온라인 프라이버시침해기술과 보호기술의 법적 함축

• 영문명: Legal Implications of PITs and PETs on the Internet
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李仁皓(Lee In-Ho)
• 간행물 정보: 『법학논문집』법학논문집 제25집 제2호, 53~75쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2001.08.01

영문 초록

  The best way to protect end-user"s privacy on the Internet is to promote and realize the value of anonymity. But current computer databases, hardware, software, and network standards are facilitating the identification of individuals in order to increase the efficiency of communication and commerce. The Internet is, by definition, a single network, and poses significant potential for large scale and detailed monitoring that has never before been possible. The development of identification technology and detailed tracking is also being supported by political and market forces, which are moving us toward a surveillance-based society. These technological and societal developments pose a serious threat to an individual"s anonymity and personal privacy.   The ability to remain anonymous is essential in a free society. Unless we take it seriously, we will lose privacy through the advancement of identification technologies. To counter the anti-privacy aspects of technology, a number of approaches have been suggested, including constitutional interpretations, legislation, and market based self-regulation through privacy policies. Despite these efforts, no workable solution has arisen for protecting anonymity on the Internet. This is primarily due to: (1) political, and market forces that favor commerce, law enforcement, and accountability; and (2) a market for privacy that, while still in its infancy, is being retarded in its development by a powerful market for identification technology.   Part Ⅱ of this article looks at technological developments on the Internet that challenge one"s ability to remain anonymous. Such technologies are moving us toward a "Cyber-Panopticon". Part Ⅲ discusses the external constraints and internal limitations of privacy-enhancing technologies(PETs). Part Ⅳ examines the legal measures for the advancement and implementation of PETs. Part Ⅴ concludes that the co-operation of PETs and law will protect basic privacy values that are important in a free society.

목차

Ⅰ. 머리말
Ⅱ. 현재의 기술적 코드와 사이버 원형감옥의 가능성
Ⅲ. 온라인 프라이버시보호기술의 개발과 그 제약요인
Ⅳ. 온라인 프라이버시보호기술의 개발 및 적용을 위한 법제 방향
Ⅴ. 맺는 말
〈ABSTRACT〉