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Lawrence Lessig in Code 2.0 Argues That the Rise of the Internet and Technology Will Inevitably Lead to an Increase in Regulation and Decrease in Our Right to Privacy. Explain, Through the Use of Recent Developments and

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Lawrence Lessig in Code 2.0 Argues That the Rise of the Internet and Technology Will Inevitably Lead to an Increase in Regulation and Decrease in Our Right to Privacy. Explain, Through the Use of Recent Developments and
Lawrence Lessig in Code 2.0 argues that the rise of the internet and technology will inevitably lead to an increase in regulation and decrease in our right to privacy. Explain, through the use of recent developments and current legislation, how technology is challenging accepted concepts of Data Protection and Information Law

An Introduction

The year is 2010, the era is the 21st century; and we, citizens of the world, are living in the Information Age. Our information is made available on the Internet where it can be viewed by millions. The days where our data was recorded on scraps of paper and left in a box in an office along with thousands of other registers are long gone. Our personal data is permanently recorded in the hard drives of computers where they can be analysed and exploited by anyone with access to that computer; or worse, identity thieves and hackers may get their hands on the data.

With the development of digital technology, our data is not only being monitored, but it is being gathered and stored in such a way that makes it searchable. Daniel J. Solove had it right when he wrote, “Until recently, public records were difficult to access—finding information about a person often involved a scavenger hunt through local offices to dig up records. But with the Internet, public records are increasingly being posted online, where anybody anywhere can easily obtain and search them.”[1] Is there a form of protection against this invasion of privacy? Are we to trust these data controllers, the person or persons who control the functions and methods of the processing of our personal data? Are the government regulations decreasing our right to privacy? What is considered private these days?

The Birth of the Internet

The Internet, or the Net, is a global system of interrelated computer networks. This valuable communication medium was created as a product of the Cold War, and it saw its beginning in 1969 as ARPANet, where it was



Citations: 1. Solove, Daniel J. The Digital Person : Technology and Privacy in the Information Age. New York University Press, 2004. p. 5. 2. Lessig, Lawrence. Code version 2.0. New York : Basic Books, 2006. p. 101. 3. Molitor, Graham T.T. "Five Forces Transforming Communications". The Futurist. 2001. 4. Solove, Daniel J. The Digital Person : Technology and Privacy in the Digital Age. New York University Press, 2004. p. 2. 5. Olmstead v. United States, 277 US 438 (1928) – Justice Brandeis dissenting. 6. Office of the Data Protection Commissioner. Welcome to Data Protection. [Online] 2010. [Cited: May 14, 2010.]

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