Fundamentals of IT Law H-Farm 2024 PDF

Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Internet is a specific modality for data transmission. The steering and management of currently core elements of internet is fundamentally made of: (a)protocols for data transmission in the form of packet switc...

Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Internet is a specific modality for data transmission. The steering and management of currently core elements of internet is fundamentally made of: (a)protocols for data transmission in the form of packet switching (Transmission Control Protocol/Internet Protocol—TCP/IP), along with subsequent extensions of these protocols (such as Hypertext Transmission Protocol—HTTP); (b)IP addresses and corresponding domain names (c)root servers  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW TCP/IP TCP/IP (Transmission Control Protocol/Internet Protocol), are the two fundamental suites of communication protocols commonly used to interconnect network devices on the Internet. They can also be used as a communications protocol in a private network (for instance, an intranet or an extranet). TCP/IP is a set of data communication mechanisms, embodied in software, that let each one of us use the Internet and other private similar networks. - TCP focuses on processing and handling data from applications - IP is more “network oriented” and it is designed to accommodate the transmission and receipt of application data across a network  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW hypertext —> text that contains links that enable to navigate through correlated coonetnts HTTP www HTTP (Hypertext Transfer Protocol) is the application protocol over which the WorldWideWeb is built upon. An Hypertext is structural text that uses logical links (Hyperlinks) between two or more texts. HTTP is the protocol through which it is possible to exchange or transfer Hypertext. HTTP is therefore a request-respond protocol. Once a request message is sent from a node (client) of the Internet to a server by using the HTTP protocol, the server returns a response message to the client. The response contains all the information about the request and so – for instance - a website is uploaded on the client’s requesting computer. ex.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Domain names the main function of a domain name is mnemonic, meaning that it is designed to help humans easily remember identifiers (symbols, names or codes used to identify something clearly) understandable Domain names are essentially translations of IP numbers/addresses into a semantic and more meaningful form. An IP address is a bit string represented by 4 numbers (form 0 to 255) separated by dots 153.110.179.30 A IP number tells most people little or nothing; a domain name is much more easily remembered and catchy. Thus, the main reason for domain names is mnemonics; that is, domain names make it easier for humans to remember identifiers. They are user-friendly.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Domain names have two other overlapping functions as well. cataloging - The first is that they enhance categorization of information, thus making administration of networks more systematic and making it easier for people to find information. - The second is stability: IP addresses can frequently change, whereas domain names will tend to be more stable reference points Each domain name must be unique but need not be associated with just one single or consistent IP number. It must simply map onto a particular IP number or set of numbers which will give the result that the registrant of the domain name desires  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW A domain name has two main parts arranged hierarchically from right to left: (a) a top‐level domain (TLD) and (b) a second‐level domain (SLD). It will commonly also have a third‐level domain. The ordinary number of domains is usually between two and five. The potential number of domain name strings is huge (though not unlimited). The name set currently operates with 37 characters: 26 letters, 10 numerals, and the dash symbol - , so that there are 372 or 1,369 two‐ character combinations, 373 or 50,653 three‐character combinations, and 374 or 1,874,161 four‐character combinations. Obviously, the number of combinations will increase significantly if the character set is increased— a possibility that is currently being discussed and tested with respect to ‘Internationalized Domain Names’ (IDNs). it’s not in the notes  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW There are two main classes of top‐level domains (TLD): (a)generic (gTLD) (b)country code (ccTLD). The first class covers TLDs such as:.com,.net,.org,.gov,.edu,.mil,.int,.info, and.biz. The second class covers TLDs such as.it,.fr,.au,.ru,.uk. (for a complete liste see http://www.iana.org/cctld/cctld/whois.htm) The first class also covers TLDs that are set up for use by a particular community or industry (so‐ called sponsored TLDs). Examples are.cat (set up for use by the Catalan community in Spain) and.mobi (set up for users and producers of mobile telecommunications services).  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW The generic TLDs may further be classified according to whether they are open to use by anyone; some are reserved for use only by specified groups/sectors. For example:.pro is restricted to licensed professional persons;.name is restricted to individual persons;.gov is restricted to public institutions.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW The Domain Name System (DNS) is essentially a system for mapping, allocating, and registering domain names. Basically, it translates domain communicate nameswith into numerical addresses so that computers can find each other. Thus, it is analogous to a telephone number directory that maps the names of telephone subscribers onto telephone numbers. The fundamental design goal of the DNS is to provide the same answers to the same queries issued from any place on the Internet. Accordingly, it ensures (a) that no two computers have the same domain name and (b) that all parts of the Internet know how to convert domain names into numerical IP addresses, so that packets of data can be sent to the right destination  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW The core of the system is a distributed database holding information over which domain names map onto which IP numbers. The data files with this information are known as ‘roots’ and the servers with these files are called ‘root servers’ or ‘root nameservers’. The servers are arranged hierarchically. The top root servers hold the master file of registrations in each TLD and provide information about which other computers are authoritative regarding the TLDs in the naming structure. The addition of new TLDs may only be carried out by ICANN, which is headquartered in California. It is a database containing the domain names and corresponding IP addresses. The files with this information are the "roots", while the servers that host them are called "root servers”. These servers are organized in a hierarchical structure. The main root servers contain a file that records all TLDs, and also indicate which computers are responsible for managing each TLD.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW ICANN (Internet Corporation for Assigned Names and Numbers) is a nonprofit private organization responsible for coordinating the maintenance and procedures of several databases related to the namespaces of Internet, ensuring the network's stable and secure operation. ICANN has been originally subject to US government oversight – US Department of Commerce; but in 2016 the process of its complete privatization has concluded and today ICANN is a pure private multistakeholder community. A handful of alternative root systems operating independently of ICANN regime do exist with separate root servers and TLDs (for instance, New.Net, UnifiedRoot, and OpenNIC), but they have only a tiny share of the Internet user market due to high networking and cost factors. minima quota di mercato  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Historical introduction to ICANN Internet Corporation for Assigned Names and Numbers (ICANN) ICANN statute of corporation https://www.icann.org/news/blog/cheers-to-the- multistakeholder-community  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Problematic issues with domain names From the point of view of the law, the main points of conflict and controversy with respect to operation of the DNS have largely arisen in two respects. (1) how domain names are allocated to persons/organizations (2) which TLDs (and thereby domain names) are permitted  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW The conflict over domain name allocation and recognition is due primarily to the changing function of domain names. They have gone from being just easily remembered address identifiers to signifiers of broader identity and value (such as trademarks). At the same time, while they are not scarce resources technically, they are scarce resources in the economic sense. And some have come to assume extremely large economic value and there are some judicial recognition of domain names as a form of property.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Governance of DNS based on contracts Governance of the DNS is largely contractual, at least with respect to management of gTLDs, although some of the regimes for management of ccTLDs have a legislative footing. IANA (Internet Assigned Numbers Authority), which is today a department of ICANN, is responsible for the allocation of gTLDs. IANA was once an independent organization whose functions have been transferred to ICANN through a contract, renewed many times. IANA/ICANN distributes blocks of IP numbers to the RIRs (Regional Internet Registries) all around the world, which then distribute IP numbers to main Internet Service Providers (ISPs) in their respective regions. The ISPs further distribute the numbers to smaller ISPs, corporations, and individuals.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW To fulfil ICANN's mission, a web of contracts and more informal agreements has been launched between the corporation and the bodies with which it deals with. [For a full list, see http://www.icann.org/general/agreements.htm] To carry out its task, ICANN has established a series of contracts and informal agreements with the entities it collaborates with.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW These contracts/agreements deal with key issues and matters concerning the Internet governance, such as: - Establishment of policy for and direction of the allocation of IP number blocks; - Coordination of the assignment of other Internet technical parameters as needed to maintain universal connectivity on the Internet; -Guaranteeing the stability of the Internet -Rules in assignment of DNS to the users These contracts/agreements cover the management of the Internet, namely: the allocation of IP numbers, the coordination of technical aspects of the Internet (to ensure universal connectivity over the Internet), the guarantee of stability of the Internet and the rules for the allocation of DNS.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW Conclusions on Internet governance There is no specific regulation by national legal systems for the DNS and IP address system, so the Internet infrastructure is mainly self-managed. The main governance is the one conducted by the ICANN (based on contracts) At the moment there is no specific regulation by national legal systems of DNS and IP address system, so that the infrastructure of the Internet is basically self-governed. It is meaningful what the European Union said about the Internet governance in the Preamble to the Directive 2002/21/EC for electronic communications networks and services: ‘The provisions of this Directive do not establish any new areas of responsibility for the national regulatory authorities in the field of Internet naming and addressing’ (Recital 20).”  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW The Directive goes on to encourage EU Member States, “where and appropriate in order to ensure full global interoperability of services, to coordinate their positions in international organizations and forums in which decisions are taken on issues relating to the numbering, naming and addressing of electronic communications networks and services” [Article 10(5)]. However, there may be indications that the European Union is preparing to depart from this hands‐off policy in the near future, but at the moment the situation remains ICANN-based contractual governance of the Internet.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW ePrivacy Whenever you open a bank account, join a social network or book a flight online, you hand over vital personal information such as your name, address, and credit card number. What happens to this data? Could they fall into the wrong hands? What rights do you have regarding your personal information?  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW ensure All the legal systems recognize protection to personal data (privacy law or data protection law). Generally speaking, these regulations provide that personal data can be legally gathered, stored and used under strict conditions and for a legitimate purpose. Subjects collecting and managing other people’s personal information must protect it from misuse and must respect certain rights of the data owners which are guaranteed by the law. Every day businesses, public authorities as well as private individuals share great amounts of personal data on the Internet, in popular communication systems such as WhatsApp or in social networks like Facebook or Instagram.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW In sharing communication contents, the users are sharing metadata, e.g. time of a call and location, as sensitive as the personal data and information themselves. Here we have two conflicting interests: (1) The interest of the IT companies to collect personal data and information of the clients in order to use them to both complete the service asked by the client (e.g. billing or delivery), and to provide additional services (e.g. insurance policies), and to develop their business (e.g. selling data or statistics on the communication contents to other companies) (2) The interest of the users to the maximum possible confidentiality of the shared data and information, not to be used more than what strictly necessary to receive the service.  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW IT companies may only process your data and information if they obtain your consent, unless this is necessary to respect mandatory laws (for example, for data required by courts or tax authorities). The data protection legislations are generally oriented to find the balance between the two interests with a particular attention to the users’ interests. The key concept in data protection law is consent. The IT companies can store, manage and use personal data and information gathered by clients as far as clients gives their consent accordingly. So that the only way for the IT business to process users’ data and information is to get their consent, with the only exception of the communication contents requested to comply with mandatory provisions under the law (e.g. personal data used by Courts and Tribunals or by the Tax Authorities).  Giuliano Zanchi H-Farm 2024 FUNDAMENTALS OF IT LAW In some jurisdictions, such as the EU, additional conditions are required to handle communications content in sensitive situations. such as the authorization of the Privacy Authorities, as in hospital data. Moreover, in some jurisdictions, such as the EU, additional conditions are asked to process communication contents in some particularly delicate situations (e.g. explicit authorization from Privacy Authorities, as for processing data in hospitals). Finding the right balance is not simple anyway. On one side the business sector pushes to use more personal data and information from the clients, since these communication contents mean great opportunities for them. On the other side, IT users are asking the legislators to grant an even higher level of protection of their privacy, feeling that the pervasive use of IT devices is putting in danger the confidentiality of their data (so called digitalization of privacy). But there are also cases where IT users protest against a too high level of protection than expected.