussion of the many issues involved. She highlights the key points in research ethics that can affect historians, including their ethical obligations to their research subjects, both living and dead, and she reviews the range of federal laws that protect various kinds of information. The book discusses how the courts have dealt with privacy in contexts relevant to historians, including a case in which a historian was actually sued for a privacy violation. Lawrence also questions who gets to decide what is revealed and what is kept hidden in decades-old records, and she examines the privacy issues that archivists consider when acquiring records and allowing researchers to use them. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record, discussing decisions that historians have made to conceal identities that they believed needed to be protected. Finally, she encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead. Engagingly written and powerfully argued, Privacy and the Past is an important first step in preventing privacy regulations from affecting the historical record and the ways that historians write history.

Getting from Policy to Code to QA to Value

• Author: Michelle Dennedy,Jonathan Fox,Tom Finneran
• Publisher: Apress
• ISBN: 1430263563
• Category: Computers
• Page: 400
• View: 2926

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"It's our thesis that privacy will be an integral part of the next wave in the technology revolution and that innovators who are emphasizing privacy as an integral part of the product life cycle are on the right track." --The authors of The Privacy Engineer's Manifesto The Privacy Engineer's Manifesto: Getting from Policy to Code to QA to Value is the first book of its kind, offering industry-proven solutions that go beyond mere theory and adding lucid perspectives on the challenges and opportunities raised with the emerging "personal" information economy. The authors, a uniquely skilled team of longtime industry experts, detail how you can build privacy into products, processes, applications, and systems. The book offers insight on translating the guiding light of OECD Privacy Guidelines, the Fair Information Practice Principles (FIPPs), Generally Accepted Privacy Principles (GAPP) and Privacy by Design (PbD) into concrete concepts that organizations, software/hardware engineers, and system administrators/owners can understand and apply throughout the product or process life cycle—regardless of development methodology—from inception to retirement, including data deletion and destruction. In addition to providing practical methods to applying privacy engineering methodologies, the authors detail how to prepare and organize an enterprise or organization to support and manage products, process, systems, and applications that require personal information. The authors also address how to think about and assign value to the personal information assets being protected. Finally, the team of experts offers thoughts about the information revolution that has only just begun, and how we can live in a world of sensors and trillions of data points without losing our ethics or value(s)...and even have a little fun. The Privacy Engineer's Manifesto is designed to serve multiple stakeholders: Anyone who is involved in designing, developing, deploying and reviewing products, processes, applications, and systems that process personal information, including software/hardware engineers, technical program and product managers, support and sales engineers, system integrators, IT professionals, lawyers, and information privacy and security professionals. This book is a must-read for all practitioners in the personal information economy. Privacy will be an integral part of the next wave in the technology revolution; innovators who emphasize privacy as an integral part of the product life cycle are on the right track. Foreword by Dr. Eric Bonabeau, PhD, Chairman, Icosystem, Inc. & Dean of Computational Sciences, Minerva Schools at KGI.

• Author: Grama
• Publisher: Jones & Bartlett Learning
• ISBN: 1284151042
• Category: Medical
• Page: 550
• View: 2663

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Part of the Jones & Bartlett Learning Information Systems Security and Assurance Series http://www.issaseries.com Revised and updated to address the many changes in this evolving field, the Second Edition of Legal Issues in Information Security (Textbook with Lab Manual) addresses the area where law and information security concerns intersect. Information systems security and legal compliance are now required to protect critical governmental and corporate infrastructure, intellectual property created by individuals and organizations alike, and information that individuals believe should be protected from unreasonable intrusion. Organizations must build numerous information security and privacy responses into their daily operations to protect the business itself, fully meet legal requirements, and to meet the expectations of employees and customers. Instructor Materials for Legal Issues in Information Security include: PowerPoint Lecture Slides Instructor's Guide Sample Course Syllabus Quiz & Exam Questions Case Scenarios/Handouts New to the Second Edition: • Includes discussions of amendments in several relevant federal and state laws and regulations since 2011 • Reviews relevant court decisions that have come to light since the publication of the first edition • Includes numerous information security data breaches highlighting new vulnerabilities

• Author: Anita L. Allen,Rok Lampe
• Publisher: West Academic
• ISBN: 9780314267030
• Category: Law
• Page: 1187
• View: 7723

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This casebook on privacy, information, and surveillance law is the most comprehensive on the market. In addition to covering federal regulatory regimes, it explores the full range of constitutional and state privacy tort doctrines. It has been updated to include human rights and EU developments and expose readers to recent debates over cloud computing, social marketing, and the role of the Federal Trade Commission. Chapter 1 of the textbook focuses on the four common law invasion of privacy torts, plus the publicity tort and breach of confidentiality. Chapter 2 focuses on constitutional law, with special attention to the First, Fourth and 14th Amendments. Chapter 3 includes cases and materials that lay out federal information policy, including fair information practice standards reflected in the Privacy Act, the Freedom of Information Act, the Fair Credit Reporting Act, the Family Education and Right to Privacy Act, The Children's Online Privacy Protection Act, HIPPA, Gramm-Leach-Bliley and many others. Chapter 4 takes up communications privacy and federal approaches to the regulation of intelligence, law enforcement and private surveillance. All of this is accomplished with considerable attention to the ethical, social and policy foundations of the field.

• Author: ABA Center for Professional Conduct
• Publisher: American Bar Association
• ISBN: 9781604425178
• Category: Law
• Page: 209
• View: 4323

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The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

• Author: United States. Federal Trade Commission,United States. Federal Trade Commission. Bureau of Consumer Protection
• Publisher: N.A
• ISBN: N.A
• Category: Business & Economics
• Page: 40
• View: 8690

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• Author: Joseph Turow
• Publisher: MIT Press
• ISBN: 026226496X
• Category: Business & Economics
• Page: 240
• View: 577

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We have all been to Web sites that welcome us by name, offering us discounts, deals, or special access to content. For the most part, it feels good to be wanted--to be valued as a customer. But if we thought about it, we might realize that we've paid for this special status by turning over personal information to a company's database. And we might wonder whether other customers get the same deals we get, or something even better. We might even feel stirrings of resentment toward customers more valued than we are. In Niche Envy, Joseph Turow examines the emergence of databases as marketing tools and the implications this may have for media, advertising, and society. If the new goal of marketing is to customize commercial announcements according to a buyer's preferences and spending history--or even by race, gender, and political opinions--what does this mean for the twentieth-century tradition of equal access to product information, and how does it affect civic life?Turow shows that these marketing techniques are not wholly new; they have roots in direct marketing and product placement, widely used decades ago and recently revived and reimagined by advertisers as part of "customer relationship management" (known popularly as CRM). He traces the transformation of marketing techniques online, on television, and in retail stores. And he describes public reaction against database marketing--pop-up blockers, spam filters, commercial-skipping video recorders, and other ad-evasion methods. Polls show that the public is nervous about giving up personal data. Meanwhile, companies try to persuade the most desirable customers to trust them with their information in return for benefits. Niche Envy tracks the marketing logic that got us to this uneasy impasse.

• Author: Jeff Kosseff
• Publisher: John Wiley & Sons
• ISBN: 1119232015
• Category: Computers
• Page: 528
• View: 3617

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A definitive guide to cybersecurity law Expanding on the author’s experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S. and international laws that apply to data security, data breaches, sensitive information safeguarding, law enforcement surveillance, cybercriminal combat, privacy, and many other cybersecurity issues. Written in an accessible manner, the book provides real-world examples and case studies to help readers understand the practical applications of the presented material. The book begins by outlining the legal requirements for data security, which synthesizes the Federal Trade Commission’s cybersecurity cases in order to provide the background of the FTC’s views on data security. The book also examines data security requirements imposed by a growing number of state legislatures and private litigation arising from data breaches. Anti-hacking laws, such as the federal Computer Fraud and Abuse Act, Economic Espionage Act, and the Digital Millennium Copyright Act, and how companies are able to fight cybercriminals while ensuring compliance with the U.S. Constitution and statutes are discussed thoroughly. Featuring an overview of the laws that allow coordination between the public and private sectors as well as the tools that regulators have developed to allow a limited amount of collaboration, this book also: • Addresses current U.S. and international laws, regulations, and court opinions that define the field of cybersecurity including the security of sensitive information, such as financial data and health information • Discusses the cybersecurity requirements of the largest U.S. trading partners in Europe, Asia, and Latin America, and specifically addresses how these requirements are similar to (and differ from) those in the U.S. • Provides a compilation of many of the most important cybersecurity statutes and regulations • Emphasizes the compliance obligations of companies with in-depth analysis of crucial U.S. and international laws that apply to cybersecurity issues • Examines government surveillance laws and privacy laws that affect cybersecurity as well as each of the data breach notification laws in 47 states and the District of Columbia • Includes numerous case studies and examples throughout to aid in classroom use and to help readers better understand the presented material • Supplemented with a companion website that features in-class discussion questions and timely and recent updates on recent legislative developments as well as information on interesting cases on relevant and significant topics Cybersecurity Law is appropriate as a textbook for undergraduate and graduate-level courses in cybersecurity, cybersecurity law, cyber operations, management-oriented information technology (IT), and computer science. This book is also an ideal reference for lawyers, IT professionals, government personnel, business managers, IT management personnel, auditors, and cybersecurity insurance providers. JEFF KOSSEFF is Assistant Professor of Cybersecurity Law at the United States Naval Academy in Annapolis, Maryland. He frequently speaks and writes about cybersecurity and was a journalist covering technology and politics at The Oregonian, a finalist for the Pulitzer Prize, and a recipient of the George Polk Award for national reporting.

A View from Inside the Federal Trade Commission

• Author: Robert J. Mackay,James Clifford Miller,Bruce Yandle
• Publisher: Hoover Inst Press
• ISBN: 9780817985622
• Category: Business & Economics
• Page: 363
• View: 7068

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An examination of the Federal Trade Commission.

An American History from Barnum to Madoff

• Author: Edward J. Balleisen
• Publisher: Princeton University Press
• ISBN: 1400883296
• Category: History
• Page: 496
• View: 2325

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The United States has always proved an inviting home for boosters, sharp dealers, and outright swindlers. Worship of entrepreneurial freedom has complicated the task of distinguishing aggressive salesmanship from unacceptable deceit, especially on the frontiers of innovation. At the same time, competitive pressures have often nudged respectable firms to embrace deception. As a result, fraud has been a key feature of American business since its beginnings. In this sweeping narrative, Edward Balleisen traces the history of fraud in America—and the evolving efforts to combat it—from the age of P. T. Barnum through the eras of Charles Ponzi and Bernie Madoff. Starting with an early nineteenth-century American legal world of "buyer beware," this unprecedented account describes the slow, piecemeal construction of modern regulatory institutions to protect consumers and investors, from the Gilded Age through the New Deal and the Great Society. It concludes with the more recent era of deregulation, which has brought with it a spate of costly frauds, including the savings and loan crisis, corporate accounting scandals, and the recent mortgage-marketing debacle. By tracing how Americans have struggled to foster a vibrant economy without enabling a corrosive level of fraud, this book reminds us that American capitalism rests on an uneasy foundation of social trust.