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Chris Jay Hoofnagle - One of the best experts on this subject based on the ideXlab platform.

  • federal Trade commission privacy law and policy introduction and excerpt
    2016
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    Federal Trade Commission Privacy Law and Policy is an in-depth history of the FTC’s 100-year-long consumer protection efforts. It explains how decades of false advertising enforcement informs today’s privacy efforts. It contains practical advice for lawyers practicing before the agency, strategy for advocates, and insight for policymakers on the challenge of addressing unfair and deceptive Trade Practices. Most importantly, the book provides context for the agency’s powers and procedure.The FTC’s regulation of technology and privacy is not new. The FTC’s first reported case concerned a company that treated cotton so that it could be passed off as silk. Its first privacy case dealt with an early kind of information broker that tricked people into revealing personal information so that debt collectors could locate them. Reviewing the history of these cases and the rationales that gave rise to the FTC helps us understand broader policy problems in consumer protection.

  • privacy Practices below the lowest common denominator the federal Trade commission s initial application of unfair and deceptive Trade Practices authority to protect consumer privacy 1997 2000
    Social Science Research Network, 2001
    Co-Authors: Chris Jay Hoofnagle
    Abstract:

    In this paper, the author reviews the first six actions taken by the Federal Trade Commission (FTC) to safeguard consumers' privacy under the agency's authority to prosecute unfair or deceptive Trade Practices. Six conclusions can be made from these cases: First, the FTC has chosen to take enforcement actions only in cases with strong merits. Second, the protection of children's online activities is a priority of the FTC. Third, deception is the principal theory on which the FTC has relied to enforce violations of the FTCA against online businesses. Fourth, it is possible for the FTC to pursue a privacy claim under an unfairness theory. However, the unfairness theory is more likely to be successful when pursuing violations of children's privacy. Fifth, a strong showing of consumer harm is not required for an action based on unfairness. Merely misrepresenting privacy Practices or violating a guarantee of privacy is sufficient to actuate agency action. Under the deception theory, there is no requirement to demonstrate harm. Last, monetary damages have not been assessed in FTC privacy actions against online businesses.

Meyer A. - One of the best experts on this subject based on the ideXlab platform.

  • Trade patterns facilitating highly pathogenic avian influenza virus dissemination in the free-grazing layer duck system in Vietnam
    'Wiley', 2018
    Co-Authors: Meyer A., Dinh T., Han T., Do D., Nhu T., Pham L., Nguyen T., Newman S., Häsler B., Pfeiffer D.
    Abstract:

    International audienceHighly pathogenic avian influenza (HPAI) viruses continue to threaten smallholder poultry producers in several Southeast Asian countries, including Vietnam. In particular , the free-grazing duck system has been repeatedly highlighted as a major risk factor for HPAI outbreaks. Free-grazing ducks, which scavenge on rice paddies after the harvest, account for a large proportion of the duck population in Vietnam and the wider Southeast Asian region. However, the structure and dynamics of the free-grazing duck production from farm to consumption has not been described for Vietnam. In this study, we used a value chain approach to provide a complete picture of the actors involved in the production and marketing of free-grazing duck eggs and spent layer ducks, as well as to investigate the governance structure of this food system. Group interviews and key informant interviews were conducted in two provinces located in the Mekong River Delta (MRD) and the Red River Delta (RRD). The results presented here highlight similarities and differences in farming and Trade Practices between the two provinces. The Trade of spent layer ducks involved large volumes of live ducks being sent to China and Cambodia for consumption , generating a substantial risk of transboundary spread of pathogens, including HPAI viruses. We describe the major role of "duck yards", which act as hubs in the northbound Trade of spent layer ducks. These yards should be considered as essential links in the value chain of spent layer ducks when considering HPAI surveillance and control. The veterinary authorities are only marginally involved in the value chain activities, and their influence could be strengthened by increasing surveillance activities for instance in duck yards. Last, we discuss the dynamics of the duck value chain and further implications for future HPAI management policies

  • Trade patterns facilitating highly pathogenic avian influenza virus dissemination in the free-grazing layer duck system in Vietnam
    'Wiley', 2018
    Co-Authors: Meyer A., Do D., Nhu T., Dinh T X, Han T A, Pham L T, Nguyen T T T, Newman S H, Haesler B, Pfeiffer D U
    Abstract:

    Highly pathogenic avian influenza (HPAI) viruses continue to threaten smallholder poultry producers in several South‐east Asian countries, including Vietnam. In particular, the free‐grazing duck system has been repeatedly highlighted as a major risk factor for HPAI outbreaks. Free‐grazing ducks, which scavenge on rice paddies after the harvest, account for a large proportion of the duck population in Vietnam and the wider South‐east Asian region. However, the structure and dynamics of the free‐grazing duck production from farm to consumption has not been described for Vietnam. In this study, we used a value chain approach to provide a complete picture of the actors involved in the production and marketing of free‐grazing duck eggs and spent layer ducks, as well as to investigate the governance structure of this food system. Group interviews and key informant interviews were conducted in two provinces located in the Mekong River Delta (MRD) and the Red River Delta (RRD). The results presented here highlight similarities and differences in farming and Trade Practices between the two provinces. The Trade of spent layer ducks involved large volumes of live ducks being sent to China and Cambodia for consumption, generating a substantial risk of transboundary spread of pathogens, including HPAI viruses. We describe the major role of “duck yards”, which act as hubs in the northbound Trade of spent layer ducks. These yards should be considered as essential links in the value chain of spent layer ducks when considering HPAI surveillance and control. The veterinary authorities are only marginally involved in the value chain activities, and their influence could be strengthened by increasing surveillance activities for instance in duck yards. Last, we discuss the dynamics of the duck value chain and further implications for future HPAI management policies

Shae Mccrystal - One of the best experts on this subject based on the ideXlab platform.

  • is there a public benefit in improving working conditions for independent contractors collective bargaining and the Trade Practices act 1974 cth
    Social Science Research Network, 2009
    Co-Authors: Shae Mccrystal
    Abstract:

    In late 2006, the Commonwealth Parliament passed amendments to the Trade Practices Act 1974 (Cth) that were designed to make it easier for small businesses to engage in collective bargaining. The amendments were sold as providing an opportunity for groups of small businesses to counteract inequality of bargaining power in their dealings with larger businesses. Despite the hype, in reality the changes only enable collective bargaining to take place more easily in cases where public benefit can be demonstrated. This article examines the new provisions over the first two years of their operation, and focuses in particular on their utility for groups of contractor workers who want to engage in collective bargaining in order to improve their working conditions. Utilising the few case studies available from the first 2 years of the provisions’ operation, the discussion examines the difficulties contractor workers face in establishing the ‘public benefit’ of their proposed bargaining arrangements. In particular, the discussion demonstrates that the collective bargaining provisions fail to offer any substantive benefits to groups of contractor workers. Any group of workers with existing market power will be denied the opportunity to collectively bargain due to their pre-existing market position. Workers without existing market power may be allowed to engage in collective bargaining but any proposed bargaining tactics cannot be coercive in effect. This means that in practice, the provisions do not offer a meaningful opportunity for contractor workers to engage in collective bargaining to improve their working conditions.

  • is there a public benefit in improving working conditions for independent contractors collective bargaining and the Trade Practices act 1974 cth
    Federal law review, 2009
    Co-Authors: Shae Mccrystal
    Abstract:

    The role of collective bargaining as being undertaken to improve the working conditions of independent contractors is discussed. The public benefit test is a substantial obstacle to independent contractors utilizing collective bargaining to improve their working conditions.

Andrea M Matwyshyn - One of the best experts on this subject based on the ideXlab platform.

  • resilience building better users and fair Trade Practices in information
    Social Science Research Network, 2011
    Co-Authors: Andrea M Matwyshyn
    Abstract:

    This Article expands the concept of resilience into the software and digital contracting ecosystem. It argues that technology law and policy can be tooled in part to adopt an explicit focus on building users’ resilience and sense of self-efficacy, particularly in connection with data privacy and information security. With the assistance of strengthened fair Trade Practices in privacy, contract law offers one avenue for explicit trust-reinforcing mechanisms to assist consumers in becoming more resilient users.

  • resilience building better users and fair Trade Practices in information
    Federal Communications Law Journal, 2011
    Co-Authors: Andrea M Matwyshyn
    Abstract:

    I. WHAT IS RESILIENCE? A. Building Resilience in Systems: The Software Ecosystem B. Building Resilience in Users II. RESILIENCE, CONTRACTS, AND FAIR Trade Practices 1N INFORMATION A. Resilience and Contracts in Technology-Mediated Spaces B. Fair Trade Practices, Privacy, and Technology Contracts 1. Experience in Digital Contract: Creating a Plain English "Information License and Security Agreement". 2. Emotion in Digital Contract: Creating a Sense of Transparency in Formation with Summary Labeling 3. Modeling: Imposing Digital Reasonableness Standards 4. Feedback Loops in Digital Contract: Offering a Live Human to Negotiate and Explain Terms .... 408 III. CONCLUSION A long-running joke about the law asserts that that the practice of law would be more pleasant if it weren't for all those pesky clients. In the world of technology, a more terse version of this same sentiment exists: PEBKAC--Problem Exists Between Keyboard and Chair. Technologists often long for "better" users of their products. Naturally, the logical reaction to this type of statement is to encourage developers of products to engage in better usability testing of their products on actual consumers. However, a deeper question may lurk beneath the superficial flippancy of PEBKAC. Is there in fact a way that we can "build better users?" This Article argues that there is. Despite a long running discourse regarding the resilience of infrastructure and networks themselves, a portion of the discussion that has been neglected relates to human resilience--buttressing the resilience of users of technology and the role of law in furthering this goal. Borrowing lessons from developmental psychology and securities regulation, this Article expands the concept of resilience into the software and digital contracting ecosystem. It argues that technology law and policy can be tooled in part to adopt an explicit focus on building users' resilience and sense of self-efficacy, particularly in connection with data privacy and information security. Technology law and policy can help to train consumers to be confident users and bounce back from technology problems. With the assistance of strengthened fair Trade Practices in privacy, contract law offers one avenue for explicit trust-reinforcing mechanisms to assist consumers in becoming more resilient users. I. WHAT IS RESILIENCE? Many of us have found ourselves in a situation where we did not understand how a piece of software worked behind the scenes on our machines. We wondered what exactly we had agreed to when we clicked "yes" on the user agreement, whether we could really trust the code, and whether we understood the extent to which data would be collected about us. For some of us, a mild panic followed. Yet, in these moments of privacy "freakout," we had no one to ask. Reading a privacy policy--to the extent we understood it--likely yielded only more questions. We found ourselves cursing the software product as "creepy" privacy-invasive code. Meanwhile, the technologists who write software frequently feel equally frustrated by the way we, the consumer base that uses their products, interact with these products. In other words, a perception gap exists between the way that builders of technology tools perceive their products and the way that average consumers perceive these same products. The reason for this disconnect can be understood as a deficit of what developmental psychologists might call resilience. This resilience, or ability to recover and flourish in the face of obstacles, is frequently absent on both sides of the software equation--both in the code writing process itself and in consumers' ability to overcome technology obstacles when using products. A. Building Resilience in Systems: The Software Ecosystem The concept of resilience has long been prevalent in systems literature. …

Lusungu Mtonga - One of the best experts on this subject based on the ideXlab platform.

  • whistle blowing on the lawyers cartel an analysis of anti competitive Trade Practices in the malawian legal profession
    Social Science Research Network, 2020
    Co-Authors: Lusungu Mtonga
    Abstract:

    Competition Law is mainly concerned with promoting consumer welfare. Competition Law aims at encouraging competition by prohibiting anti-competitive Trade Practices. The Competition and Fair-Trading Act prohibits certain horizontal Practices i.e., certain arrangements or agreements between firms that are in actual or potential competition. Among other things, the Competition and Fair-Trading Act prohibits price fixing and other arrangements that have a substantial negative impact on competition. This paper argues that there are a number of Trade Practices in the Malawian Legal Profession which violate provisions of the Competition and Fair-Trading Act. More specifically, the paper argues that The Scale and Minimum Charges Rules are anti-competitive because they prescribe the fee or minimum fee that Legal Practitioners can charge for certain specified services. The paper argues that this is a form of price fixing that affects consumer welfare; therefore, contravenes the Competition and Fair-Trading Act. The paper further argues that the complete prohibition of advertisement and touting in the Malawian Legal Profession is anti-competitive and violates provisions of the Competition and Fair-Trading Act.