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Authority and Access: Focusing the U.S. v.Van Buren
( Sim Sukchan ) 홍익대학교 법학연구소 2022 동북아법 Vol.14 No.-
In 2006, a British mathematician announced a famous sentence that “Data is the new oil.” It fascinated many IT companies made them secure data as much as possible as a valuable future asset. Now, data becomes a leading industrial area in many countries also we are still anticipating its further possibilities. As he mentioned decades years ago, data is one of the fundamental assets for current business, and therefore, companies set their heart to keep their data from unauthorized access from competitors or hackers. The Computer Fraud and Abuse Act (CFAA), ban unauthorized access to a computer. The law prohibits users’ unauthorized access or exceeds authorized to data that protects the original intention of data providers. It is originated traditional trespass to chattel in torts that protect personal property and exclusive right to use of the asset. However, data seems to differ from the normal property. Without the understanding of data and its industry, applying law under the custom would prevent the growth of new industries. It is hard work to harmonize between regulating and supporting data industries in law. Paradoxically, the behavior of a corrupt police officer is the basis for a consistent interpretation of the law.
Comparative Research: The Data Industry Act of Korea and the EU Data Act
( Sukchan Sim ) 홍익대학교 법학연구소 2023 동북아법 Vol.15 No.-
As data begins to be spotlighted as a field of industry, many countries are in a hurry to legislate on data. Europe is probably the most active region. The EU, which has refined the data system in Europe through the EU Governance Strategy and GDPR enactment, has recently announced the Proposal of EU Data Act to spur the data industry. The biggest feature of this legislative bill is that it distinguishes data industry entities and proposes data transactions through bond transactions between them. This method is meaningful in that it reduces exhausting rights disputes arising from existing data ownership issues and activates data exchange. On the other hand, Korea enacted the Data Industry Act at the same time and is striving to foster the data industry and protect data. However, the current data industry law is limited to presenting various support systems, so there is also a limit to presenting legal relationships between data stakeholders of the industry.