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The University of Southampton
Interdisciplinary Centre for Law, Internet and Culture (iCLIC)

New publications from the Institute

Published: 29 April 2015

Two of our academics, Dr Stalla-Bourdillon and Neil Brown both have published new articles concerning internet law.

Clare Sullivan and Sophie Stalla-Bourdillon have recently published a new article entitled "Digital Identity and French Personality Rights – A Way Forward in Recognizing and Protecting an Individual's Rights in His/Her Digital Identity" in the Computer Law and Security Review, vol. 31, pp. 268-279.

Abstract:

This article discusses the nature and functions of digital identity or e-ID as it is sometimes known, as an emergent legal concept and explores whether personality rights which exit under French law are conceptually suitable as a model for recognizing and protecting an individual’s rights in his/her assigned digital identity.

Digital identity is an identity which is composed of information stored and transmitted in digital form. As governments around the world move services and transactions on-line, one digital identity is being embedded in processes fundamental to economic and social order. A natural person must use this government - assigned digital identity to access these services and to transact under the government e-ID scheme. As borne out by international experience, the e-ID scheme is likely to set the standard so that the same digital identity is used for private sector dealings. This means that, in effect, this digital identity becomes the primary means by which an individual transacts in the digital age.

As digital identity becomes increasingly significant from both commercial and legal perspectives, the law is searching for ways to adequately protect this new concept and the individual’s interests in it. The law generally, and especially the common law, currently strains to find an effective way to recognize reciprocal rights and duties in relation to digital identity. Considering the legal and commercial significance of digital identity and the impact of its compromise on an individual, the two main areas of law, privacy and the criminal law, do not provide adequate recognition and protection of an individual’s rights and interests. By contrast, civil law personality rights, such as those recognised in France and in other jurisdictions which have inherited French legal concepts, fit better with the nature and functions of digital identity. These rights can readily apply to recognise and protect an individual’s rights and interests in his/her assigned digital identity under a government e-ID scheme.

This article examines these French extrapatrimonial and patrimonial rights and discusses their conceptual application to digital identity. The discussion shows that each class of right applies to digital identity but each protects in different ways. The argument presented is that, in combination, these personality rights can protect the interests of an individual in his/her assigned digital identity under a government e- ID scheme. That protection is important considering the nature and functions of this digital identity and the harm caused to an individual by its compromise.

Conceptually, these civil law personality rights provide a sounder basis for protection that the current reliance on privacy and the criminal law. The nature of these rights and their historical international influence makes them a workable model for both civil and common law legal systems.
Download: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2584427

Neil Brown has recently published two articles:

  1. Brown, Neil and Brown, Sandra, Dr Download: Apps and Wearables as Medical Devices, Computers & Law, April / May 2015 Neil Brown and Sandra Brown offer an introduction to the regulation of apps and wearables as medical devices
    Download: http://www.scl.org/site.aspx?i=ed41777:
  2. Brown, Neil, Law, Jurisdiction and the Digital Nomad, Computer Law Review International, 2015, 38-43
    “Free movement is a central notion of the European community, and the Internet provides the capability for individuals to live a “locationless" existence, running their businesses and providing services from wherever they happen to be. However, whilst cyberspace may be without borders, the laws of physical countries still apply; and, for digital nomads, determining which laws apply, and which courts have jurisdiction, is no easy task.Four fundamental problems exist with the current regime: (1) determining when someone is dealing as a consumer, such that consumer-specific measures take effect; (2) determining the place of performance of a service, for working out the relevant jurisdiction; (3) the ongoing possibility of being sued in one’s domicile, determined by a geographically focussed legal construct without any bearing on a party’s actual life and links; and (4) the problems of determining to which country a contract performed across multiple states is more closely connected.This article considers each of these problems in turn, exploring some of the complexities in solving the underlying issues where parties to a contract may be highly mobile and effectively stateless, and examines very briefly the issue of online dispute resolution as an alternative approach."
    A general link to CRI is http://www.cr-international.com/table_of_contents.html
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