[governance] web: AU judge on privacy: Computer code trumps the law

[linda misek-falkoff]

Yes thanks indeed for this link.

A comment from this e-desk:  here, I have hope, - that is trust - that
younger judges now coming onto the Bench will be much more savvy than those
laying down computer law in the past decades, often by judges who seldom or
never saw computers or used computing let alone networks. Since overcoming
precedent - *stare decisis* - can take a long time, more likely cases will
be "distinguished" from earlier decisions, ostensibly on the facts or the
law (tougher, usually)..

Those are general statements, above.  Specifically, it's a good thing that a
judge does see a mismatch between e.g. Internet and older modes of
communication; the latter much easier to reign-in when there are problems
(short of CyberSpread)..

In the 1990's  and someone else may have done better, but I did poorly
trying to convince judges that even though but a fraction of a 'nano'  away
but leached from elsewhere earthocentrically , *CyberLbel* effected people
universally and jurisdiction should 'attach' (courts can hear cases because
they see themselves as having jurisdiction).  That was the U.S. though, and
it happens Britain and I believe -  check me - Australia were and by report
maybe  still are willing to see points of views of folks on either side of
the :"V" ("versus") defendants and plaintiffs both.

A comment, interested in all views; and with continuing best wishes to all,

LDMF.
Linda D. Misek-Falkoff, Ph.D., J.D.
*Respectful Interfaces* .


On 2/23/08, Ian Peter <ian.peter at ianpeter.com> wrote:
>
> Justice Kirby's main point is very interesting - that Google and Facebook
> etc have effectively overwritten the long standing privacy principle that
> personal information should only be used for the purpose for which it was
> originally provided.
>
> That will in time change the legal landscape, not necessarily for the
> better. Thanks for the link!
>
>
> -----Original Message-----
> From: Sylvia Caras [mailto:Sylvia.Caras at gmail.com]
> Sent: 24 February 2008 07:06
> To: governance at lists.cpsr.org
> Subject: [governance] web: AU judge on privacy: Computer code trumps the
> law
>
>
>
>
> http://www.news.com/Judge-on-privacy-Computer-code-trumps-the-law/2100-1029_
> 3-6231713.html?part=rss&tag=2547-1_3-0-20&subj=news
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