Recordkeeping, Ethics and Law Regulatory Models, Participant Relatio
Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyse
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Recordkeeping, Ethics and Law Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World Livia Iacovino
Recordkeeping, Ethics and Law
THE ARCHIVIST’S LIBRARY
Volume 4 Editor-In-Chief Terry Eastwood, University of British Columbia, Canada.
Editorial Board Luciana Duranti, University of British Columbia, Canada Maria Guercio, University of Urbino, Italy Michael Piggott, The University of Melbourne, Australia
Recordkeeping, Ethics and Law Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World by
Livia Iacovino Monash University, Melbourne, VIC, Australia
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN-10 ISBN-13 ISBN-10 ISBN-13
1-4020-4691-X (HB) 978-1-4020-4691-9 (HB) 1-4020-4714-2 (e-book) 978-1-4020-4714-5 (e-book)
Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com
Printed on acid-free paper
All Rights Reserved © 2006 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed in the Netherlands.
To the person who nurtured my love of learning, my mother, Elisabetta Gelsi-Simon-Kusinszky 1910-2002
PREFACE
Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time, and therefore who controls, has access to, and is responsible for its authenticity. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes the legal and social relationship model as an analytical tool for identifying the rights and obligations of recordkeeping participants in networked ‘business’ transactions within communities of common interest based on trust. The model is also used to examine the legal concepts of property, access, privacy and evidence, with particular reference to its Internet context. As legal relationships have their basis in the law of obligations found in both common and civil law systems, as well as archival science, the model has a broad-based application. The approach in this book has been to reconcile a number of archival traditions - the common strands rather than the differences, in particular concepts of identity, trust, acts, actors, and social relationships - as fundamental concepts to social regulation. It is therefore primarily directed to archives and records academics and practitioners (especially those working within the realm of electronic records), in order to provide them with a sound the
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