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The detection of insider threats is one area of ongoing work at the CERT® Insider Threat Center. This paper addresses the legal landscape surrounding employee privacy in the workplace. While this broad area implicates many different types of law, this paper focuses on some current issues that employers may want to be aware of when implementing policies and practices to mitigate the insider threat, including monitoring of current employees. Electronic, physical and other methods of monitoring are discussed, which can reveal insider threat indicators. Relevant federal and state laws are also discussed. [ABSTRACT FROM AUTHOR]

The number of online services is constantly growing, offering numerous and unprecedented advantages for consumers. Often, the access to these services requires the disclosure of personal information. This personal data is very valuable as it concedes significant advantages over competitors, allowing better answers to the customer's needs and therefore offering services of a better quality. For some services, analysing the customers' data is at the core of their business model. Furthermore, personal data has a monetary value as it enables the service providers to pursue targeted advertising. Usually, the first companies who provide a service will benefit from large volumes of data and might create market entrance barriers for new online providers, thus preventing users from the benefits of competition. Furthermore, by holding a grip on this personal data, they are making it more expensive or burdensome for the user to shift to a new service. Because of this value, online services tend to keep collected information and impede their users to reuse the personal data they have provided. This behaviour results in the creation of a lock-in effect. Upcoming awareness for this problem has led to the demand of a right to data portability. The aim of this paper is to analyse the different legislative systems that exist or have been recently created in this regard that would grant a right to data portability. Firstly, this article draws up the framework of data portability, explaining its origin, general aspects, advantages as well as its possible downfalls. Secondly, the core of the article is approached as the different ways of granting data portability are analysed. In this regard, the possible application of European Competition Law to prohibit restrictions to data portability is examined. Afterwards, an examination of the application of U.S. Antitrust Law is made to determine whether it could be a source of inspiration for European legislators. Finally, an analysis of the new General Data Protection Regulation is made with respect to the development of data portability throughout the European legislative procedure. This article makes a cross-examination of legislations, compares them with one another in order to offer a reflection on the future of portable data in Europe, and finally attempts to identify the best approach to attribute data portability. [ABSTRACT FROM AUTHOR]

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power. This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers. [ABSTRACT FROM AUTHOR]

Abstract: This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS''s requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China. [Copyright &y& Elsevier]

Abstract: This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U.S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author''s Guild & Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google''s project of digitizing copyrighted books as ‘fair’ as it fulfills the primary aim of copyright law which is “encouragement of learning” and “dissemination of knowledge”. [Copyright &y& Elsevier]

The new E.U. proposal for a general data protection regulation has been introduced to give an answer to the challenges of the evolving digital environment. In some cases, these expectations could be disappointed, since the proposal is still based on the traditional main pillars of the last generation of data protection laws. In the field of consumer data protection, these pillars are the purpose specification principle, the use limitation principle and the "notice and consent" model. Nevertheless, the complexity of data processing, the power of modern analytics and the "transformative" use of personal information drastically limit the awareness of consumers, their capability to evaluate the various consequences of their choices and to give a free and informed consent. To respond to the above, it is necessary to clarify the rationale of the "notice and consent" paradigm, looking back to its origins and assessing its effectiveness in a world of predictive analytics. From this perspective, the paper considers the historical evolution of data protection and how the fundamental issues coming from the technological and socio-economic contexts have been addressed by regulations. On the basis of this analysis, the author suggests a revision of the "notice and consent" model focused on the optin and proposes the adoption of a different approach when, such as in Big Data collection, the data subject cannot be totally aware of the tools of analysis and their potential output. For this reason, the author sustains the provision of a subset of rules for Big Data analytics, which is based on a multiple impact assessment of data processing, on a deeper level of control by data protection authorities, and on the different optout model. [ABSTRACT FROM AUTHOR]

Modern identity is valuable, multi-functional and complex. Today we typically manage multiple versions of self, made visible in digital trails distributed widely across offline and online spaces. Yet, technology-mediated identity leads us into crisis. Enduring accessibility to greater and growing personal details online, alongside increases in both computing power and data linkage techniques, fuel fears of identity exploitation. Will it be stolen? Who controls it? Are others aggregating or analysing our identities to infer new data about us without our knowledge or consent? New challenges present themselves globally around these fears, as manifested by concerns over massive online data breaches and automated identification technologies, which also highlight the conundrum faced by governments about how to safeguard individuals' interests on the Web while striking a fair balance with wider public interests. This paper reflects upon some of these problems as part of the inter-disciplinary, transatlantic 'Superldentity' project investigating links between cyber and real-world identifiers. To meet the crisis, we explore the relationship between identity and digitisation from the perspective of policy and law. We conclude that traditional models of identity protection need supplementing with new ways of thinking, including pioneering 'technical-legal' initiatives that are sensitive to the different risks that threaten our digital identity integrity. Only by re-conceiving identity dynamically to appreciate the increasing capabilities for connectivity between different aspects of our identity across the cyber and the physical domains, will policy and law be able to keep up with and address the challenges that lie ahead in our progressively networked world. [ABSTRACT FROM AUTHOR]

In India, the government has perniciously ignored the issue of internet gambling. Unfortunately, there is no specific legislation in place that addresses internet gambling, nor has there been any consistent policy professed with regard to internet gambling. Thus, online gambling operators, both domestic and offshore, are allowed to operate with impunity in India. Spurred on by factors like inadequate legislation, a lack of enforcement, and an indifferent judiciary, online gambling in India is unregulated, untaxed, and most of all, unclear. This paper posits that there is an urgent need for legislative clarity in India's policy towards internet gambling. [ABSTRACT FROM AUTHOR]

Abstract: This paper examines and compares the existing privacy instruments of VIS and US-VISIT systems in addressing the specific legal issues and challenging the privacy-invasive behaviour in the world of biometrics. A biometric scenario is presented to give a vision of a future society in 5 years from now when biometric technology is more widely used. The objective here is to open up the scope of considering the potential legal risks of the use of biometrics, based upon the present passport and visa application plans in the EU and USA. [Copyright &y& Elsevier]

Abstract: The beginning of the 21st century saw the beginning of substantial debate on “open access” to the Internet and the related concept of “network neutrality”. This paper is a short introduction to some of the complexities of the debate, focussing on the difficulties of attempting to regulate rapidly developing technologies, as well as particular issues of price and market regulation in Australia. Generally, network neutrality advocates believe that without regulation, telecommunications companies will use their control over “last mile” infrastructure to engage in discriminatory and anti-competitive practices against content providers. Opponents argue that this concern is illusory, and regulatory restrictions requiring neutrality will in their turn restrict innovation by network providers. In Australia, most discussion has focussed on price and market regulation. However, many Australian opponents of network neutrality say that it is an American problem, irrelevant to Australia, because of different pricing models for the Australian broadband market. [ABSTRACT FROM AUTHOR]

Abstract: This paper provides a preview of the key elements of the Principles of the Law of Software Contracts, published by the American Law Institute, and intended to assist the US courts in addressing the unique challenges encountered when attempting to fit software transactions under contract law. [Copyright &y& Elsevier]

Abstract: Self-regulation has found its adepts very early, but more academics are beginning to question its appropriateness and calling for a “hybrid regulation” as cyberspace becomes more and more an essential means of communication in everyday life. Yet, today the private sector has never been so strong within cyberspace and the chances to see the flowering of what U.S. lawyers know as public forums keep on diminishing. The success of filtering measures, the implementation is which is most of the time opaque, confirms this trend. More generally, the desire to see private powers confined in the digital environment is far from being granted. This is certainly due in part to the relative obsolescence of legal concepts that are inapt to frame the behavior of intermediaries, which do play the role of regulators. This paper thus seeks to determine and analyse the legal framework within which intermediaries act in cyberspace. [Copyright &y& Elsevier]

Abstract: No one would disagree that the purposes and aims of child pornography laws are legitimate and necessary. Recently, however, these laws, which have the ostensible aim of protecting children, are instead being used to punish children and dissuade the new phenomenon of “sexting” in the United States. “Sexting” refers to the use of mobile phones with built-in cameras to produce and distribute images of oneself in a sexually provocative or revealing position. The potential danger that this trend poses to minors is huge. Photographs produced by the use of “sexting” can be distributed to unintended third parties, often leading to embarrassment and harassment. Moreover, senders are also in danger of being charged with possession and distribution of child pornography, regardless of the fact that they are minors and the pictures are often of themselves. Not only is charging minors with child pornography a rather new phenomenon, it also appears to be a strategy that several states are adopting. This paper will look at the growing trend of charging minors who engage in “sexting” with child pornography charges by a case study of an actual prosecution, what the consequences of such a conviction entails in the United States, legislative responses, and an analysis of the appropriateness of using the legal system as a way of dealing with this problem. [Copyright &y& Elsevier]

Abstract: In this paper, I explore an area of emerging science, android science, and attempt to start a dialogue about possible future legal implications of fully conscious robots, referred to in this essay as humanoids. While the world currently has millions of robots doing industrial, commercial, and household tasks, I focus specifically on the legal challenges of human sexual interaction with future humanoids, albeit notional technology at this point in time. While this humanoid is a giant leap forward technologically, if a self-aware, super-intelligent, thinking, feeling humanoid is developed, the legal system will be hard pressed to distinguish this creature legally from human actors on grounds not stemming from a religious or moral prejudice. I consider whether human–humanoid sexual interactions should be regulated, the possible rights that might devolve to humanoids, and, finally, possible cost and benefit implications to humans in providing protections to humanoids. The objective is to discuss how the legal framework might appear if humans are not the only legal actors. [Copyright &y& Elsevier]

Abstract: Backscatter body scanners have only recently been deployed at airports across the US and used as an optional alternative to patdowns – the open hand form of body search. This paper will essentially outline the statutory law and case-law of special relevance in the US to backscatter body scanners and determine 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. After that, guidelines to enhance the US legal framework will be proposed. [Copyright &y& Elsevier]

Abstract: This paper explores the issues arising from a complaint made by Antigua and Barbuda (Antigua) to a World Trade Organization (WTO) Dispute Resolution Panel. This concerned US State and Federal law regulation that allegedly made it unlawful for suppliers, located outside the United States (US), to supply Internet gambling and betting services to consumers in the United States. As such, this called into question the application of the General Agreement on Trade in Services (GATS). This is the first reported instance of the WTO procedure in the digital environment. [Copyright &y& Elsevier]

Abstract: In April 2004 the EU passed the Directive on Enforcement of Intellectual Property Rights amidst charges of “conflicting interest” and heavy-handed influence of the American entertainment industry. The Directive has received widespread condemnation from various sectors of the society for supporting private interest at the expense of public interest through the impositions of Mareva injunctions and Anton Piller Orders, even in instances of accidental and non-commercial infringements of the intellectual property right [Meller P. EU backs deal on copyright piracy. International Herald Tribune, NY; 2004]. This paper will examine the provisions of the Directive and determine its implications, in particular, as to whether they balance or not the rights of the right holders and public interest. [Copyright &y& Elsevier]