A Public Policy Research Agenda in IST John W. Bagby Professor of IST Co-Dir. Inst. Info. Policy

What is Information Policy? The impact of public policy on information creation, access, ownership and use Exerted by government, markets & private contracts; Includes: Intellectual Property, Technology Transfer, eGovernment, eCommerce, Privacy & Security law, Internet Regulation & IT governance, Legal & Regulatory Process

Public Policy, Law & Regulation IST spans many cutting-edge policy issues –Like in gaming environments today, the early cyber- libertarians demanded the Internet be exempt from traditional law –Cyberlaw history resoundingly rejected that demand IST public policy clustering of some traditional areas of law –Interesting additional areas dictated by social, political & economic idiosyncrasies caused of new technology

Traditionally Fields of Law Must adapt to Cyberspace & IT –Constitutional law (e.g., bill of rights, due process, takings, commerce clause, separation of powers, federalism, freedom of contract), –Litigation & dispute resolution (e.g., forensics, electronic and traditional discovery, alternative dispute resolution, privileges, role of scientific evidence in legislation, evidence admissibility), –Legislation (e.g., lobbying, Congressional watchdog committees, pluralist grassroots communities), –Administrative law & regulatory process (policy development, rulemaking, enforcement forensics, inter-agency co- operation/competition, dispute resolution), –Intellectual property (IP) –Corporate governance (corporation law, securities regulations, disclosure, contracts, conflicts of interest), –Commercial law, (contracting, payments, property transfers, technology transfer) –Tort liability (reform & risk management, product & service liability) –Sovereign immunity

Research Methods Useful in Public Policy of IST Doctrinal Legal Research, Public Policy Analysis, Conceptual Analysis, Model Building & Testing, Artifact Design, Development & Testing Simulation Various Empirical Methods

An Ontology for Public Policy Scholarship in IST IT Governance Standardization IP Policy and Strategy Security and Privacy Electronic Commerce (eCommerce) See:

IT Governance “specifying the decision rights and accountability framework to encourage desirable behavior in the use of IT.” “the leadership and organizational structures and processes that ensure that [IT serves strategic objectives].” Corporate governance constraints; impact of law, regulators, security & privacy standards; SOX –Implemented through: technology transfer agreements private contracts employment restrictions IP constraints eCommerce commercial practice

Standardization Standards Development Activities (SDA) –Expanding form of public policy development “Code is Law” Major foci: resolution of conflicts of interest –Antitrust & IP –International Aspects quickly Emerging EU through ISO & China –Due Process & Fair Political Representation Balanced against participants’ domain expertise

IP Policy and Strategy Pervasive to nearly all IST scholarship streams –artifacts, cooperative research, HCI, security, privacy, search, dB, data mining, domain-related informatics, cyber-infrastructure, GIS, enterprise systems –See Copyright, trade secret, patent, trademark: –IP Strategy & IP Reform –IP rights valuation, IP rights assessment, IP audit infringement risk analysis P2P, numerous urban legendary myths –Open Source & Antitrust aspects of IP –Software & BMPatents

Security and Privacy An Amalgam of: –Criminal Law –CyberForensics (EDD, ESI, ERM) –Sectoral privacy regulations e.g., privacy regulations in health, financial, online, telecommunications, law enforcement, international commerce) –IT governance : –Information Assurance –Electronic Surveillance –Money Laundering –Social Network Analysis Mapping using Graph Theory

Electronic Commerce (eCommerce) Online & Electronic Contracting Ubiquitous EULAs –Shrink, Click, Box & Browse Wrap Contracts Electronic Marketing & Auction Markets Electronic Payment Systems Financial Services IT Regulation –Money Laundering…again Automated Transaction Processing –AI, intelligent agents, electronic agents, ontologies & expert systems in eCommerce

Some Instruction Interests IST 423 IST 452 IST 453 SRA 211 IST 402 Please drop by in 301C IST Bldg