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Isp Beeblebrox Case Analysis

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Isp Beeblebrox Case Analysis
A Brief Analysis of the case —Beeblebrox.com
From : Bai Xuechun
Class Number : 2014215112 QM ID : 140921931
Due Date : 8,June,2017 Word Count :1611
1.0 Introduction
With the development of science and technology, the ISP in our daily life is playing a more and more important role, but privacy problems follow this. In this case, ISP Beeblebrox.com uses a new system called Zaphod which can offer all kinds of information. Users should supply some information include payment information to register. Also the website download cookies and share information to third parties, and send spam to subscribers as well as children which may interest them. The privacy policy is very small at the bottom and available by scroll down. Now, Beeblebrox.com want
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Then analyze whether this business model complies with European Union Data Protection Law and Chinese law for the protection of personal information. Finally give a conclusion whether the website breach the law in EU and China.
2.1 analyze with European Union Data Protection Law
Personal data is important in our life which can leads information security problems. Personal data is defined as “Any information relating to an individual from which that person is identified or identifiable”1 From case to register, an individual must supply the name, address, phone number and employment information and Payment information include credit card details. These information can identified a person so they are personal data.
Secondly, it is easy to define data subject, controller and processor. Subscribers in Beeblebrox are data subject because hold personal data which is identifiable. The website Beeblebrox is data processor who collect, store, share and transfer information. And the controller is someone who “Party or parties who determine the nature and means of processing”2, so ISP and other third parties are controllers who send spam to subscribers
1 S.547 — 114th Congress (2015-2016)
2 Blaedow; Karen R. (Madison, WI). ‘Method and apparatus for determining the meaning of natural language’ accessed
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From E-commerce Directive 2000, “Providers who send unsolicited e-mail must regularly consult opt-out registers.”6 Opt out means consent which Purposes must be specified. If we only look at this article, the actions of sending spam in this case is illegal. However, from ePrivacy Directive 2002–Art. 13: “Merchants can use e-mail addresses if they were collected from customers in the course of a sale to market similar products/ services to those customers without customer’s prior consent. But: customer can opt-out i.e. ‘refuse’ receiving such direct marketing solicitations”7 It means Beeblebrox.com / Zaphod and other third parties sends the spam legally even if without customers’ consent, because it’s a commercial action and don’t need consent from user, and users have power to reject the spam if they don’t want. Hence the spams in this case don’t lead security

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