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Alongside its positive impact of providing a global reach, the Internet is prone to a variety of abuses. In the 1990s it was unauthorised access of computers and impairment of the operation of computers through the introduction of viruses and worms that took centre stage. Since then the potential of the Internet for fraudulent activities has been realised by the criminal fraternity and, in recent years, we have seen, for instance, the rise of identity theft and the widespread distribution of offensive and illegal materials. The collection of essays in this volume, while being highly selective, provides a snapshot of the parameters of computer crime, the legal response and discussions surrounding ways to improve the security of cyberspace.
This anthology focuses on the ethical issues surrounding information control in the broadest sense. Anglo-American institutions of intellectual property protect and restrict access to vast amounts of information. Ideas and expressions captured in music, movies, paintings, processes of manufacture, human genetic information, and the like are protected domestically and globally. The ethical issues and tensions surrounding free speech and information control intersect in at least two important respects. First, the commons of thought and expression is threatened by institutions of copyright, patent, and trade secret. While institutions of intellectual property may be necessary for innovation and social progress they may also be detrimental when used by the privileged and economically advantaged to control information access, consumption, and expression. Second, free speech concerns have been allowed to trump privacy interests in all but the most egregious of cases. At the same time, our ability to control access to information about ourselves--what some call "informational privacy"--is rapidly diminishing. Data mining and digital profiling are opening up what most would consider private domains for public consumption and manipulation. Post-9/11, issues of national security have run headlong into individual rights to privacy and free speech concerns. While constitutional guarantees against unwarranted searches and seizures have been relaxed, access to vast amounts of information held by government agencies, libraries, and other information storehouses has been restricted in the name of national security.
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.