DR. DANRIVANTO BUDHIJANTO S.H., LL.M in IT Law, FCBArb.

SPECIAL ADVISORY STAFF TO INDONESIAN ICT MINSITER

DIRECTOR OF ICT & INTELLECTUAL PROPERTY LAW DEPT. FACULTY OF LAW, UNIVERSITY OF PADJADJARAN (UNPAD)

ARBITRATOR OF BANI ARBITRATION CENTER JAKARTA

COMMISSIONER OF BADAN REGULASI TELEKOMUNIKASI INDONESIA (BRTI)-KEMKOMINFO R.I.

LEX INFORMATICA: LAW AND STRATEGIC POLICY OF DATA VALUE

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All intellectual property or any other rights reserved by prevailing law, permission

granted to reproduce for School of Computing-Telkom University on the 4th ICoICT

2016 Big Data: Buying and Selling Privacy, 28th of May 2016

and educational use only.

Commercial copying, hiring, lending is prohibited.

DISCLAIMER

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“Information society, where knowledge is

king, and information revolution”

Hamis McRae (1996)

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“It is not yet completely border-

free, a nation-states still have reason to

maintain controls in the interest of security

and public safety.” Kenichi Ohmae (2005)

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“The Future of Revolution, wherever they happen and whatever form they take, may change regimes, but they will not necessarily produce democratic outcomes” Eric Schmidt & Jared Cohen (2013)

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“The marvels of technological advance are not always risk free. Such risks and perceived risks often create new issues and disputes to which the legal system must respond.”

History Lessons for a General Theory of Law and Technology (2007) by Gregory N. Mandel

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HOMO ERECTUS

HOMO SAPIENS

HOMO INFORMATICUS

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Ubi societas

Ibi ius

where there is society, there is law

Cicero

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LEX INFORMATICA

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CYBERLAW AND

INFORMATION LAW

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INFORMATION LAW

NEUTRAL TECHNOLOGY

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CYBERLAW:

TECHNOLOGY

INFORMATION LAW:

INFORMATION

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INFORMATION AGE PROFILES OF PERSONAL INFORMATION ABOUT CUSTOMER

DATABASES OF PRODUCTS OR SERVICES

COMPUTER SOFTWARE

TRADE SECRETS

PATENTABLE INVENTION

TRADEMARKS AND INTERNET DOMAIN

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INFORMATION TECHNOLOGY VARIABELS

MASSIVE

ESCALATION

ETERNITY

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VIRTUAL JURISDICTION (extra-territorial)

ELECTRONIC MEDIA

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1. Person (human/individual)

2. Legal Entity (company, organization)

3. State

1. Electronic Documents

2. Electronic System Provider /Operator

3. Electronic Transactions

REAL WORLD vs VIRTUAL WORLD

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LEGISLATION AND REGULATION

PROTECTION:

DATA CENTER ??? OR

INFORMATION

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RIGHTS-BASED MODEL FOR INFORMATION

CONTROLLING INFORMATION

ACCESSING INFORMATION

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FRAMEWORK: CONTROLLING AND ACCESSING INFORMATION

RIGHTS OF PROPERTY

PRIVACY

ACCESS IN INFORMATION

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PRIVACY ON BIG DATA:

ASSET

VALUE

COMPETITION

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LEGAL & REGULATORY RISK

CONTEXT

CONTENT

INFORMATION GATHERING

STANDARD SETTING

BEHAVIOUR MODIFICATION

Source: Christopher Hood et.al, The Government of Risk:

Understanding Risk Regulation Regimes, Oxford Univeristy Press, 2001.

Merci bien

Arigatoo

Matur Nuwun

Hatur Nuhun

Matur se Kelangkong

Syukron

Kheili Mamnun

Danke

Terima Kasih