Judge on privacy: Computer code trumps the law

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The Judge's Point

It seems that what the judge was observing was that laws are not able to keep up with the speed of change in technology. The judge mentions an Australian law that was designed to protect individuals from losing control of their privacy; the judge blames Google and Yahoo for setting up techniques that made the law obsolete.

The failure of lawmakers to keep up or understand technology shows up in silly laws that meant well but miss the target or are the equivalent of locking the barn doors after the horses got out. Part of the problem is that they believe that all this technology is new, it isn't. What is new is the degree that information is available and the increasing number of sources for that information.

The better course to making practical laws for the information technology should be seen in terms of other older technology such as telephones, television/radio and even plain old mail. We have expectations of privacy on our telephones, barring legal wire taps; why can't we have similar expectations of privacy when we are on line? The lack of understanding has allowed a small group of people to take advantage of the uncertainties.

Sure the internet is open and public. But there are other places that are open and public, like the shopping malls. Would people allow the same invaasion of privacy while they shop in a mall as happens while they are on the internet?

The ending of the story about Sony and the US making an end run around a sovereign nation's supreme court is embarrassing. It does illustrate the judge's opinion that technology is able to overturn existing laws given sufficient pressure by another country in support of a quasi legal individual named Sony, INC.

The balances are between privacy and access, between legal solutioons and technical solutions. A good solution is possible; but only if there is a lot of discussion by a lot of different people. If we let a small group dictate the discussion we will get a solution that benefits the small group but no one else.

Posted by: sboverie@...   Posted on: 02/25/08 You are currently: a Guest | Members login | Terms of Use

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