Verlag Dr. Otto Schmidt, Köln - Table of Contents

Articles

• Brown, Neil, A Decentralised Approach to Online Trust Validation?, Looking behind and beyond the hierarchical certification authority model of trust, CRI 2013, 1-7
  Many websites use digital certificates, and the padlock icon in the browser is a familiar sight to many users visiting eCommerce sites in particular. Behind a digital certificate is a certification authority which, for most eCommerce sites, is a commercial enterprise.This article begins with an explanation of the online trust model as it exists today (I.), arguing that, whilst it would seem reasonable for a user to place his trust in a certification authority, it is not clear that such trust is necessarily well placed, with concerns around liability (II.), privacy (III.) and freedom of choice (IV.).The article analyses in depth a decentralised approach to online trust validation through observation-based notary servers (V.), whereby the user is no longer confined to trusting the certification authority picked by the website operator (VI.). The article explores the privacy benefits of this approach, concluding with a detailed discussion of liability of notary server operators, based on the tort of negligent misstatement (VII. and VIII.).

• Weber, Rolf H., Data Retention Revisited - Integration into the Data Protection Framework?, Why the goals of data retention are better comprehensively worked into the new Data Protection Framework proposed by the European Commission, CRI 2013, 7-15
  Apart from some generally vague data storage norms on the international level mainly the European Union implemented a comprehensive legal framework with the controversially assessed Data Retention Directive 2006/24. The competence of the Commission to release the respective rules is contested, the compliance of some provisions of this Directive with fundamental rights (particularly privacy rights) is doubtful, an appropriate coordination with the general Data Protection Directive 95/46 has not been sufficiently realized, and the implementation situation in the Member States is unsatisfactory. Notwithstanding the evaluation of the Directive 2006/24 in 2011, a follow-up action is still outstanding. The core of this article concerns the question whether some parts of this Directive could be considered as worth to become part of the in January 2012 proposed Directive on the protection of individuals with regard to the processing of personal data by the competent authorities for the purpose of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. This approach would allow to repeal the contested and only partially implemented Data Retention Directive without loosing its main objective, namely having those data retained which need to be available in the public interest for criminal investigations.

• Gercke, Marco, Regional Harmonization of ICT Legislation in ACP Countries, Valuable lessons on how to achieve global harmonization via regional harmonizations, CRI 2013, 15-18
  Between 2008 and 2013 the International Telecommunication Union (ITU) and the European Union (EU) co-funded a project designed to support the regional harmonization of information and communication technology (ICT) legislation in the African, Caribbean and Pacific Group of States (ACP). Within the first phase of the project experts from the regions and international experts jointly assessed existing legal frameworks and developed model policies and legislation. In the second phase, that will end in 2013, countries received support in the implementation of the policies and legislation. The experiences that were made during the very intensive work with more than 70 countries in parallel led to knowledge that could be valuable for similar projects.

• CRI 2013, 18-21
• CRI 2013, 21-24
• CRI 2013, 24-26

Updates

• Milligan, Robert / Mendelson, Jessica, USA: Theft of Trade Secrets Clarification Act, CRI 2013, 26-27
• van der Putt, Polo / Stallaert, Tessa, The Netherlands: Anonymous Route Information As Personal Data?, CRI 2013, 27-28
• Vandendriessche, Gerrit / Regout, Geoffroy, Belgium: Settlement between Google and Copiepresse - Google News, CRI 2013, 29
• Lloyd, Ian, UK: Information No Proprietory Right, CRI 2013, 29-31

About the Authors

• About the Authors, CRI 2013, 32

Articles

• Härting, Niko / Schneider, Jochen, Data Protection in Europe: An Alternative Draft for a General Data Protection Regulation, Alternatives to the European Commission’s Proposal of 25 January 2012, CRI 2013, S001-S018
• Härting, Niko / Schneider, Jochen, Datenschutz in Europa: Ein Alternativentwurf für eine Datenschutz-Grundverordnung, Alternativen zum Vorschlag der Europäischen Kommission vom 25.1.2012, CRI 2013, S019-S038