added 4 research items
In crafting new paradigms to balance the often competing demands of technological advancement and privacy, it is critical to treat the issue from an international perspective. Differences in politics, culture and even views regarding the benefits of certain technological advances argue against the creation of a truly universal paradigm. Using the differing treatment of individual privacy and service provider liability as analytical paradigms, this article contends that the lack of international standards at this time might not be so problematic as appears at first glance. Regulation before a particular technology is understood can result in over- or under- protection of privacy rights. Moreover, the present lack of international standards allows for greater experimentation in crafting acceptable boundaries in privacy protection, including, critically, focusing on greater consumer awareness of the intersections between technology and privacy. The international implications of the intersections between technology and privacy will only continue to grow. Part of the solution is to begin to create an international dialogue with a goal to establishing a middle ground and to include multinational organizations as part of the dialogue.
Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow’s infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answered by Larry Lessig’s reply that code may in fact be used to regulate cyberspace, but the reality is that social norming demands, the evanescence of technological controls and the perceived utility of illicit conduct utilizing the internet make any regulation problematic at best. Similarities between critical issues in the two areas suggest that some of the lessons learned in the hard-fought battles over legal protection for intellectual property in the digital world may provide guidance for the critical issues currently under discussion in the on-going efforts to establish international protection norms in the e-commerce domain. Compressed into ten lessons, involving such critical issues as the distinction between protected information in the hard goods world versus cyberspace, the role of technology, and the international needs of electronic communication, these lessons lead to the ultimate conclusion that in crafting rules, policy must be created with a firm view toward the special nature of the internet and in maintaining ts potential to level the commercial playing field to allow all countries to participate in their own economic and commercial development.