Deciphering Pervasive Computing: A Study of Jurisdiction, E-Fraud and Privacy in Pervasive Computing Environment

Deciphering Pervasive Computing: A Study of Jurisdiction, E-Fraud and Privacy in Pervasive Computing Environment

Grace Li (University of Technology, Sydney, Australia)
DOI: 10.4018/978-1-60566-220-6.ch011
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Abstract

Pervasive computing and communications is emerging rapidly as an exciting new paradigm and discipline to provide computing and communication services all the time and everywhere. Its systems are now invading every aspect of life to the point that they are disappearing inside all sorts of appliances or can be worn unobtrusively as part of clothing and jewelry. This emergence is a natural outcome of research and technological advances in wireless networks, embedded systems, mobile computing, distributed computing, and agent technologies. At the same time, this emergence brings challenging issues to the legal framework surrounding it. As well recognized, law is a discipline that has direct relevance to human behaviour and its adjoining environment. Thus, a study of law can be a study of the living environment and the people who are in it. This surely brings difficulties for us to study the law in a future scenario such as pervasive computing environment. Attempting to forecast the future of law, technology, and human behaviour is a very risky proposition. Hence, it is impossible to fully discuss topics such as “legal aspects of pervasive computing”. This chapter aims to provide a general observation of various legal issues connecting with pervasive computing technologies. To avoid a skeleton introduction piece, the main part of this chapter concentrates on three particular issues: Jurisdiction and the choice of law issue, electronic fraud issue, and the privacy issue. These three are unsettled issues in the current computing environment and believed to become more complicated and controversial in the near future with a wider adoption of ubiquitous computing technology. In the end, this chapter suggests that, to serve the future computing environment better, the legal and regulatory framework should focus on the improvement of internal monitoring of risks and vulnerabilitiesgreater information sharing about these risks and vulnerabilities. Moreover, the role of government should focus on education and training on the care and use of these technologies and better reporting of risks and responses. A fully embedded computing environment that is safe and sound to live in will need more collaboration between individuals, commercial organizations, and the government.
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Introduction

Pervasive/ubiquitous computing refers to the ubiquitous presence of computing in both mobile and embedded environments, with the ability to access and update information anywhere, anyplace and anytime. At their core, all models of ubiquitous computing share a vision of small, inexpensive, robust networked processing devices, distributed at all scales throughout everyday life and generally turned to distinctly quotidian ends (Greenfield 2006). The term “pervasive computing” does not have any orthodox definition. People use this term to describe the kind of computing that will result from the trends of convergence in communications and information technology - and particularly, wireless technologies and the Internet. Put it in a simplE way, pervasive computing is what happens when the Internet gets ubiquitous, embedded, and animated (Kang & Cuff 2005).

Although the phrase “ubiquitous computing” was coined by Mark Weiser1 about 20 years ago2, only in the past few years, it is truly taking root due to the technology developments and the commercial taking-ups. Despite the fact that smart devices have been used widely in military for years (Nanomarket 2006), nowadays, they have already been used in many areas of our daily life, such as healthcare records, lab order entry and results reporting, billing and costs as well as personnel scheduling (Acharyulu 2007). We see other usages include use cell phone for vending machine and pay for train tickets (Kilburn 2001). Also, it is not rare to see PDA with wireless connections to Web, broker, child’s school, appointments and telephone numbers. Networked coffee shop becomes more and more popular such as Wi-Fi at StarBucks (StarBucks 2008).

Pervasive computing devices are not personal computers as we tend to think of them, but very tiny - even invisible - devices, either mobile or embedded in almost any type of object imaginable, including cars, tools, appliances, clothing and various consumer goods - all communicating through increasingly interconnected networks. According to Dan Russell, director of the User Sciences and Experience Group at IBM’s Almaden Research Centre, by 2010 computing will have become so naturalised within the environment that people will not even realise that they are using computers. Russell and other researchers expect that in the future smart devices all around us will maintain current information about their locations, the contexts in which they are being used, and relevant data about the users (SearchNet 2008).

Technologies have had long history of being utilized to make our life easier and more interesting. In a way, pervasive computing is far more ambitious than all other technologies we experienced in the past. It aims to provide us with an entire new living environment. Although this new living environment is made up by different pieces of technologies, the final product (which is the ubiquitous computing to be created) is significant. As one expert explained - the Internet is going away in the same sense that electricity and plumbing did in the 20th century - out of sight and out of mind (Brenner 2006).

Application of all these technology based innovations had already made our life much easier and more colorful, however, at the same time, our human dependence of machine had been increased to an extreme level and as a consequence, the vulnerability of our living environment became substantial. With a full embedment of pervasive computing technology in the near future, the vulnerability is bound to be raised to a more significant level.

Complete Chapter List

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Dedication
Table of Contents
Foreword
Jeffrey Soar
Preface
Varuna Godara
Chapter 1
Varuna Godara
Pervasive computing is trying to make the dreams of the science fiction writers come true—where you think of some type of convenience and you have... Sample PDF
Pervasive Computing: A Conceptual Framework
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Chapter 2
Varuna Godara
The need for more and more flexibility (in terms of time and location) in business operations, contextbased services, decentralization of business... Sample PDF
Pervasive Business Infrastructure: The Network Technologies, Routing and Security Issues
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Chapter 3
Deo Prakash Vidyarthi
The proliferation of the capable mobile devices has given the opportunity to utilize these devices for various purposes. The mobile devices being... Sample PDF
Computational Mobile Grid: A Computing Infrastructure on Mobile Devices
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Chapter 4
Mark J.W. Lee
This chapter investigates the use of mobile digital technologies for learning, or mobile learning (mlearning), across a variety of education and... Sample PDF
Mobile and Pervasive Technology in Education and Training: Potential and Possibilities, Problems and Pitfalls
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Chapter 5
Gaya Prasad
Microorganisms are ubiquitous in their presence. They are present in air, soil, water, and all kinds of living creatures. Varieties of microbes have... Sample PDF
Ubiquitous Computing for Microbial Forensics and Bioterrorism
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Chapter 6
Jonathan G.M. Pratt
This chapter presents the major findings of case study research investigating uncritical assessment of an institution-wide learning management... Sample PDF
Falling Behind: A Case Study in Uncritical Assessment
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Chapter 7
Yvonne Lee, Martin Kornberger
In the rapidly changing digital marketplace, firms increasingly try to look for new ways to acquire, engage, and retain their consumers. In doing... Sample PDF
Strategizing in the Digital World: Aligning Business Model, Brand and Technology
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Chapter 8
Helena Halas, Tomaž Klobucar
This chapter explores the influence of pervasive computing on companies and their businesses, with the main stress on business models. The role of... Sample PDF
Business Models and Organizational Processes Changes
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Chapter 9
Te Fu Chen
To date, identifying barriers and critical success factors (CSFs) and integrating business model in implementing e-business for SMEs, have not been... Sample PDF
The Critical Success Factors and Integrated Model for Implementing E-Business in Taiwan's SMEs
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Chapter 10
Lawan Ahmed Mohammed
The change in physical structures of computing facilities into small and portable devices, or even wearable computers, has enhanced ubiquitous... Sample PDF
Security Issues in Pervasive Computing
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Chapter 11
Grace Li
Pervasive computing and communications is emerging rapidly as an exciting new paradigm and discipline to provide computing and communication... Sample PDF
Deciphering Pervasive Computing: A Study of Jurisdiction, E-Fraud and Privacy in Pervasive Computing Environment
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Chapter 12
Reima Suomi, Tuomas Aho, Tom Björkroth, Aki Koponen
Accurate identification of individuals is a cornerstone of any modern society. Without identification, we cannot recognize the parties of different... Sample PDF
Biometrical Identification as a Challenge for Legislation: The Finnish Case
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Chapter 13
Antony Glambedakis
This chapter sets out to inform the reader about the impact of pervasive computers in aviation passenger risk profiling. First is an overview of the... Sample PDF
Pervasive Computers in Aviation Passenger Risk Profiling
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Chapter 14
Penny Duquenoy, Oliver K. Burmeister
There is a growing concern both publicly and professionally surrounding the implementation of Information and Communication Technologies (ICT) and... Sample PDF
Ethical Issues and Pervasive Computing
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Chapter 15
Phillip W.J. Brook
This chapter explores the implications of knowledge sharing in an era of pervasive computing, and concludes that, perhaps counter-intuitively... Sample PDF
Knowledge Sharing and Pervasive Computing: The Need for Trust and a Sense of History
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Chapter 16
Patrice Braun
In view of the fact that women are playing an increasingly important role in the global economy, this chapter examines business skilling in the... Sample PDF
Advancing Women in the Digital Economy: eLearning Opportunities for Meta-Competency Skilling
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Chapter 17
B.K. Mangaraj, Upali Aparajita
The future of pervasive computers largely depends upon culture studies of human societies. This forms a challenging field of social research because... Sample PDF
Cultural Dimension in the Future of Pervasive Computing
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Chapter 18
Genevieve Watson
Pervasive computers cover many areas of both our working and personal lives. This chapter investigates this phenomenon through the human factors... Sample PDF
Outline of the Human Factor Elements Evident with Pervasive Computers
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Chapter 19
Kalawati Malik
This chapter analyses the impact of computer and video games on the development of children. First introductory part of this chapter informs its... Sample PDF
Impact of Computer and Video Games on the Development of Children
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About the Contributors