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Jowat Magazine 2013-01 EN

P|6 Progress which run automatically, where people play a secon- dary role, in spite of the fact that they are the creators and the beneficiaries, at all ends of the value-creating chain. The Law is therefore practically not enforceable. On the one hand because there is no efficient mechanism of enforcement in the global virtual space (this is not new). On the other, because any and all control instruments which would allow the system to be brought to justice again (from the regulation of social networks to the de- automatizing of useful data links, to retention of data) do not appear to maintain the proportionality of justice. Above all, however, they are not enforceable, because the users simply do not want this. Internet freedom is a value held higher than security. Companies therefore have to learn how to handle this insecurity, they have to learn to set up self-protective systems: using social me- dia strategies, a professional, modern IT security ma- nagement, and business modules that are prepared for occasional IT attacks. This would then be like a small boat sailing from Half Moon Bay inAntigua to the beach by the same name in California: It is possible, provided you have the right equipment, navigation know-how, and entrepreneurial courage. Don‘t get sidetracked to the coast of Somalia. Focus on the protection of digital property Dr. Dirk Heckmann is Professor for Public Law, Security Law, and Internet. Law at the Univer- sity of Passau. He serves as Director of the Centre for IT compliance and Trust at Zeppelin University in Friedrichshafen. He is also an expert advisor on IT Law to the German Parliament and Judge on Constitutional Law at the Bavarian Constitutional Court. Jowat Focus The author

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