Information Technology Law

The purpose of this article is to assess the impact of social media on academic performance of selected college students. In this article, the authors raise the actual impact of daily communication of youth in social media. Descriptive research design was utilized to gain accurate profile of situation.Sixty (60) Business Administration and Management Information System students who are actively using social media are the respondents of the study. It was conducted during the summer semester of academic year 2017-2018.Summing-up,social networks becomes an integral part of the students' full life, took up most of their free time.Undoubtedly, in social networks, there are also things useful for the development of the students. In addition, communication with peers through social networks can help a student socialize, find new friends, discuss with them issues related to studies. Thus, it can be concluded that social media have a dual impact on student achievement, and it is necessary to approach adolescents' use of social networks with ultimate responsibility.

- Result of “the Onlife Initiative,” a one-year project funded by the European Commission to study the deployment of ICTs and its effects on the human condition
- Inspires reflection on the ways in which a hyperconnected world forces the rethinking of the conceptual frameworks on which policies are built
- Draws upon the work of a group of scholars from a wide range of disciplines including, anthropology, cognitive science, computer science, law, philosophy, political science

What is the impact of information and communication technologies (ICTs) on the human condition? In order to address this question, in 2012 the European Commission organized a research project entitled The Onlife Initiative: concept reengineering for rethinking societal concerns in the digital transition. This volume collects the work of the Onlife Initiative. It explores how the development and widespread use of ICTs have a radical impact on the human condition.

ICTs are not mere tools but rather social forces that are increasingly affecting our self-conception (who we are), our mutual interactions (how we socialise); our conception of reality (our metaphysics); and our interactions with reality (our agency). In each case, ICTs have a huge ethical, legal, and political significance, yet one with which we have begun to come to terms only recently.

The impact exercised by ICTs is due to at least four major transformations: the blurring of the distinction between reality and virtuality; the blurring of the distinction between human, machine and nature; the reversal from information scarcity to information abundance; and the shift from the primacy of stand-alone things, properties, and binary relations, to the primacy of interactions, processes and networks.

Such transformations are testing the foundations of our conceptual frameworks. Our current conceptual toolbox is no longer fitted to address new ICT-related challenges. This is not only a problem in itself. It is also a risk, because the lack of a clear understanding of our present time may easily lead to negative projections about the future. The goal of The Manifesto, and of the whole book that contextualises, is therefore that of contributing to the update of our philosophy. It is a constructive goal. The book is meant to be a positive contribution to rethinking the philosophy on which policies are built in a hyperconnected world, so that we may have a better chance of understanding our ICT-related problems and solving them satisfactorily.

The Manifesto launches an open debate on the impacts of ICTs on public spaces, politics and societal expectations toward policymaking in the Digital Agenda for Europe’s remit. More broadly, it helps start a reflection on the way in which a hyperconnected world calls for rethinking the referential frameworks on which policies are built.

The article works is on impact of social media on the Academic performance of University students in Nigeria. Causal-comparative research design was adopted. The Four tertiary institutions used for study- Nnamdi Azikiwe University-Awka, Delta State University, Abraka, Madonna University Okija campus and Anambra State University. Population of this study comprised of all the students in various departments in each schools. The total population selected through purposive sampling technique are twenty- five students in each school and the total therefore are hundred undergraduates and. Capture sampling is the method used to administer the instrument. Findings show that social media usage among students is not for academic purposes. Found out that the following are often used by students -Facebook 40(40.81%), WhatsApp 20(20.40%) 2go/Skype 14(14.28%) and while Myspace, Twitter, badoo, Blogs/web scholars, Google+/ Social bookmarking are not often used by undergraduates in the four univers...

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that a 'right to explanation' of decisions made by automated or artificially intelligent algorithmic systems will be legally mandated by the GDPR. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive limited information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a 'right to be informed'. Further, the ambiguity and limited scope of the 'right not to be subject to automated decision-making' contained in Article 22 (from which the alleged 'right to explanation' stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018.

Amidst rapid urban development, sustainable transportation solutions are required to meet the increasing demands for mobility whilst mitigating the potentially negative social, economic, and environmental impacts. This study analyses autonomous vehicles (AVs) as a potential transportation solution for smart and sustainable development. We identified privacy and cybersecurity risks of AVs as crucial to the development of smart and sustainable cities and examined the steps taken by governments around the world to address these risks. We highlight the literature that supports why AVs are essential for smart and sustainable development. We then identify the aspects of privacy and cybersecurity in AVs that are important for smart and sustainable development. Lastly, we review the efforts taken by the ​federal government in the US, the UK, China, Australia, Japan, Singapore, South Korea, Germany, France, and the EU, and by US state governments to address AV-related privacy and cybersecurity risks in-depth. Overall, the actions taken by governments to address privacy risks are mainly in the form of regulations or voluntary guidelines. To address cybersecurity risks, governments have mostly resorted to regulations that are not specific to AVs and are conducting research and fostering research collaborations with the private sector.

Big Data analytics and artificial intelligence (AI) draw non-intuitive and unverifiable inferences and predictions about the behaviors, preferences, and private lives of individuals. These inferences draw on highly diverse and feature-rich data of unpredictable value, and create new opportunities for discriminatory, biased, and invasive decision-making. Data protection law is meant to protect people’s privacy, identity, reputation, and autonomy, but is currently failing to protect data subjects from the novel risks of inferential analytics. The legal status of inferences is heavily disputed in legal scholarship, and marked by inconsistencies and contradictions within and between the views of the Article 29 Working Party and the European Court of Justice (ECJ).

This Article shows that individuals are granted little control and oversight over how their personal data is used to draw inferences about them. Compared to other types of personal data, inferences are effectively ‘economy class’ personal data in the General Data Protection Regulation (GDPR). Data subjects’ rights to know about (Art 13-15), rectify (Art 16), delete (Art 17), object to (Art 21), or port (Art 20) personal data are significantly curtailed for inferences. The GDPR also provides insufficient protection against sensitive inferences (Art 9) or remedies to challenge inferences or important decisions based on them (Art 22(3)).

This situation is not accidental. In standing jurisprudence the ECJ has consistently restricted the remit of data protection law to assessing the legitimacy of input personal data undergoing processing, and to rectify, block, or erase it. Critically, the ECJ has likewise made clear that data protection law is not intended to ensure the accuracy of decisions and decision-making processes involving personal data, or to make these processes fully transparent. Current policy proposals addressing privacy protection (the ePrivacy Regulation and the EU Digital Content Directive) and Europe’s new Copyright Directive and Trade Secrets Directive also fail to close the GDPR’s accountability gaps concerning inferences.

This Article argues that a new data protection right, the ‘right to reasonable inferences’, is needed to help close the accountability gap currently posed by ‘high risk inferences’ , meaning inferences drawn from Big Data analytics that damage privacy or reputation, or have low verifiability in the sense of being predictive or opinion-based while being used in important decisions. This right would require ex-ante justification to be given by the data controller to establish whether an inference is reasonable. This disclosure would address (1) why certain data form a normatively acceptable basis from which to draw inferences; (2) why these inferences are relevant and normatively acceptable for the chosen processing purpose or type of automated decision; and (3) whether the data and methods used to draw the inferences are accurate and statistically reliable. The ex-ante justification is bolstered by an additional ex-post mechanism enabling unreasonable inferences to be challenged.

Privacy The Internet of Things (IoT) requires pervasive collection and linkage of user data to provide personalised experiences based on potentially invasive inferences. Consistent identification of users and devices is necessary for this functionality, which poses risks to user privacy. The forthcoming General Data Protection Regulation (GDPR) contains numerous provisions relevant to these risks, which may nonetheless be insufficient to ensure a fair balance between users' and developers' interests. A three-step transparency model is described based on known privacy risks of the IoT, the GDPR's governing principles, and weaknesses in its relevant provisions. Eleven ethical guidelines are proposed for IoT developers and data controllers on how information about the functionality of the IoT should be shared with users above the GDPR's legally binding requirements. Two use cases demonstrate how the guidelines apply in practice: IoT in public spaces and connected cities, and connected cars.

This introductory chapter provides an overview of the main legal and policy implications of blockchain technology. It proceeds in four steps. First, the chapter traces the technical and legal evolution of blockchain applications since the early days of bitcoin, highlighting in particular the political ambitions and tensions that have marked many of these projects from the start. Second, it shows how blockchain applications have created new calculative spaces of financial markets that seek to challenge existing forms of money. Third, it discusses the core points of friction with incumbent legal systems, with a particular focus on the regulability of decentralized systems in general and data protection concerns in particular. Fourth, the chapter provides an outline to the contributions to the volume, which span a wide array of topics at the intersection of blockchain, law, and politics.

Recently we have witnessed the worldwide adoption of many different types of innovative technologies, such as crowdsourcing, ridesharing, open and big data, aiming at delivering public services more efficiently and effectively. Among them, ridesharing has received substantial attention from decision-makers around the world. Because of the multitude of currently understood or potentially unknown risks associated with ridesharing (unemployment, insurance, information privacy, and environmental risk), governments in different countries apply different strategies to address such risks. Some governments prohibit the adoption of ridesharing altogether, while other governments promote it. In this article, we address the question of how risks involved in ridesharing are governed over time. We present an in-depth single case study on Singapore and examine how the Singaporean government has addressed risks in ridesharing over time. The Singaporean government has a strong ambition to become an innovation hub, and many innovative technologies have been adopted and promoted to that end. At the same time, decision-makers in Singapore are reputed for their proactive style of social governance. The example of Singapore can be regarded as a revelatory case study, helping us further to explore governance practices in other countries.

As organizations must continually drive down costs of software-driven projects, they need to evaluate the Systems Development Life Cycle (SDLC) and other software-based design methodologies. These methodologies include looking at software-based alternatives that could save a significant amount of money by reducing the amount of proprietary software. This chapter explores the use and integration of Open Source Software (OSS) in software-driven projects to include in enterprise organizations. Additionally, the legalities of the GNU General Public License (GPL), Lesser General Public License (LGPL), Berkeley Software Distribution (BSD), and Creative Commons are explored with the integration of these OSS solutions into organizations. Lastly, the chapter covers the software assurance and cyber security controls to associate with OSS to deploy a hardened product that meets the needs of today's dynamically evolving global business enterprise.

There has been much discussion of the “right to explanation” in the EU General Data Protection Regulation, and its existence, merits, and disadvantages. Implementing a right to explanation that opens the ‘black box’ of algorithmic decision-making faces major legal and technical barriers. Explaining the functionality of complex algorithmic decision-making systems and their rationale in specific cases is a technically challenging problem. Some explanations may offer little meaningful information to data subjects, raising questions around their value. Data controllers have an interest to not disclose information about their algorithms that contains trade secrets, violates the rights and freedoms of others (e.g. privacy), or allows data subjects to game or manipulate decision-making.

Explanations of automated decisions need not hinge on the general public understanding how algorithmic systems function. Even though such interpretability is of great importance and should be pursued, explanations can, in principle, be offered without opening the black box. Looking at explanations as a means to help a data subject act rather than merely understand, one could gauge the scope and content of explanations according to the specific goal or action they are intended to support.

From the perspective of individuals affected by automated decision-making, we propose three aims for explanations:

(1) to inform and help the individual understand why a particular decision was reached,

(2) to provide grounds to contest the decision if the outcome is undesired, and

(3) to understand what would need to change in order to receive a desired result in the future, based on the current decision-making model.

We assess how each of these goals finds support in the GDPR, and the extent to which they hinge on opening the ‘black box’. We suggest data controllers should offer a particular type of explanation, ‘unconditional counterfactual explanations’, to support these three aims. These counterfactual explanations describe the smallest change to the world that can be made to obtain a desirable outcome, or to arrive at the “closest possible world.” As multiple variables or sets of variables can lead to one or more desirable outcomes, multiple counterfactual explanations can be provided, corresponding to different choices of nearby possible worlds for which the counterfactual holds. Counterfactuals describe a dependency on the external facts that lead to that decision without the need to convey the internal state or logic of an algorithm. As a result, counterfactuals serve as a minimal solution that bypasses the current technical limitations of interpretability, while striking a balance between transparency and the rights and freedoms of others (e.g. privacy, trade secrets).

This article is a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. India and the United Kingdom are selected because they are at the forefront of the IoT innovation in their respective countries. The IoT is an expanding and heterogeneous universe encompassing all Things which are capable of connectivity and are equipped with sensing and actuating capabilities. One can find Things in very diverse sectors, from agriculture to manufacturing, retail, healthcare, leisure, domotics, urban development, etc. Therefore, not only is providing an exhaustive and static definition of the IoT nearly impossible (or at least pointless), but also the endeavour of providing a complete picture of the phenomenon would be a cumbersome path towards failure. Consequently, I will give account only of the highlights of the IoT in India and the United Kingdom. In India, the IoT will be analysed through the prism of net neutrality, smart cities, manufacturing, computer-related inventions, and a recent bill on the surveillance aspects of the world’s largest biometric database (Aadhaar). In turn, I will look at the British context by analysing some (quasi) regulatory acts with a focus on privacy and consumer protection. One last caveat. When it comes to new technologies, one tends to be either ‘apocalyptic’ or ‘integrated’. Either the technology will save us all by leveraging a revolution leading to a disruptive innovation, or it will destroy our lives and the world will go to the dogs. I take a middle position and believe that through education, collective awareness, and soft law, one will be able to keep the human being at the centre of innovation, to unite people rather than divide them, to empower them and alleviate discrimination and poverty. What is important is neither should one delegate to technology nor to rely entirely on government: if the IoT is to actually become a revolution, it will do so due to the commitment of each and every one of us who will contribute to create the Internet of Citizens.

PLEASE CITE AS: Guido NOTO LA DIEGA, The Internet of Citizens. A lawyer’s view on some technological developments in the United Kingdom and India, in Indian Journal of Law & Technology, 2017, 12(1), 53-104.

The advent of the GDPR brings about a new period in data protection history; it strengthens and shores up the rights of data subjects, with the aim of enabling greater control over their own personal data. However, the regulation was conceived of in light of increasing power held by centralized data processing entities. The hype surrounding the decentralized nature of blockchain technology does not sit well with the GDPR, and many have discussed the various irreconcilable tensions between the inherent structure and ideology of the technology, and the provisions contained within the regulation. This article argues however, that such a pronouncement is premature, and that an in-depth analysis of the GDPR’s application to blockchain technology (and considering its surrounding governance mechanisms) could reveal a more optimistic story. Further, given the novelty and recency of the blockchain phenomenon, it provides data protection regulators with an opportunity to collaborate with players in the industry, and facilitate the realization of the potential of blockchain technology to fulfill the aims of the GDPR.

Nowadays algorithms can decide if one can get a loan, is allowed to cross a border, or must go to prison. Artificial intelligence techniques (natural language processing and machine learning in the first place) enable private and public decision-makers to analyse big data in order to build profiles, which are used to make decisions in an automated way.

This work presents ten arguments against algorithmic decision-making. These revolve around the concepts of ubiquitous discretionary interpretation, holistic intuition, algorithmic bias, the three black boxes, psychology of conformity, power of sanctions, civilising force of hypocrisy, pluralism, empathy, and technocracy.

The lack of transparency of the algorithmic decision-making process does not stem merely from the characteristics of the relevant techniques used, which can make it impossible to access the rationale of the decision. It depends also on the abuse of and overlap between intellectual property rights (the “legal black box”). In the US, nearly half a million patented inventions concern algorithms; more than 67% of the algorithm-related patents were issued over the last ten years and the trend is increasing.

To counter the increased monopolisation of algorithms by means of intellectual property rights (with trade secrets leading the way), this paper presents three legal routes that enable citizens to ‘open’ the algorithms.

First, copyright and patent exceptions, as well as trade secrets are discussed.

Second, the GDPR is critically assessed. In principle, data controllers are not allowed to use algorithms to take decisions that have legal effects on the data subject’s life or similarly significantly affect them. However, when they are allowed to do so, the data subject still has the right to obtain human intervention, to express their point of view, as well as to contest the decision. Additionally, the data controller shall provide meaningful information about the logic involved in the algorithmic decision.

Third, this paper critically analyses the first known case of a court using the access right under the freedom of information regime to grant an injunction to release the source code of the computer program that implements an algorithm.

Only an integrated approach – which takes into account intellectual property, data protection, and freedom of information – may provide the citizen affected by an algorithmic decision of an effective remedy as required by the Charter of Fundamental Rights of the EU and the European Convention on Human Rights.

Recommended citation: Guido Noto La Diega, Against the Dehumanisation of Decision-Making – Algorithmic Decisions at the Crossroads of Intellectual Property, Data Protection, and Freedom of Information, 9 (2018) JIPITEC 3 para 1

There is an increasing interest in the ethical design of robots. As evidence of this fact, one may refer to some recent reports and the European Parliament’s resolution on civil law rules on robotics.The latter will be the primary focus of this analysis since the EU Parliament is the first legal institution in the world to have initiated work of a law on robots and artificial intelligence. The European strategy on robotics seems affected by two main problems: an excessive emphasis on ethics at the expense of security, and more gen-erally, a lack of awareness of the critical role played by the operation of striking a balance between competing interests. Balancing is pivotal to the interpretation and application of the law. And the current development of AI technologies does not enable the delegation of the operation to robots. Certainly, the most controversial point regards the status of robots as electronic persons. Even though the suggestion may seem extreme, it may prove to be successful, for at least three reasons. First, robots are becoming more and more similar to humans (anthropomorfisation and AI). Second, humans are becoming increasingly akin to robots (artificial enhancement). Third, the robot’s legal personality would be profitable for the robotic industry.

A evolução tecnológica na área da comunicação e da informação no ciberespaço oferece novas e diferentes possibilidades de futuro, mas pode representar uma afronta aos direitos fundamentais da privacidade, da proteção aos dados pessoais e ao acesso à informação. A partir dessa constatação, analisa-se as perspectivas jusfilosóficas do uso do poder da informação na era da sociedade em rede, com o fim analisar o modo como as tecnologias de violação da privacidade e dos dados pessoais na Web, em especial por meio da Deep Packet Inspection (DPI), representam uma ameaça aos direitos humanos,buscando responder se o acesso à Internet e os direitos de proteção dos dados pessoais e da privacidade dos usuários, podem ser compreendidos como direitos indispensáveis à condição humana.
Palavras chave: Privacidade. Poder da Informação. Ciberespaço. Direitos Humanos. Deep Packet Inspection.

In: ROVER, A. J.; SANTOS, P. M.; MEZZAROBA, O.. (Org.). Governo eletrônico e inclusão digita. 1ed.Florianópolis: Conceito Editorial, 2014, v. 1, p. 157-174.

The attempt to establish a unified taxonomy for the field of Information Ethics is both unattainable and unwarranted. The categorization of Information Ethics as a defined discipline, an applicable practice, a philosophy and a worldview remains constantly in flux due to, what Luciano Floridi terms, ‘philosophical naturalism’. As such, a broadening understanding of the field will only serve to further collapse categorization. The following paper will outline, using a discourse analysis methodology, how the nature of the field of Information Ethics at a foundational level must necessarily defy classification. The assumptions behind the current classifications of the field will be questioned. Beginning with the history of the inception of the field through Librarianship and Cybernetics and questioning the yet unresolved ontological debates between information philosophers such as Rafael Capurro and Floridi, this paper will explicate how any such attempt to develop an agreed upon taxonomy will and should always remain incomplete.

Growth of e-commerce in India is posing significant legal and regulatory
challenges. Deficiencies exist despite significant amendments and introduction of secondary legislation. This paper has been written with an object to highlight deficiencies in information technology legislation governing e-commerce in India. Content analysis of information technology and other relevant legislation/literature revealed that, the IT Act partially address issues like legal validity of electronic transactions, security, content regulation, intermediary liability and jurisdiction, whereas areas like junk mail and spamming, intellectual property, payment, taxation of e-commerce transactions, and consumer protection are unaddressed. This paper fulfills the identification of ten major components of e-commerce value chain vis-à-vis the Information Technology Act and signalizes key deficiencies. Information in this paper is useful for policy and decision makers in government and e-commerce businesses.

"Cloud Computing. In Search of Lost Law in the Web 3.0" is one of the most complete essays on the cloud, giving informations on a bunch of aspects related to the considered technology, such as privacy, cybersecurity, disaster recovery, copyright, e-Government, e-School, e-Health, servitization, consumer protection, SMEs protection, right to access the Internet, green cloud and contracts, with some considerations of philosophy of law and general legal theory on the evolution of the property paradigm and on third enclosure movement. The esssay has been made studying all the relevant international, european, national and regional normative acts, included soft law instruments and the comparative analysis. Case law and the literature are central, with a multidisciplinary approach that makes capital of a number of computer science articles.

1. Cenni introduttivi e precisazioni metodologiche. - 2. La sfida tecnologica al diritto e ai diritti. - 3. Il cloud computing e la terza fase dell’era digitale. - 4. Per un inquadramento giuridico trasversale della nuvola. - 5. La protezione dei dati fra profili securitari e riservatezza. Soft law e armonizzazione per via contrattuale. - 6. Amministrativizzazione del diritto e disaster recovery. - 7. Il diritto d’autore, la terza enclosure e il nuovo paradigma appropriativo dell’immateriale. - 8. La modernizzazione delle amministrazioni: e-Government, e-School ed e-Health. - 9. La nuvola e il settore R&S. Qualche cenno a Horizon 2020. - 10. Diritto della crisi, servitization, transizione digitale e tutela degli attori deboli del mercato. - 11. La rilevanza per i diritti fondamentali. Il diritto ad Internet e il green cloud. - 12. Contratti cloud. Problema tassonomico e asimmetria di potere nei contratti alieni. - 13. Osservazioni conclusive

Il presente saggio intende mettere a fuoco il fenomeno del
cloud computing, tentando di setacciare i frammenti normativi dispersi in un fiume di norme difficilmente componibili a sistema, al fine di ricostruire il quadro giuridico vigente in materia. La certezza e la conoscibilità del diritto sono esigenze che si fanno viepiù pressanti in un terreno, come quello in esame, ancora tutto da dissodare e l’ignoranza del quale può a ragione far temere, con la prozia Léonie nella Recherche, che « la journée ne se passera pas sans pluie ». Ed è alla luce dell’attuale incertezza che si spiega il singolare fenomeno per cui, secondo una ricerca del 2014, gran parte delle imprese italiane ha familiarità con la nuvola informatica, laddove solo una sparuta minoranza ha già iscritto in bilancio una posta per la transizione verso il nuovo paradigma. Non ci si limiterà a porre nel buratto il diritto positivo tradizionalmente inteso (sovrastatale, nazionale e regionale), ma, altresì, strumenti di soft law interni ed europei, nonché i contributi di autorità amministrative indipendenti e le riflessioni della più attenta
dottrina anche extra-giuridica. Ciò nella convinzione che l’interdisciplinarità in questo campo non sia una scelta rimessa alla discrezionalità del singolo, ma un imperativo epistemologico. Chiudendo quante alle premesse metodologiche, si precisa che, dopo aver descritto il funzionamento della nuvola informatica e aver dato conto di alcuni documenti normativi a carattere generale, si procederà a una ricostruzione di tipo tematico, in modo tale da fornire, tanto al teorico, quanto al pratico, un agile strumento di lavoro, che allevî dalla faticosa lettura della congerie di atti riguardanti il cloud, potendosi concentrare anche solo sugli aspetti di contingente interesse.

THIS IS ONLY FOR RESEARCH PURPOSES. NO COMMERCIAL USE IS PERMITTED

Electronic commerce (e-commerce) is widely considered the buying and selling of products over the internet, but any transaction that is completed solely through electronic measures can be considered as e-commerce. E-commerce may have large economic effects in the future. Internet commerce will change the face of business forever. Moreover, it has affected the information technology, economic, social, and e-commerce has enhanced the productivity growth worldwide in the 21 st century. The impact of e-commerce on developing countries for reducing inefficiencies for trading and to increase productivity in terms of economies with competitors internationally. There are many ways to accelerate the growth of productivity by cutting costs, increasing efficiency and reducing time and distance, e-commerce could become an important tool for development and growth in all sectors. Information security framework is specifically applied to the components that affect e-commerce that includes computer security, data security, and other wider realms of the information security framework. E-commerce security has its own particular nuances and is one of the highest visible security components that affect the end user through to obtain e-trade finance and equity investment, tourism and its internet incarnation.

The advancement of Information Technology has hastened the ability to disseminate information across the globe. In particular, the recent trends in 'Social Networking' have led to a spark in personally sensitive information being published on the World Wide Web. While such socially active websites are creative tools for expressing one's personality it also entails serious privacy concerns. Thus, Social Networking websites could be termed a double edged sword. It is important for the law to keep abreast of these developments in technology. The purpose of this paper is to demonstrate the limits of extending existing laws to battle privacy intrusions in the Internet especially in the context of social networking. It is suggested that privacy specific legislation is the most appropriate means of protecting online privacy. In doing so it is important to maintain a balance between the competing right of expression, the failure of which may hinder the reaping of benefits offered by Internet technology.

Legal issues of service robotics and drones from an Italian perspective. Civil and criminal liability, privacy and data protection, digital forensicsand cybersecurity, intellectual property.
Editors: Claudio Artusio, Monica A. Senor.
Authors: Mauro Alovisio, Carlo Blengino, Marco Ciurcina, Giovanni B. Gallus, Guido Noto La Diega, Ugo Pagallo,
Massimo Travostino, Giuseppe Vaciago, Paolo Zampella.
Thanks for their contribution to Gian Piero Fici, Alessandro Mantelero, Federico Morando.

Ricognizione dell'assetto normativo rilevante nell'ambito della robotica di servizio: stato dell'arte e prime raccomandazioni di policy in una prospettiva multidisciplinare.

• Every day, digital platforms generate, gather, store and analyze a huge amount of data, personal data included: these data can be elaborated on to cluster individuals and offer personalized prices and services. • Individuals are progressively losing control over their personal data and digital identities and, accordingly, data protection authorities are looking at the operations of these digital platforms carefully. • This paper addresses the issue of a possible commingling of data protection rules and antitrust provisions and the lively global debate between those who call for strong antitrust intervention to buffer privacy risks and those who would keep antitrust law at bay.

""Abstract.
You are about to start an important journey.
Recently, nations depend more in cyber networks to bring national prosperities, and provide government with various services. But these networks intrude, destruct and attack our property, privacy, economy, social life in a way which is harmful.
This paper presents important issues on the what, when, where, who, which and how are the Liabilities of Intellectual Property in the Cyber Space, the reaction of competition laws on intellectual property disputes in the cyberspace, and Competent Authority in solving the disputes. The paper consists of four parts in Romanic Numbers.
The attempt here is simply to familiarize the reader with a careful understanding of the term Liability, history, and types of Liability and how these have been affected in the Information Age.
In Part II, one has to know the concept of Intellectual Property; this will include meaning, background, types and their Liability in Information Age.
Part III will explain on Uncompetitive Behaviours, especially on Competition Liability and Competent Authority dealing with various competition disputes involving Intellectual Property in Information Age.
And finally the Personal Assessment basically in Tanzanian Laws in respect to intellectual property and competition in Information Age (Part IV).
""

Збірник матеріалів ІІI-ої Міжнародної науково-практичної конференції 7 грудня 2018 р. Львів Растр-7 2018 УДК 347.77:004] (477) І-92 Розглянуто і рекомендовано до друку Вченою радою Навчально-наукового Інституту права та психології Національного університету "Львівська політехніка" (протокол № 5 від 24 листопада 2018 р.) Упорядник : Бачинський Т. В. -керуючий партнер АО «BK Partners», кандидат юридичних наук Радейко Р. І. -асистент кафедри адміністративного та інформаційного права Навчально-наукового інституту права та психології Національного університету "Львівська політехніка", кандидат юридичних наук Відповідальний за випуск: Бортник Н. П. -завідувач кафедри адміністративного та інформаційного права Навчально-наукового інституту права та психології Національного університету «Львівська політехніка», доктор юридичних наук, професор І-92 ІТ право: проблеми та перспективи розвитку в Україні: збірник матеріалів ІІІ-ої Міжнародної науково-практичної конференції (Львів, 7 грудня 2018 р.). -Львів: Растр -7, 2018. -176 с. ISBN 978-617-7726-52-3

What kind of buildings will our descendants inhabit in the far future? Will the expected drive towards space colonisation lessen the difference between mobile habitats (e.g. spaceships) and fixed habitats (e.g. planet-based buildings)? What role will computing technology have in these new kinds of habitat? How might current developments such as intelligent embedded-agents, pervasive networking, and biotechnology help to shape our future? In this paper we examine the impact of computing technology in current building services, and discuss some of the possibilities for the coming millennium.

The famous saying that "Your freedom ends where my nose begins" 1 may, in the electronic era, be transformed to mean "Your freedom ends where my 'Network' begins". The progression into an e-literate society in which the electronic medium is used to transact all forms of business -including government (e-governance) -has greatly increased the need to protect the privacy of the individual from invasions not only by the State, but also from others who seek to profit from such intrusions. This paper probes into the latest trends in modern technology and analyses the existing legal framework in Sri Lanka and India in support of the argument that the right to privacy must be guarded as a constitutional right.

Electronic commerce—conducting business through network technology—will significantly impact the global economy and play a vital part in future economic development. Europe and the United States are currently seen as the main beneficiaries of such growth, but countries such as India and China with their huge pools of technologically skilled manpower
have exceptional opportunities. A number of developing countries have pursued policies to formulate a consistent legal and regulatory framework to support electronic transactions
across state, national and international borders. The development of the appropriate legal framework has required substantial re-thinking of traditional legal approaches. Many legal rules assume the existence of paper records, documents, signatures, physical cash, cheques, face to face meetings, and so on. As more transactions are carried out by electronic means, it becomes important that evidence of these activities be available to demonstrate the ensuing legal rights and obligations. India’s Information Technology Act 2000 provides a legal framework so that transactions are not denied legal effect, validity or enforceability solely because they are in electronic form. In this paper, we will outline the economic impact of e-commerce on the developing countries and review the main provisions of the Information and Technology Act 2000 in the context of contractual, jurisdictional, security, and regulatory issues. The Act will be contrasted with similar provisions in Europe, the United States and South East Asia.

This article sheds light on the pressing issue of software patents by giving an account of the approaches followed in Europe, the US and India. The occasion of this study is the adoption in 2016 of the final version of the Indian guidelines on the examination of computer-related inventions, which have been surprisingly overlooked in the legal literature. The main idea is that the Internet of Things will lead to a dramatic increase of applications for software patents and if examiners, courts, and legislators are not careful, there is a concrete risk of a surreptitious generalised grant of patents for computer programs as such (in Europe) and for abstract ideas without inventive concept (in the US). The clarity provided by the Indian guidelines, following a lively public debate, can constitute good practice that Europe and the US should take into account. Conversely, the sea of patent software looks very stormy in the US, where, after some reversals of the leading case Alice Corp v CLS Bank International, there seems to be the risk of swelling the ranks of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies. Some good news, however, comes from a dissenting opinion that innovatively suggests bringing free speech into the reasoning on patents.

PLEASE CITE AS: Guido NOTO LA DIEGA, Software patents and the Internet of Things in Europe, the United States, and India, in European Intellectual Property Review, 2017, 39(3), 173-184.

With the rapid development of artificial intelligence have come concerns about how machines will make moral decisions, and the major challenge of quantifying societal expectations about the ethical principles that should guide machine behaviour. To address this challenge, we deployed the Moral Machine, an online experimental platform designed to explore the moral dilemmas faced by autonomous vehicles. This platform gathered 40 million decisions in ten languages from millions of people in 233 countries and territories. Here we describe the results of this experiment. First, we summarize global moral preferences. Second, we document individual variations in preferences, based on respondents' demographics. Third, we report cross-cultural ethical variation, and uncover three major clusters of countries. Fourth, we show that these differences correlate with modern institutions and deep cultural traits. We discuss how these preferences can contribute to developing global, socially acceptable principles for machine ethics. All data used in this article are publicly available.

RESUMO: A Constituição Federal do Brasil, no artigo 5º, inciso X, assegura a inviolabilidade da vida privada, da intimidade e da honra como um direito fundamental. O Marco Civil da Internet instituiu, no Brasil, diversidade de princípios e parâmetros para a regulação da internet no país. Observa-se, assim, a existência de uma lacuna no sistema jurídico brasileiro, de norma e infraestrutura, para a efetivação da garantia ao direito à proteção dos dados na internet como em outros países. Esta pesquisa busca responder em que medida a norma jurídica brasileira esta adequada como resposta aos atos de vigilância e monitoramento de informações e dados pessoais dos usuários praticada pela NSA – National Security Agency, a partir dos objetivos de (i) observar e mapear a interação de diálogos sociais e institucionais dos Estados Unidos na formação do backlash do caso NSA vs. Edward Snowden; (ii) observar e mapear os resultados da formação do backlash do caso NSA vs. Edward Snowden a partir do reconhecimento da violação do direito à privacidade e à proteção dos dados pessoais como violação de direitos humanos; (iii) observar e mapear as normas jurídicas brasileiras constituídas a partir da compreensão jurídica da internet e as repercussões do caso NSA vs. Edward Snowden. A pesquisa desenvolve o método de análise do mapeamento crítico, analisando comparativamente a interação de diálogos sociais e institucionais nos Estados Unidos na formação do backlash no caso NSA vs. Edward Snowden, relacionado à vigilância e monitoramento de dados e informações pessoais pela agência estadunidense. O mapeamento crítico proposto nessa pesquisa leva em consideração os marcos regulatórios para a governança da internet no Brasil, e que tenham por escopo assegurar a proteção jurídica do direito à privacidade, à inviolabilidade dos dados pessoais, em equilíbrio com o direito ao acesso à informação, sobretudo em relação ao tema do estudo, que se concentra na compreensão de que a violação do direito à privacidade e à proteção dos dados pessoais configura uma transgressão aos direitos humanos. A pesquisa identifica que o Brasil possui normas jurídicas que atendem parcialmente aos anseios da sociedade em relação à proteção de dados pessoais, especialmente após a repercussão dos atos de vigilância em massa promovidos pelo governo dos EUA.

ABSTRACT: Brazilian Federal Constitution, Article 5, section X, ensure the inviolability of privacy, intimacy and honour as a fundamental right. The Brazilian Internet Bill of Rights (also called 'Marco Civil da Internet') instituted a diversity of principles and parameters for regulation of Internet in Brazil. Therefore, it can be verified the existence of a gap in Brazilian legal system, which cannot assure as effective guarantee to the right to data protection on the Internet as identified in other countries. This research seeks to analyze to what extent the Brazilian legal rules are appropriate to answer acts of surveillance and monitoring of information and personal data of users practiced by the NSA-National Security Agency. Its aim is (i) to observe and map the interaction between social and institutional dialogues in US in the backlash formation of the NSA vs. Edward Snowden case; (ii) to observe and map the results of the formation of the backlash of the NSA vs. Edward Snowden case through the recognition of the infringement of the right to privacy and protection of personal data as an infringement of human rights; and (iii) to examine and map Brazilian legal rules established based on a legal understanding of the Internet and the repercussions of the NSA vs. Edward Snowden. This research was developed through the method of analysis of critical mapping, comparatively analysing the interaction of social and institutional dialogue in the United States in the formation of backlash of NSA vs. Edward Snowden, which was related to the surveillance and the monitoring of data and personal information by the US agency. The critical mapping proposed in this study takes into account regulatory frameworks for the governance of the Internet in Brazil that have the scope to ensure legal protection of the right to privacy and inviolability of personal data, in balance with the right of access to information. The research emphasizes the understanding that the infringement of the right to privacy and the protection of personal data constitutes a violation of human rights. The study identifies that Brazil has legal rules that partially meet social concerns regarding the protection of personal data, especially after the impact of actions of mass surveillance promoted by the US government.

À supposer que, sur le plan politique, le type de gouvernement qu’exige le code ne soit pas totalement nouveau, il s’agit d’identifier, parmi les instruments et les méthodes de pouvoir, ceux adéquats et adaptés au code. L’ubiquité du code produit une structuration socio-anthropologique nouvelle. Elle joue ainsi un rôle analogue à celui des armes ou de l’argent. Toutefois, les moyens les plus pertinents pour gouverner le code se rapprochent plutôt des instruments de pouvoir relevant de la sphère religieuse. Foucault définissait le pouvoir pastoral comme une gouvernementalité qui ne s’exerce pas sur un territoire, mais sur des individus qu’elle vise, à la fois tous et chacun. L’individualisation et la bienfaisance forment un type de rapport fondamental entre les hommes et un pouvoir transcendant. Ce dernier, pour mériter d’être appelé pastoral, doit se manifester par son zèle et son application indéfinie à la vie des hommes sur lesquels il veille. Foucault pensait, certes, à la religion et à la puissance divine, mais son schéma reste valide au-delà de cet exemple. Omniprésent dans la vie de chacun, le code constitue dans la société de l’information une transcendance par rapport au niveau des utilisateurs. Contrairement à la divinité qui fait objet de croyance non empirique, le code est matériellement écrit par des milliers d'informaticiens, pour qui la signification de chaque ligne est supposée être claire. Cependant, même s’il est fabriqué par des experts, le code agit sur l’utilisateur comme un pouvoir opaque quoique directement présent. Il se caractérise par l’ubiquité, l’opacité, l’individualisation, la promesse du bien et la veille continue sur l’utilisateur ainsi que la non-territorialité. Or, ce sont des propriétés permettant d’établir une analogie entre le pouvoir du code et le pouvoir pastoral. Limitée mais instructive, cette analogie permet de se demander si, et comment, l'homme imite les valeurs du code.

Lo studio consta di due parti. La prima attiene al rapporto tra informatica e teoria giuridica del documento (e segnatamente di quella parte che ne esamina le caratteristiche fisiche). La seconda tende alla ricostruzione dell'articolata disciplina positiva sul documento informatico e le firme elettroniche, quale emerge da una pluralità di fonti sia nazionali sia europee. Più nel dettaglio, nella prima parte del volume si tenta di isolare la nota caratteristica del documento informatico e di indagarne, sul piano giuridico, le ricadute. Nel far ciò, si giunge ad identificare il documento informatico in un'astratta sequenza di valori binari che - analogamente alle note musicali che compongono una partitura - costituisce un bene immateriale (corpus mysticum secondo il linguaggio della tradizione), da non confondersi con il bene - tuttora necessariamente materiale - che dà forma tangibile alle singole repliche (corpus mechanicum). Inoltre, all'immaterialità e, quindi, all'irriducibilità dell'istrumento digitale ad un oggetto determinato, unico ed irripetibile si imputano numerose conseguenze pratiche. Tra le quali, per importanza, si segnalano: a) l'assoluta incompatibilità fra il documento informatico e la sottoscrizione autografa; b) l’inidoneità dello stesso a soddisfare il meccanismo giuridico dell’incorporazione reale del diritto di credito; c) l’inconciliabilità tra il documento informatico ed il requisito formale dell'olografia. Nella seconda parte della monografia, invece, si tratta delle diverse tipologie di documento in formato digitale: da quello privo di firma elettronica, all'atto pubblico informatico redatto da notaio. Segue, in conclusione, una sezione dedicata alla data del documento informatico e alla procedure di validazione temporale.

The internet, in view of its expanse and the anonymity it offers to users, has posed significant challenges in the enforcement of Intellectual Property (IP) rights. This has motivated IP right-holders to alter their approach to IP enforcement–thus, instead of attempting litigate against individual infringers, they have shifted their focus to intermediaries that provide access to or host online content. The purpose of this article is to consider whether the current procedural laws in Sri Lanka provide a basis for IP right-holders to seek injunctive relief against Internet Service Providers (ISPs) with the aim of compelling such intermediaries to adopt technical measures that block access to infringing online content–such injunctions being popularly known as 'blocking injunctions'. It is concluded that neither the Intellectual Property Act 2003, the law governing the protection and enforcement of IP rights in Sri Lanka, nor the provisions in the Judicature Act 1971 or the Civil Procedure Code 1889 provide a proper legal basis for injunctions that could compel an ISP to implement blocking measures.

Smart contracts are digital protocols able to automatically execute, or even enforce, predefined contractual provisions, using a block chain technology. Based on computer code instead of law, smart contracts feature numerous benefits which lower the transaction costs and can potentially facilitate the access to justice. The question of their relation with the legal system has remained largely unanswered. This text aims to provide a lawyer’s view on a topic discussed thus far mainly by IT professionals. The essay introduces technologies on which smart contracts are based, as well as some related concepts. The most important advantages and possible development of smart contracts are also discussed.

Today's technology has enabled internet intermediaries to greatly expand their access, storing and linking functions and provide highly advanced interactive online services. As such, these intermediaries are more fittingly described as Online Service Providers (OSPs). This transformation has enabled businesses to utilize novel techniques in reaching relevant online consumers, while at the same time providing those consumers with relevant information and an increased freedom of choice. In the midst of these technological advancements, trademark owners have often sought to hold OSPs accountable for third party trademark infringement resulting from the infringing conduct of their users. Yet, in the Australian context, the doctrinal requirement that a trademark must be used 'as a trademark' and the wide section 123 defence available in the Trade Marks Act 1995 (Cth) that exempts those who deal with goods on which trademarks have been placed with the trademark owner's consent, gives rise to difficulty in extending the scope and application of the Trade Marks Act 1995 (Cth) to OSPs. The lack of any provision in the Trade Marks Act 1995 (Cth) dealing with indirect trademark infringement adds to the problem. In the circumstances, reliance has to be placed on common law principles * Research Higher Degree candidate, http://ijlit.oxfordjournals.org/ Downloaded from to extend the application of the Trade Marks Act 1995 (Cth) to OSPs. Yet, the exact parameters of such an extension remain uncertain.

This paper attempts to make an analysis on the legal frameworks governing SIM Banking as a subset of e-banking on the laws and practice as well as its role towards availability of banking services in Tanzania. Its main purpose is to examine the legal challenges brought by development of ICT in the country, laws governing its operations and practice of SIM Banking in operations and practice of banks in exposition of their obligation to the people of this country.
The use of a mobile phone to conduct payment and banking transactions in Tanzania is growing at a significant rate. SIM Banking offered by CRDB Bank holds the prospect of offering a low cost and accessible transaction banking platform anywhere without going to the bank.
On January 29, 2010 the Tanzanian Parliament passed the Electronic and Postal Communication Act (EPOCA) of 2010, where many peoples expected the law to address the issue of e-banking as we was in deed in practice of e-banking. Nevertheless, the Act regulates electronic telecommunication and not e-commerce where SIM Banking is a subset.
In the absence of legislation, consumers were at risk and cyber criminals utilized the gap to affect their illegal acts.
After a long debate since the enactment of EPOCA and increasing of crimes by using lacuna of law in perpetrating crimes, the government enacted The Cybercrimes Act, 2015 and The Electronic Transactions Act, 2015 to establish institutional frameworks governing electronic transaction, giving protection to consumers and related matters. These two laws are expected to create awareness among the societies in regard to electronic transaction.

The use of digital technologies in mental health initiatives is expanding, leading to calls for clearer legal and regulatory frameworks. However, gaps in knowledge about the scale and nature of change impede efforts to develop responsible public governance in the early stages of what may be the mass uptake of ‘digital mental health technologies’. This article maps established and emerging technologies in the mental health context with an eye to locating major socio-legal issues. The paper discusses various types of technology, including those designed for information sharing, communication, clinical decision support, ‘digital therapies’, patient and/or population monitoring and control, bio-informatics and personalised medicine, and service user health informatics. The discussion is organised around domains of use based on the actors who use the technologies, and those on whom they are used. These actors go beyond mental health service users and practitioners/service providers, and include health and social system or resource managers, data management services, private companies that collect personal data (such as major technology corporations and data brokers), and multiple government agencies and private sector actors across diverse fields of criminal justice, education, and so on. The mapping exercise offers a starting point to better identify cross-cutting legal, ethical and social issues at the convergence of digital technology and contemporary mental health practice.

La presente obra constituye un verdadero tratado de Derecho de las telecomunicaciones en el que se contiene un estudio completo y sistemático del régimen jurídico de las telecomunicaciones adaptado a la Ley 9/2014. Su  nalidad es ofrecer al lector una visión global y actualizada de la ordenación de este sector a partir de un análisis integral que trasciende del simple comentario de la Ley que lo regula. Este análisis es el resultado del esfuerzo común de especialistas de distinta procedencia (empresa, despachos de abogados, universidad, administraciones) que han puesto en común sus conocimientos y sus distintos puntos de vista para facilitar la comprensión de un sector complejo y en continua transformación. En el presente trabajo se abordan las instituciones clásicas que estructuran el sector y que se han visto recientemente transformadas (como la regulación de los mercados, la separación funcional o el despliegue de las redes) junto a cuestiones de actualidad (como la regulación de los operadores Over the Top, la neutralidad de la red, etc.).

Die Digitalisierung schafft neue Spielregeln für den Wettbewerb und sie verändert die betriebliche Umgebung un-unterbrochen. Es stellt sich die Frage, wie die Unternehmen in ihrem Angebot und Geschäftsmodell darauf reagieren können. Agilität ist heutzutage das Schlüsselwort und das aktuelle Thema der Unternehmensführung.
Agile Softwareentwicklung ist ein Sammelbegriff für eine Reihe von Methoden und Praktiken, die auf Werten und Prinzipien des Manifests Agiler Softwareentwicklung  basieren. Die Kernidee besteht darin, die Prozesse möglichst einfach und somit beweglich (=agil) zu halten. Komplexe Softwareentwicklungen werden heutzutage fast  immer agil durchgeführt, was für die Vertragsgestaltung eine Herausforderung ist. Die allgemeingültigen Konzepte stoßen bei bestimmten IT-Verträgen an ihre Grenzen. Dieser Beitrag, der sich näher mit dem Bereich des IT-Vertragsrechts befasst, untersucht agile Methoden aus der rechtlichen Perspektive. Der Fokus liegt auf der Frage des anwendbaren Vertragstyps in der Vertragsgestaltung, der mangelhaften Erfüllung des  Vertrags, der Vergütung und den urheberrechtlichen Aspekten der agilen Softwareentwicklung.

In October 2018, the European Parliament passed a resolution on distributed ledger technologies that recognised blockchains’ potential to disrupt copyright and creative industries. The aim of this chapter is to examine blockchain technologies and provide an assessment of their disruptive potential upon the legal sphere of intellectual property, and in particular copyright in the music industry. In order to do so, this chapter will start off by clarifying that the blockchain does not exist, because there are several different types of blockchains and, accordingly, different legal and regulatory issues are involved. After identifying the type of permissionless blockchain that is analysed in this chapter – that is permissionless, Turing complete, open, distributed, peer-to-peer, transparent, tamper resistant and censorship resistant –, we move on to identify the definitional and non-definitional features of blockchain technologies. For the blockchain to unleash its disruptive potential, it must be clarified whether it complies with existing laws and whether new regulations are needed. Should existing regulations be found insufficient, only then a serious discussion around new regulations could be started and this should take into account the necessity not to stifle innovation, the level of development of the relevant technologies, the importance of involving all the stakeholders and to place the discussion at a supra-national level. The focus of the chapter is to critically assess whether public permissionless blockchains can be used to disrupt intellectual property law by resolving some of the problems in copyright law, with particular regard to the issues of copyright registration, infringement, and transactions. It will be shown how the blockchains can resolve the registration issues by allowing forms of tamper-resistant, censorship-resistant, user-friendly, and privacy-friendly copyright registration. As to infringement, the blockchains can prevent it by making it easier for copyright owners to track the use of their works and for music consumers and new intermediaries such as Spotify and iTunes to identify the owners, seek a license, and pay the royalties. Finally, smart contracts could be used to automate licensing and as forms of digital rights management, but this could be criticised from an efficient breach perspective, as well as by pointing out the difficulties of this technology in coping with copyright exceptions or defences. It is perhaps too soon to conclude that a 10-year-old technology will ultimately disrupt copyright, but there are already some indications that the Ethereum-type blockchains’ features will radically change copyright by fixing some of its most urgent problems.

The aim of this research work is to establish the undeniable changes the advent of Internet and social networking has brought about in the field of Politics. As the internet assumes a massive role in political activism, campaigns and governance, it becomes evident that the internet is changing the way politics works. The tangible effects of social media are now coming to prominence as we see immediate consequences of various online campaigns, exposés and information leaks shift from the virtual world to the real. Natural human tendency to form clusters with likeminded individuals is leading to online political polarization of potential voters. Social Media is a volatile force that can both forge and demolish political careers and institutions. This is examined through various cases such as the Snowden-NSA scandal, the Narendra Modi internet campaign, the Obama Re-election campaign, the Assange-Wikileaks scandal and the Jasmine Revolution in China.
The aim of this paper is to establish the importance of allowing the internet to flourish without restrictions by any nation or political force. It is the exposure to divergent political viewpoints online that press people to initiate change and harness the power of a true citizens’ Government.

""This article explores the assumption that data processing based on consent is ancillary in the greater context of data protection, being only one of the six lawful bases for data processing. Moreover, the data protection draft regulation proposed by the European Commission in 2012 meets overwhelmingly the concerns regarding consent in data protection expressed on numerous occasions in the past years. Hence, the focus in data protection law should be, instead, on the development of efficient and clear provisions for handling data, which can be deemed as “suitable safeguards”, regardless of the bases of their processing. For instance, the rights of the data subject – access, information, erasure etc., purpose requirements and accountability rules are effective in all of the situations of data processing. This article proposes a set of such suitable safeguards which match the content and the purpose of the right to data protection.

Key-words: consent, draft regulation, rights of the data subject, suitable safeguards.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2261973