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Internet Strategy and the Law – Why DO we care?

Posted • July 26, 2009 • Comments Off

History, Current State & Future of the Corporate Internet Strategist Role – John P. Tomaszewski

John Tomaszewski
John P. Tomaszewski, Esq.
Vice President of Legal, Policy, and Compliance
TRUSTe

(Post from Search Engine Optimizician.)

Internet Strategy & the Law – A Landscape

Why DO we care?
ISF Summit logo Internet Strategy and the Law Why DO we care?

Strategy is a broad concept

enable business not just solve an immediate problem
cuts across disciplines
requires holistic view

Policy Issues – Globalization

who controls “the internet”?
do we really care
access points are changing
mobile internet
location based services
ubiquitous computing
interoperability
business isn’t local anymore
out/co-sourcing uses a lot of IT

Policy Issues – Standards

multiple efforts around standardization
global efforts around standardization

What is being standardized?

access to data
access to services
anti-SPAM
DNS services
security
privacy
dispute resolution
jurisdiction

Policy Issues – Standardization

Standards Bodies

US Government

NIST
Department of Commerce
FTC

International Bodies

ICANN
ITU
OECD
APEC
EU Regulator Bodies
United Nations (e.g. UNCITRAL)

Self-Regulatory Organization (“SRO”)

If you can access it. It is a deemed a transfer.

Self Regulation

FTC Support

regulators support industry efforts at self regulation
current efforts aren’t enough

Elements of Effective Self Regulation

independence
transparency
objectivity
resilience
relevance

Other Jurisdictions are looking to this as well

APEC
EU

Not all SRO’s are equal.

Legal Topics – eCommerce

Business Models Changing

data portability & cloud computing
behavioral targeting
content management (UGC)
portals/aggregators (3rd party data)

Information is now same as cash

Government Intervention

on-line contracting
consumer protection
illegal activity (i.e. gambling)

Business Operations

document retention requirements
governmental reporting
critical infrastructure protections
litigation protections

Legal Topics – Privacy

Definition has changed

used to be “right to be let alone”
Now a bit different – the right to control use
not just personally identifiable information anymore

Data Portability

enabling technologies (cloud computing)
use and monetization of the data
who’s data is it anyway

Legal Topics – Legislation

Twitter Facebook Updates, et al
Privacy
Security

What is the next “BIG THING”?

Data Portability
micropayments
crowdsourcing

Late,
Gary Pool

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