Preface
Author | Karen Eltis |
Pages | 11-13 |
xi
Preface
A. RECENT AND IMMINENT NORMATIVE CHANGE IN THE
PRIVACY SPHERESINCE 2012
To speak of Internet law (or cyber law) generally, and privacy law more
particula rly, is to speak of a changing normative landscape, sh iing under
our feet .
While still in its relative infancy, privacy law, or “Internet law” more
broadly, has been steadily and rapidly developing since the rst edition’s
publication in 2012. Where there was little denitive judicial resolution —
or even discussion — of issues such as the recognition of (oen intangible)
privacy harm, freedom of digital speech (let alone computer code as speech),
or the question of litigant anonymity when the rst edition of this book
was published, much has changed since, perhaps mirroring heightened
social sensitivity to privac y breaches.
Whereas less than four years ago one was at pains to nd examples of
courts acknowledging losses a rising from privacy breaches, the environment
in the United States, and even more so in Canada, has changed dramatic-
ally. In the words of one commentator, “litigation and individual actions
relating to privacy breaches in Canada are no longer just hypothetical,
they are a new reality. e actions tend to involve disclosure of personal
information through insecure disposal of records, the and loss of un-
encrypted data on mobile devices, and unauthorized access to records.”1
is sentiment is equally true i n the United States, as we breathlessly await
1 See more, onli ne: http://greyswanadvisor y.com/uncategorized/l itigation-and-
losses-mount-over-canadian-privacy-breaches/#sthash.nUOE9h6B.dpuf.
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