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REVIEW: "Internet and Online Privacy", Andrew Frackman/Rebecca C. Martin/Claudia Ray

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  • Rob, grandpa of Ryan, Trevor, Devon & Ha
    BKINONPR.RVW 20030321 Internet and Online Privacy , Andrew Frackman/Rebecca C. Martin/Claudia Ray, 2002, 0-9705970-7-X, U$34.95/C$52.95 %A Andrew Frackman
    Message 1 of 1 , Apr 29, 2003
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      BKINONPR.RVW 20030321

      "Internet and Online Privacy", Andrew Frackman/Rebecca C.
      Martin/Claudia Ray, 2002, 0-9705970-7-X, U$34.95/C$52.95
      %A Andrew Frackman
      %A Rebecca C. Martin
      %A Claudia Ray
      %C 105 Madison Avenue, New York, NY 10016
      %D 2002
      %G 0-9705970-7-X
      %I ALM Publishing
      %O U$34.95/C$52.95 800-537-2128 www.lawcatalog.com
      %O http://www.amazon.com/exec/obidos/ASIN/097059707X/robsladesinterne
      http://www.amazon.co.uk/exec/obidos/ASIN/097059707X/robsladesinte-21
      %O http://www.amazon.ca/exec/obidos/ASIN/097059707X/robsladesin03-20
      %P 233 p.
      %T "Internet and Online Privacy: A Legal and Business Guide"

      I have, in reviewing other works that deal with online law, noted the
      limited utility of legal texts which address only, or primarily, the
      laws of the United States. As one would expect, this book, written by
      three Americans, and published by an outfit named American Lawyer
      Media, concentrates on American legislation. (In fact, I find it
      slightly ironic that a Canadian price is given on the jacket.)
      However, the analysis is so clearly written, and so rooted in Common
      Law and general legal principles, that I have very little compunction
      in recommending this work to anyone interested in the legal aspects of
      privacy, regardless of jurisdiction.

      The introduction states that this work is intended for both the legal
      professional and the lay audience. Indeed, there is an attempt to
      point out the business case for attending to privacy. It is noted
      that Doubleclick's plan to merge the surfing information that it had
      been collecting with a database of personally identifiable information
      that it had purchased resulted in a 40% drop in stock price before the
      plan was abandoned. In addition, there is a serious effort to
      emphasize the importance of international law, although not all
      sections of the book addressing the issue are successful.

      Chapter one demonstrates that definitions of privacy are problematic.
      Refreshingly, an understanding of technology itself is considered to
      be important. Unfortunately, this position is somewhat undermined by
      a bit of confusion in regard to the possibility of obtaining
      personally identifiable information from the "clickstream" (activities
      while surfing the Web), and a minor error when discussing IP
      addresses. The aforementioned business reasons for respecting privacy
      are primarily given in chapter two. The development of privacy
      regulation, in chapter three, is predominately based on US laws and
      cases, but, as noted, is also conceptual and therefore broadly
      applicable.

      Chapters four to nine deal with specific US legislation. Chapter four
      details the Children's Online Privacy Protection Act; five outlines
      the Gramm-Leach-Bliley bill (for financial institutions), the Health
      Insurance Portability and Accountability Act, Computer Fraud and
      Abuse, and Electronic Communications Privacy; six looks at state level
      versus federal jurisdiction; seven reviews case law (concentrating on
      email interception); eight discusses decisions in some class action
      civil suits; and nine examines Federal Trade Commission studies and
      decisions.

      The European Union directives are dealt with in depth in chapter ten.
      The US Safe Harbor program is reviewed in terms of principles, but,
      unfortunately, details and procedures are not covered. Chapter eleven
      provides brief but broad outlines of various international
      regulations. Corporate privacy policies are discussed in chapter
      twelve. Chapter thirteen has a brief overview of a number of privacy
      enhancing technologies, but no mention of legal issues that might be
      involved. Government monitoring, the keyboard logging system (KLS,
      aka Magic Lantern), Carnivore, and the Patriot Act are examined in
      chapter fourteen.

      This book is concise, readable, and valuable. There are some areas
      where one could hope for additional coverage and detail, but the
      concepts and basics are covered well. I would recommend this work to
      anyone interested in privacy issues, and particularly to those in the
      security industry who do not have an extensive legal background.

      copyright Robert M. Slade, 2003 BKINONPR.RVW 20030321

      --
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