Robert Carolina

This knowledge area introduces to cybersecurity practitioners and researchers various aspects of law and regulation that may or should influence their activity. The focus is primarily upon substantive law, and includes discussion of legal research and sources of law, online jurisdiction, privacy, data protection, computer crime, contract, tort, intellectual property, content intermediary liability, trust services, miscellaneous regulation, international law, ethics, and legal risk management.

Discussion of the English High Court decision to issue a preliminary injunction restraining publication of an academic research paper describing weakness in a proprietary crypto algorithm. Topics addressed include shortcomings in the court's understanding of crypto technology, lack of risk analysis related to publication, appropriate legal standard in assessing liability of academic researchers for misuse of trade secret, lack of understanding of the meaning of "responsible disclosure", delay… Show more

Discussion of the English High Court decision to issue a preliminary injunction restraining publication of an academic research paper describing weakness in a proprietary crypto algorithm. Topics addressed include shortcomings in the court's understanding of crypto technology, lack of risk analysis related to publication, appropriate legal standard in assessing liability of academic researchers for misuse of trade secret, lack of understanding of the meaning of "responsible disclosure", delay in enforcement of trade secret rights, and chilling effect on security research. Show less

This paper explores the problem of designing an online experience for compliance with the new European rules on end user machine storage and access. This is more commonly known as the “cookie consent” problem.

By purchasing and using an illegal computer botnet, BBC’s “Click” programme chose to educate their affluent English-speaking technically savvy audience about computer security by exploiting 21,000 poor and vulnerable computer users in the developing world.

Co-editor of loose-leaf publication detailing multiple topics in ecommerce law

Treatise (20,000 words) on UK law of interception

Early work exploring application of multiple areas of law to operation and use of the Internet. This article was the culmination of research, conference speaking, and client advisory activity over a period of nearly two years.

The article reports on a case where an English Magistrates Court found a software developer guilty of criminal computer misuse (Computer Misuse Act 1990) as a result of inserting a time lock device into software without the awareness of the customer. The article compares and comments upon a series of similar cases reported in the US.

The article uses contemporary cost of living and tax data to demonstrate that US Hospital care provided "for free" to some indigent patients is financed on a sharply regressive basis. Compared with the wealthy and affluent, the middle class and working poor pay much more (as % of income) to finance such care.
Co-Author: Maxwell Gregg Bloche, J.D., M.D., Professor of Law at Georgetown University