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Internet Rulings Laws and Regulations

Last reviewed: February 15, 2013 ~4 min read

Internet Rulings, Laws and Regulations

Internet Rulings, Laws, and Regulations

The United States of America has adopted new Internet laws, which have had massive impacts on websites. If Internet sites use cookies, then the regulations governing electronic and privacy communications provides that Internet sites in America must give certain information to the users as well as the visitor so that they can give their consent. The new regulations, which have been implemented in to U.S. laws, have provisions of revised directives on E-privacy. This deadline of adopting the amended e-privacy has only been met in the U.S. despite calls for all EU member states to implement the same by the end of 2012. Details of the new Internet laws and regulations have been provided below and how they have influenced usage of Internet and details on the directive of the e-privacy. Laws governing cookies in the U.S. may vary in other countries because different members' states exhibit some degree of discretion in implementing the law (Brown, Warner, & Portman, 2010). The revised rule number six provides the revised regulation that reads:

1. No individual shall gain, store information or access store information in terminal equipments of users or subscribers unless they have consent to do so.

2. The directive is that the user or subscriber of the terminal storage equipment must be:

-given comprehensive and clear information regarding the storage purpose and accessing the information.

-must give her or his consent

3. Where a user has employed an electronic communication network, he or she must access or store the information in terminal storage equipments of users or subscribers on different occasions.

The regulations require websites operators not to store information or gain access to any information stored in website devices or stored user's device. He or she can only do this if he provides the user with comprehensive and clear information regarding the storage purpose or reason for accessing the information. The U.S., laws and regulations governing the use of the Internet requires that website visitors should have the option of refusing cookies (Smith, 2011). The only types of cookies, which do not require the consent of the user, are the ones, which will necessarily fulfill the request of the user. A good example is cookies, which enable the user to recall his or her shopping cart as he or she moves from page to page on the site. Other are those cookies used in counting visitors to a website and serving advertisements, consent is required. The U.S. data Protection Act and the amended U.S. Internet regulations have failed to provide a definition to the term 'consent'. However, the Directive on Data Protection defines consent as any informed or freely given indication of her or his wish. The U.S. data Protection Act has effectively implemented this directive (Brown, Warner, & Portman, 2010).

The requirement on consent is subject of debates since the publication of the revised directive on E-privacy. Protection regulators, the federal government of America, and other authorities across EU members' states have aired their conflicting perspectives on how the requirement on consent should be practiced. These authorities have voiced differing opinions on whether consent should be given before placing cookies. It has been challenging to see prior consent complying with the details of the U.S. Internet regulations. Informed consent can only be achieved if prior information regarding the purpose and the sending of cookies is provided to the user (Brown, Warner, & Portman, 2010).

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References
2 sources cited in this paper
  • Brown, D. W., Warner, R. E., & Portman, J. (2010). The California landlord's law book: Rights & responsibilities. Berkeley, CA: Nolo.
  • Smith, G. J. H. (2011). Internet law and regulation. London: Sweet & Maxwell
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PaperDue. (2013). Internet Rulings Laws and Regulations. PaperDue. https://paperdue.com/essay/internet-rulings-laws-and-regulations-85957

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