This post is the fourteenth in a series of predictions from legal and business experts about the directions cyberlaw policy might take in 2013, solicited by editors of BNA's Electronic Commerce & Law Report during the closing weeks of 2012. We asked that the remarks be brief -- something along the lines of a Twitter "tweet" or an elevator pitch. Over 100 attorneys, law professors, online business executives, policy advocates and other cyberlaw experts responded, producing 307 separate assessments, predictions, or just plain complaints regarding any of the many legal subject areas that affect online businesses.
The year 2012 saw law enforcement officials, businesses, and even candidates for political office embrace "big data" technologies. Many contributors remarked that, in 2013, "big data" will test an already creaky information privacy regime in the United States.
The experts' views:
2013 is likely to be big year for privacy and a tough year for data brokers. Jonathan D. Hart, Partner, Dow Lohnes PLLC, Washington, D.C.
The merger of on line data and offline data will produce vast--and largely unregulated--repositories of information on a significant portion of the American population. Joseph V. DeMarco, @devoredemarco, Partner, DeVore & DeMarco LLP, New York, N.Y.
The digital privacy debate won't progress until we re-define "PII" from "Personally Identifiable Information" to "Privacy-Impacting Information." In the world of "Big Data," any data is potentially privacy-impacting. Lynn St. Amour, @LynnStAmour, President/CEO, Internet Society, Geneva, Switzerland/Reston, Va.
Many states and countries passed comprehensive privacy reform while Google and Facebook continued to amass unimaginable quantities of personal data. Christine Jones, @attyjones, Former General Counsel, GoDaddy.com, Phoenix, Ariz.
Personalized medicine, personal devices, and tracking: bioinformatics companies will need to figure out how to keep feeding big data while keeping the regulators from shutting down the flow of sometimes quite personal information. Plus the USPTO and EPO need to figure out how to provide reasonable and balanced protection to the IP of the biometrics industry. Kevin R. Erdman, @kevinerdman, Partner, Reichel IP LLP, Indianapolis.
Big data, a big issue for privacy. Bradley L. Joslove, Partner, Franklin Societe D' Avocats, Paris.
In 2013, people will still discuss PII, but PII is already becoming outdated as important currency in the information economy, since with the right data sets and right analytics you can know incredible details about people without ever knowing their name. Joseph V. DeMarco, @devoredemarco, Partner, DeVore & DeMarco LLP, New York, N.Y.
2013 should be the year when regulators, lawyers and the law catch up to social business and begin to decipher the impact of big data. Glen Gilmore, @glengilmore, Attorney and Digital Marketing Strategist, Gilmore Business Network, Greater New York.
Over 2 zettabytes of info created and shared annually--now that's Big Data--and it will only get bigger in 2013. Albert Gidari, Partner, Perkins Coie LLP, Seattle.
Politicians who used relevant advertising and tailored marketing tools for 2012 campaigns should be wary of regulating the way consumer information is collected, shared and used, as it will impact the quality of the data they can use in the future as well. Francine Friedman, Senior Policy Counsel, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.
Irony Alert: the same Obama Administration that was so vocal in 2012 about protecting consumer privacy had been collecting, mining and amassing a trove of personal data about its supporters over the past four years for use in the President's re-election campaign. Yaron Dori, @yarondori, Partner, Covington & Burling LLP, Washington, D.C.
Data quality will become a critical aspect of big data as poor data quality results in increased legal liabilities and privacy violations for companies in the U.S. and global marketplace. Alan S. Wernick, Founder & Director, ITIP Institute, Chicago.
Big data will change corporate data retention policies. Current polices hold data only as long as litigation or regulatory retention periods require or for even shorter corporate data periods. To get the benefit of running data analytics against a company's own historical customer and other data, the retention periods will need to be lengthened so the data remains available. William A. Tanenbaum, Partner and Chair, Intellectual Property & Outsourcing Group, Kaye Scholer LLP, New York, N.Y.
Follow me on Twitter at @tjotoole.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)