NETWORK WORLD NEWSLETTER: GIBBS & BRADNER 10/28/04 Dear [EMAIL PROTECTED],
In this issue: * Net Insider columnist Scott Bradner finds the lack of ��understandable localization of authority on the Internet ��troubling * Links related to Gibbs & Bradner * Featured reader resource _______________________________________________________________ This newsletter is sponsored by Nokia NW Special Report: Preparing an Infrastructure for Mobile Applications. Mobility, properly done, increases productivity and decreases operating costs. So get up to date information about building a mobile infrastructure, dealing with security issues, the latest networking options, connectivity alternatives and operational support enhancements. http://www.fattail.com/redir/redirect.asp?CID=85574 _______________________________________________________________ NOW AVAILABLE! Networking for Small Business website Get all the combined Small Business advice, authority, and know-how from the experts at NW Fusion and PC World distilled into one powerful resource, the new Networking for Small Business website. Find everything your small business needs regarding Security, Networking, Broadband, Hardware, Software, and Wireless and Mobile technology at: http://www.fattail.com/redir/redirect.asp?CID=85520 _______________________________________________________________ Today's focus: Knitting legal patchwork quilts By Scott Bradner One of the most difficult features to deal with on the Internet is the lack of any understandable localization of authority. Once upon a time when a country or state within a country enacted a law regulating some aspect of human or corporate behavior, it was generally easy to figure out if the law applied to you. A Boston law against spitting on sidewalks or regulating the size of billboards could be safely ignored in Chicago. Chicago could have its own laws dealing with spitting or billboard size, and those laws would apply to people or businesses in Chicago. It's not so easy to similarly localize a law's area of application when the law applies to activity or content on the Internet. With the Internet, a German law restricting the publication of Nazi propaganda or an Australian libel law can have effects in the U.S., as has been proven in the last few years. Within the U.S. we have been getting a spate of state laws that might or might not affect out-of-state companies providing services over the Internet or out-of-state Internet users. California has been particularly good at passing such laws, but I wonder if California's aggressiveness will be rewarded by federal preemption. I've already written about what has been referred to as the California Database Breach Disclosure Act. (See my column, <http://www.nwfusion.com/columnists/2004/0517bradner.html> and, for the text of the act, see <http://www.nwfusion.com/nlgibrad316> ) The act was passed two years ago and requires companies to tell customers about any break-ins. Until next Jan. 1 the only pain that the customer suffers is embarrassment. After Jan. 1 the recipient of such a letter might be able to forward the disclosure letter to their lawyer who could start getting a lawsuit together. California has just added teeth to the break-in disclosure act with a new law (see <http://www.nwfusion.com/nlgibrad769> ) approved by the governor last month that requires companies with unencrypted data described in the law to "implement and maintain reasonable security procedures and practices" to protect the data. The new law does not block private lawsuits, so you can expect that many disclosures will result in lawsuits - maybe you better figure out how to encrypt the data. Another California law that went into effect on July 1 requires that Web sites that deal with individual consumers residing in California publish and abide by privacy statements (see <http://www.nwfusion.com/nlgibrad770> ). The law includes specific requirements about what the privacy statements have to include and how they have to be advertised on the Web site. This law also does not block private lawsuits. Finally, another new law due to take effect on Jan. 1 requires any California company employing more than 20 people that collects a range of personal information about individuals to disclose, upon request, what information they share with which direct marketers ( <http://www.nwfusion.com/nlgibrad771> ). Depending on the definition of a "California company" this last bill might or might not affect companies outside of California, but because the law specifically permits awarding a penalty, I expect some lawyers will test the boundaries. California is not alone. Other states are also passing these types of laws. The last time we had a lot of state-level laws being passed it was over spam. Bowing to business complaints of having to deal with a legal patchwork quilt, the U.S. Congress passed the permission-to-spam act ( <http://www.nwfusion.com/columnists/2004/0426bradner.html> ). I expect the same thing to happen with each new hot issue - Congress will pass legislation to preempt and gut the much stronger state initiatives. Disclaimer: Harvard is not of one mind on legislation, the B school likes legislation that guts rules, the school of government likes any legislation, and the law school likes conflicting legislation, but I consulted none of them for this column. Bradner is a consultant with Harvard University's University Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]>. _______________________________________________________________ To contact: Scott Bradner Bradner is a consultant with Harvard University's University Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]> _______________________________________________________________ This newsletter is sponsored by Nokia NW Special Report: Preparing an Infrastructure for Mobile Applications. Mobility, properly done, increases productivity and decreases operating costs. So get up to date information about building a mobile infrastructure, dealing with security issues, the latest networking options, connectivity alternatives and operational support enhancements. http://www.fattail.com/redir/redirect.asp?CID=85574 _______________________________________________________________ ARCHIVE LINKS Gibbs archive: http://www.nwfusion.com/columnists/gibbs.html Bradner archive: http://www.nwfusion.com/columnists/bradner.html _______________________________________________________________ FEATURED READER RESOURCE NW CLEAR CHOICE TESTS The Network World Lab Alliance is a coalition of industry experts, network integration consultants, independent test labs and universities who conduct single-product reviews and head-to-head comparative tests in real enterprise network settings. Find out which products get the "thumbs-up" in categories such as web front-end devices, WLAN security, anti-spam and more at: <http://www.nwfusion.com/reviews/> _______________________________________________________________ May We Send You a Free Print Subscription? You've got the technology snapshot of your choice delivered at your fingertips each day. Now, extend your knowledge by receiving 51 FREE issues to our print publication. Apply today at <http://www.subscribenw.com/nl2> International subscribers click here: <http://nww1.com/go/circ_promo.html> _______________________________________________________________ SUBSCRIPTION SERVICES To subscribe or unsubscribe to any Network World e-mail newsletters, go to: <http://www.nwwsubscribe.com/Changes.aspx> To unsubscribe from promotional e-mail go to: <http://www.nwwsubscribe.com/Preferences.aspx> To change your e-mail address, go to: <http://www.nwwsubscribe.com/ChangeMail.aspx> Subscription questions? 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