Laws
can provide guidance, standardization, and stability to information
accountability. For instance patent law offers accountability of new
innovation. In the US, a patent holder possesses exclusive rights to the
innovation. The patent holder controls the innovation for 20 years and the law
keeps infringers at bay until that time. The law assists the innovator in
protecting the new advancement. Additionally, laws assist corporations in their
pursuit of protecting data. Agencies are in place to track and capture people
who try to exploit weaknesses in corporations’ firewalls and security systems.
Laws
offer information accountability and protection, but on the other hand, laws
can hurt information accountability. If it weren’t for two years of difficult
negotiating, the global economy between the US and European nations would cease
to exist (Landy & Mastrobattista, 2008). In 1998 when the EU adopted the Directive on Data Protection, the US did
not meet the strict guidelines of protecting the EU citizens’ personal data.
Thanks to the Safe Harbor Agreement
and EU bureaucrats’ realization that the split would devastate both economies,
both entities settled on an agreement that would allow the continuation of
international trade.
Another
example of an incident that hinders protection of information accountability,
in my opinion and others may disagree, is the Ivanov incident. In this
situation, the FBI lured Russian, Alexey Vladimwirovich Ivanov to the US in
order to prosecute him. However to retrieve evidence that he committed
extortion, an FBI agent needed to access Ivanov’s computers in Russia. The FBI
agent did his job in order to protect US corporations from future hacks and
extortion. The counter hack upset the Russian government (who were not cooperating
well with the US) and charges were brought against the agent. Although the
agent probably could have procured the evident a more politically correct way,
the agent was doing the right thing by protecting corporations, but the agent
still had criminal charges brought against him.
In
essences, laws can both benefit and hinder progress. The approach and action
taken towards law tells the true story and provides the outcomes. Oftentimes we
must tap into our creative thinking when we encounter a law that roadblocks our
objectives.
References
Goldsmith,
J. and Wu, T. (2008). Who Controls the Internet?: Illusions of a Borderless
World, Oxford University Press: New York
Landy,
G., and Mastrobattista, A. (2008). The IT / Digital Legal Companion: A Comprehensive
Business Guide to Software, IT, Internet, Media and IP Law. Syngress:
Burlington.
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