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  • The General Data Protection Regulation and its impact in Switzerland

    University of Fribourg; Université de Fribourg (Suisse); Henri Torrione; Thelisson, Eva (HAL CCSD, 2018-06-19)
    The thesis raises the question of the place that can or should be occupied by ex post facto control through civil action in data protection law.In Europe, the General Data Protection Regulation is a clear attempt to encourage civil action, either individually or collectively, in order to make data controllers and processors liable, to punish wrongful or negligent behaviour, and to guarantee compensation for damages suffered by data subjects in the event of a breach of the Regulation's provisions. Data protection law is inherently a right with economic implications, guided by economic considerations. The Regulation is an illustration of this: it waives the mechanism of prior authorisation for any processing of personal data, in order to promote the free flow of personal data within the European Union to support the creation of a single data market and facilitate technological innovation.It establishes an ex-post legal control based on general principles and a standard of "due care" for data controllers.It offers guarantees to users whose data are processed by recognising the right to bring class action lawsuits, which is a major innovation.The thesis focuses on the generalisation of a posteriori control by the Regulation, with the transformation of the personal data protection authorities into a supervisory authority a posteriori. This external and visible change corresponds to a profound transformation of the nature of personal data protection law, as established as positive European law by the Regulation: this positive European law of personal data protection becomes a law of an essentially economic nature, like antitrust law, which it now complements. Indeed, this law approaches the circulation of personal data in the same spirit as competition law approaches the free circulation of persons, capital, goods, etc., but whereas antitrust law focuses on the high cost (in terms of price of services or goods) due to certain questionable practices (cartel practices, for example), data protection law focuses on the high cost (in terms of invasion of privacy) of certain practices of data controllers (all those that do not comply with the Regulation).The study proposes to resume the debate on data protection in the technological context of the digital age to assess the impact of the General Data Protection Regulation in Europe and Switzerland taking into account innovations like Artificial Intelligence, Machine Learning, Robots, Blockchain, Internet of Things, BMI, Cloud and Edge Computing.
  • Hail to the thief: A tribute to Kazaa

    Rimmer, Matthew (University of Ottawa, Faculty of Law, 2005)
    This paper considers the ongoing litigation against the peer to peer network Kazaa. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: ’The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users - 60 million of them - are everywhere around the world.' In frustration, copyright owners have launched copyright actions against intermediaries - like Internet Service Providers such as Verizon. They have also embarked on filing suits of individual users of file-sharing programs. In addition, copyright owners have called for domestic and international law reform in respect of digital copyright. The Senate Committee on Government Affairs in the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer to peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 (US) in bilateral and regional free trade agreements.
  • IoT Privacy and Security: Challenges and Solutions

    Lo’ai Tawalbeh; Fadi Muheidat; Mais Tawalbeh; Muhannad Quwaider (MDPI AG, 2020-06-01)
    Privacy and security are among the significant challenges of the Internet of Things (IoT). Improper device updates, lack of efficient and robust security protocols, user unawareness, and famous active device monitoring are among the challenges that IoT is facing. In this work, we are exploring the background of IoT systems and security measures, and identifying (a) different security and privacy issues, (b) approaches used to secure the components of IoT-based environments and systems, (c) existing security solutions, and (d) the best privacy models necessary and suitable for different layers of IoT driven applications. In this work, we proposed a new IoT layered model: generic and stretched with the privacy and security components and layers identification. The proposed cloud/edge supported IoT system is implemented and evaluated. The lower layer represented by the IoT nodes generated from the Amazon Web Service (AWS) as Virtual Machines. The middle layer (edge) implemented as a Raspberry Pi 4 hardware kit with support of the Greengrass Edge Environment in AWS. We used the cloud-enabled IoT environment in AWS to implement the top layer (the cloud). The security protocols and critical management sessions were between each of these layers to ensure the privacy of the users’ information. We implemented security certificates to allow data transfer between the layers of the proposed cloud/edge enabled IoT model. Not only is the proposed system model eliminating possible security vulnerabilities, but it also can be used along with the best security techniques to countermeasure the cybersecurity threats facing each one of the layers; cloud, edge, and IoT.
  • Blown to Bits: Your Life, Liberty, and Happiness after the Digital Explosion [electronic resource].

    Abelson, Hal, Ledeen, Ken, Lewis, Harry, Addison-Wesley.
    Introductory text describing the history and current state of the worldwide digital revolution. The text presents both the background and technological advances of the "digital revolution" and discuss the it's implications and the social, legal and policy issues raised. Contents: 1) Digital Explosion: Why Is It Happening, and What Is at Stake. 2) Naked in the Sunlight: Privacy Lost, Privacy Abandoned. 3) Ghosts in the Machine: Secrets and Surprises of Electronic Documents. 4) Needles in the Haystack: Google and Other Brokers in the Bits Bazaar. 5) Secret Bits: How Codes Became Unbreakable. 6) Balance Toppled: Who Owns the Bits? 7) You Can’t Say That on the Internet: Guarding the Frontiers of Digital Expression. 8) Bits in the Air: Old Metaphors, New Technologies, and Free Speech.

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