Law shaping technology: Technology shaping the law1

Keynote speech presented at BILETA 2008, 23rd AnnualConference on ‘Law Shaping Technology; Technology Shaping the Law’, 27–28 March 2008, Glasgow Caledonian University (amended for publication).

Abstract

Although the original Data Protection Act in the UK was 1984, it was really only with the 1998 Act that data protection ever raised a murmur in the public consciousness.

Privacy is about our ‘right to be let alone’. (Louis Brandeis)

Protecting privacy is about protecting our sense of self.

The question has been raised: ‘What are sites such as Facebook doing to protect our data and our privacy?’ Consider a politician who takes all steps including injunction to prevent newspapers printing pictures of his children in order to protect their privacy, yet sends out thousands of Christmas cards showing those children – is that privacy, or hypocrisy? Maybe social networking sites have no obligation to protect our data – at least insofar as we have chosen to make it publicly available on those sites. Should law and society protect such blogs as free speech or protect those mentioned therein from having their information and exploits retained in perpetuity? I have focussed here on some of the data protection and privacy issues which appear to me to merit consideration. If the purpose of legal protection is to encourage creators, how does a music industry company such as Sony or Universal owning all the copyrights facilitate this purpose? How should the monopoly rights of content owners be reconciled with the rights of users? Is DRM compatible with permitted use under copyright law? If breach of data protection law should be punishable by financial penalty, how should breach in the public sector be handled, given that any penalty would simply be recycled? Should ISPs be required to police IP rights – and if so how does this fit with privacy concerns?

Keywords:

• privacy
• social networking
• copyright and DRM

Notes

Keynote speech presented at BILETA 2008, 23rd AnnualConference on ‘Law Shaping Technology; Technology Shaping the Law’, 27–28 March 2008, Glasgow Caledonian University (amended for publication).

Louis Brandeis in Olmstead v United States 1928 277 U.S. 438, 48. S. Ct. 564, 72 L. Ed. 944.

Helmond, A., How many Blogs Are There? Is Someone Still Counting?’, The Blog Herald, http://www.blogherald.com/2008/02/11/how-many-blogs-are-there-is-someone-still-counting/ (accessed March 2008)