As we start work on the module I want to make a posting
which is perhaps rather different from the norm. If you have had the chance to
look back at previous postings you will realise that they normally relate to
topical issues. Today, I’m going to say a bit about myself and throw out some
opening thoughts about the module.
I live in Glasgow and that perhaps says a lot about the
potential of the Internet. I’m teaching this course for the University of
Southampton which is about 500 miles away. I visit Southampton maybe 3-4 times
a year and do the rest of my work over the Internet.
I’ve taught in the field of Information Technology Law for
about 25 years. It feels longer. My book
on IT law is now in its sixth edition and I have a new book on
Telecommunications Law due out early next year. Its aimed at the practitioner
market and is being sold at an eye watering £150.
I’m married to Moira – who you will also get to know on the
course – and we have 2 sons, Thomas and James.
Apart from the family another love of my life is Glasgow Celtic Football
Club. If you ever want to contact me to ask a favour, you might check to see
how we fared in our latest matches. We are doing quite well at the moment.
On to legal aspects of information security. We will start
by looking at notions of privacy and then put this into an IT context by
looking at what we in Europe call data protection - and the rest of the world know as privacy
protection. We will look at substantive provisions – such as the data subject’s
(you and me) right to obtain a copy of data about us which is held on a computer
– and then the internationally contentious issue of regulation of international
(Transborder) data flows. . We will then switch focus somewhat and look at the
topic of computer crime.
A few thoughts about privacy. It’s certainly seldom out of the news. I was
teaching in Tanzania a few weeks ago when the controversy erupted about the
publication of topless photos of the Duchess of Cambridge. Breach of privacy
was the cry. Three comments – or maybe points for you to ponder. Would anyone
have been interested if the photos had been of Katy Ordinary Person? In many respects the doctrine I linked to
publication which is likely to affect only a few people. A second comment. You cannot view the photos in any UK publication. I set my
Tanzanian students the task of finding copies on the Internet. Time taken, less
than 10 seconds. Third comment and
perhaps related to the previous one.
Traditional media outlets do try (generally) to comply with the law and can face sanctions if they fail. I have a
lawyer friend who is employed by a newspaper to read the text of every issue
before it is published to ensure that it does not contain anything which is
defamatory. Blogs and web sites are seldom so scrupulous. Last year, a famous
English footballer secured an injunction to prevent publication of details of
his private life (an affair with his brother’s wife). The injunction prohibited
publication of anything that might identify him. At least initially, the
injunction was observed by the
mainstream media. Again, you could go on
to the Internet and a couple of Google searches later you had all the salacious
details. By my reckoning, however, 3 other footballers were (presumably)
falsely identified on different web sites. Power without responsibility?
