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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.
In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.
Researchers and agencies collect reams of objective data and authors publish volumes of subjective prose in attempts to explain what is meant by environmental quality. Still, we have no universally recognized methods for combining our quantitative measures with our qualitative concepts of environ ment. Not all of our environmental goals should be reduced to mere numbers, but many of them can be; and without these quantitative terms, we have no way of defining our present position nor of selecting positions we wish to attain on any logically established scale of environmen tal values. Stated simply, in our zeal to measure our environment we often forget that masses of numbers describing a system are insufficient to understand it or to be used in selecting goals and priorities for expending our economic and human resources. Attempts at quantitatively describing environmental quality, rather than merely measuring different environmental variables, are relatively recent. This condensing of data into the optimum number of terms with maximum information content is a truly interdisciplinary challenge. When Oak Ridge National Laboratory initiated its Environmental Program in early 1970 under a grant from the National Science Foundation, the usefulness of environmental indicators in assessing the effects of technology was included as one of the initial areas for investigation. James L. Liverman, through his encouragement and firm belief that these indicators are indispensable if we are to resolve our complex environmental problems, deserves much of the credit for the publication of this book.