Legal aspects of Internet security and on-line privacy

Abstract

During the past few years the rise in Internet use has been meteoric, making the Internet part of our everyday lives. Advances in technology and user-friendly access have made it more desirable and economically feasible to connect through the Internet instead of through more expensive private networks. With the increase of digital communications through such open networks, Orwellian fears of 'big brothers', both from the private industry as well as from government agencies, have multiplied. Internet users are realising that the Internet could have detrimental effects on both the privacy and security of such communications, making Privacy Enhancing Technologies and security policies a must. In recent years it has become more apparent how the world is experiencing a shift from traditional paper based communications to digital communications. Traditional concepts of contract law and the writing and signature requirements had to be revised in order that electronic signatures would have the same validity as their paper based counterparts. Authenticity, integrity and confidentiality of data communications flowing through the Internet have become essential requirements for the security of the information transbordering the globe with a click of a button. Open networks such as the Internet have also created a new dimension to the realm of Privacy Law. The applicability of existing privacy legislation had to be revised in order that Internet users would have their 'right to be let alone' protected. The law is now facing the challenge posed by Internet Security and On-line Privacy. Controls on encryption, electronic signatures, certification authorities and privacy itself are only a few of the issues that legislators must tackle in order to make our presence in an on-line world secure.