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NG9-1-1, Cybersecurity, and Contributions to the Model Framework for a Secure National Infrastructure9-1-1 call networks form the foundation of emergency communications infrastructure. However, a lack of funding and taking such networks for granted has led to a gradual yet predictable outdating of this critical infrastructure. Fortunately, recent efforts have acknowledged as such, and dedicated public safety officials have worked to update 9-1-1 systems to Next Generation 9-1-1 (NG9-1-1). NG9-1-1 is an IP-based network with 21stcentury technology capable of handling increased call volume, more resilient networks, and providing significantly more data to first responders, among litany of other advancements. With this much needed advancement comes the responsibilities of ensuring a secure network. Although NG9-1-1 is a more secure network, what is to stop 9-1-1 networks from falling into the same underfunded situation as before? And more broadly, how can the U.S. government ensure a secure operating environment among a diverse range of stakeholders? In this article, we will analyze government cybersecurity funding and consolidation efforts, and look for a security first perspective to form the basis of NG9-1-1 cybersecurity.
Hyperlinks and Making Available Right in the European Union – What Future for the Internet After Svensson?Hyperlinks, or more simply links, represent a fundamental instrument for programmers to build websites and for users to navigate the web. The internet, as we know it today, is a complex and interrelated net of contents at the disposal of surfers: in this scenario, hyperlinks represent the wires through which this net is weaved. Indeed, thanks to links, websites interrelate to one another making it possible for users to gather, with a simple click, information scattered around several locations on the web. Moreover, linking has become today a crucial tool for the provision of old as well as new services. Think about search engines of all kinds whose functioning is based on links leading users to the webpages containing information that matches the keywords inserted in the query. Last but not least, linking has become an ordinary communication practice in social platforms where users post all kinds of digital content they wish to share with friends through the technique of so-called ‘‘inline’’ links. While the crucial role of linking within the structure and functioning of the internet is beyond doubt, linking practices have immediately attracted lawyers’ attention for their intrinsic capability of infringing third parties’ intellectual property rights of various kinds. As far as copyright is concerned, linking may present liability issues in several instances. On the one hand, liability could be found when the link itself is infringing: for example, when the link (i.e. the pointer) contains a set of words that together can be protected by copyright (for example, headline news) or when the pointer is represented by a clickable thumbnail image protected by copyright. On the other hand, liability issues may arise when the link is used as an instrument to point users to certain digital content which has not been released on the web with the author’s consent or it has not been released by the author at all. For the purpose of this paper, we will restrict this analysis to the question of whether the act of hyperlinking can amount to a direct infringement of copyright on the internet, specifically by violating the making available right introduced by Art. 3 of the Information Society Directive, a question recently referred to the Court of Justice of the EU by several national judges. The answer to this question is of paramount importance to the development of new online services for the benefit of internauts, but also to the protection of the freedom of expression which has always characterized the internet as we know it today.
Making the Time Fit the Crime: Clearly Defining Online Harassment Crimes and Providing Incentives for Investigating Online Threats in the Digital AgeThis Note examines online harassment and online stalking throughout the world, including the current landscape of Internet communication, the effects of cyberharassment and cyberstalking on its victims, and both the difficulties in defining these crimes in criminal codes and the difficulties in inspiring law enforcement to investigate complex internet crimes. Specifically, this Note discusses the problems inherent in current cyberharassment and cyberstalking treaties and legislation within the United States, Canada, and Australia. For example, this Note analyzes how these jurisdictions define cyberharassment and cyberstalking, how these definitions are inadequate for dealing with current forms of cyberharassment and cyberstalking (both due to inconsistencies between the definitions, as well as inherent roadblocks in proving the crimes as defined), and how the seriousness of these crimes as defined discourage law enforcement from using extensive resources to investigate these crimes. This Note then proposes a Model Statute that would amend existing U.S. federal law to consolidate definitions of cyberharassment and cyberstalking, to address existing difficulties in proving cyberharassment and cyberstalking crimes, and to address the ambivalence by law enforcement to investigate instances of cyberharassment and cyberstalking. These amendments would both empower citizens to better understand what conduct constitutes cyberharassment or cyberstalking, to more easily prove when cyberharassment and cyberstalking have or have not occurred, and to better empower law enforcement to delve into complex online investigations for cyberharassment and cyberstalking crimes.
Privacy and consumer risks in cloud computingWhile vaguely defined, and wide in scope, so-called ‘cloud computing’ has gained considerable attention in recent times. Put simply, it refers to an arrangement under which a user relies on another party to provide access to remote computers and software, whose whereabouts, including their jurisdictional location, are not known nor controllable by the user. In this article, we examine the privacy and consumer risks that are associated with cloud computing.
The Future of HIPAA in the CloudThis white paper examines how cloud computing generates new privacy challenges for both healthcare providers and patients, and how American health privacy laws may be interpreted or amended to address these challenges. Given the current implementation of Meaningful Use rules for health information technology and the Omnibus HIPAA Rule in health care generally, the stage is now set for a distinctive law of “health information” to emerge. HIPAA has come of age of late, with more aggressive enforcement efforts targeting wayward healthcare providers and entities. Nevertheless, more needs to be done to assure that health privacy and all the values it is meant to protect are actually vindicated in an era of ever faster and more pervasive data transfer and analysis. After describing how cloud computing is now used in healthcare, this white paper examines nascent and emerging cloud applications. Current regulation addresses many of these scenarios, but also leaves some important decision points ahead. Business associate agreements between cloud service providers and covered entities will need to address new risks. To meaningfully consent to new uses of protected health information, patients will need access to more sophisticated and granular methods of monitoring data collection, analysis, and use. Policymakers should be concerned not only about medical records, but also about medical reputations used to deny opportunities. In order to implement these and other recommendations, more funding for technical assistance for health privacy regulators is essential.