In the past decade, much attention within policy debates has been dedicated to legislative intervention of technological advancements; especially toward regulatory mitigation of criminal conduct of internet crimes. Scandal surrounding the National Surveillance Agency (NSA) wiretapping of phones and internet email communications has radically altered private party perception of designated user access credentials and proprietary data. Amid widespread public concern over the appropriateness and viability of state monitored regulation of computer and telecommunications activities, nations are making inroads in the creation and enactment of adequate rules and protections to privacy.
For instance, in the UK the Computer Misuse Act (CMA) 1990 made it a crime to make, supply, or obtain designated user login credentials to commit computer crimes. While such provisions seem to be unidirectional in application, with the state on the outside of privacy prohibitions, tort law duty to reasonable standard of care remains less specified where state actors are involved. In spite of rulings in both the UK and the US, there are a relatively low number of offenders charged and convicted under the existing rules. Part of the challenge seems to lie in what critics argue is the vagueness of the law that is rendered even less clear in court, as it is impossible for a supplier to assess the ‘likelihood’ that an internet or software tool may be used in the commission of a crime.
Hosted by lawyer, Damien Smith, the film addresses the topic of why privacy systems penetrable, and offers strategic advice for risk mitigation of common privacy invasion issues.