온라인 프라이버시침해기술과 보호기술의 법적 함축

Legal Implications of PITs and PETs on the Internet

  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.