This title is meant to convey the emphasis which is now placed on the valuable contents of the safe (the information) rather than just on the safe in which those contents are stored (the computer).

It should also convey to potential readers the impact of information communication technologies on the law, the increasing importance of telecommunications law and legal aspects of electronic commerce and the convergence between these fields and IT law.

In modern society, almost everything we do is intimately connected to information creation, retrieval, processing or management, and the internet is at the heart of this growing information society or knowledge economy. Technology has a real impact on people's rights, and laws have become increasingly significant, whether in the enforcement of copyright law regarding the downloading of MP3-formatted songs through file sharing technologies or in the application of the general principles of contract law to online contracts. Cyberlaw@SA IV: the law of the internet in South Africa is therefore directed at advancing the principles of digital jurisprudence. Comprehensively updated, the fourth edition of Cyberlaw@SA IV: the law of the internet in South Africa covers a wide range of topics and areas of discussion in the field of cyberlaw, from protection of domain names and personal information to identity theft and privacy. This edition provides in-depth discussions of e-taxation, protection of data, cybercrime laws, copyright law, consumer law and the processing of e-evidence and its value in civil and criminal proceedings. Cyberlaw@SA IV is a specialist legal text aimed at students, lawyers as well as other professionals such as auditors, accountants, law enforcement officers, forensic investigators, IT managers and company directors who deal with the use and implications of technology and the law.

This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure - including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

Drawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake. In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital 'regulatory spaces'; the contingency of power; law as a heterogenous 'assemblage'; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans. Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.

The Elgar Encyclopedia of Law and Data Science represents a comprehensive mapping of the field. Comprising over 60 entries, it features contributions from eminent global scholars, drawing on expertise from multiple disciplines, including law and data science, economics, computer engineering, physics, biomedical engineering and history, philosophy, neuro-engineering, political science, and geo-informatics. This Encyclopedia brings together jurists, computer scientists, and data analysts to uncover the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability. Comprehensive yet accessible, this Encyclopedia will be an indispensable resource for scholars of law, data science, artificial intelligence and law and technology. It also contains practical implications for a manifold of users: from domain experts to policy makers, from businesses to practitioners. Key Features: The first Encyclopedic coverage of the field of Law and Data Science Over 60 entries Entries organized alphabetically for ease of reference Full analytical index Interrelated multidisciplinary perspectives Unique accessibility for non-experts.

Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.

This important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology. Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers' understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.

This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fifth edition reflects significant changes since 2019, such as new laws in California and other jurisdictions, new EU Standard Contractual Clauses, data residency requirements, machine learning, data monetization trends, cloud adoption and the Internet of Things. Readers will benefit from an introduction to key data privacy concepts and useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used buzz words, as well as a rich index and checklists. This guide should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: Practical tips on deploying the new EU Standard Contractual Clauses Guidance on data maps, gap assessments, audit controls, and privacy-tech tools Updated discussion and comparison of pros and cons of cross-border transfer compliance mechanisms New guidance based on GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws Practical considerations regarding dark patterns, anonymization, COVID-19 related challenges, "Schrems 2 assessments," arbitration clauses, competition laws and data sharing. Key Features: Clear structure facilitates quick reference A-Z of data privacy provides snapshot of key topics Direction on geographical and topical prioritization Practical guide to starting, maintaining and auditing privacy compliance programs Glossaries of key acronyms and terms help navigation through the field Concise overview of practical requirements of data privacy law compliance worldwide Advice on drafting documentation and tools to complete an end-to-end process, including sample documentation and checklists.

This important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology. Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers' understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.

Advocating for more standardised data governance practices and promoting the digital economy, Data Governance in AI, FinTech and LegalTech investigates the rationale, legal base and tools of data governance in the financial sector. This timely book makes a significant contribution to the debate around how rapidly-evolving digital finance practices should be regulated. Contributions from leading researchers examine a range of financial services, offering a comprehensive assessment of the available tools for constructing multi-layered matrix systems for data governance in the financial services sector. Chapters explore data governance in the cryptocurrency market, crypto-asset providers, legal services for mergers and acquisitions, consumer insurance, consumer finance, digital platform services, securities exchanges and the green bond market. The book serves to define the legal contours of data governance, taking account of the influence of shifting business models, the views of multiple stakeholders and emerging issues surrounding data protection, privacy and cybersecurity. This is a crucial read for scholars of law and finance who are researching data regulation, data governance and financial market law. Exploring both the opportunities and risks arising from the digital transformation of financial markets, it will also be invaluable for practitioners and policy makers working in the financial sector, law, risk management and compliance.

As the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns. Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies. Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.

This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries. In this book, expert contributors explore how problems ranging from disinformation to hate speech to copyright violations are framed and tackled though legislation, codes of conduct and judicial interpretation. The chapters discuss positive law developments in the intersection of intermediary liability and rights, considering both the history and current intellectual debates surrounding European and US legislative initiatives. In addition to examining how the European Union and individual European nations regulate speech online, the book also analyses the e-Commerce Directive, the case law of the European Court of Human Rights and principles established under the United Nations. It concludes that content regulation online is best captured by the notion of 'speech curation', involving both private and public actors. Taking a human rights approach to online speech regulation, this timely book will be critical reading for academics and students of law, particularly those with an interest in internet law, information law and human rights. Its exploration of intermediary liability and fundamental rights will also be beneficial for legal practitioners working in online rights protection.

This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions. More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation. This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.

This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies.

Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders. The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging. This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.

This book covers a broad range of legal topics relating to the fields of bioinformatics and medical informatics, which relate to the intersection of biomedical information and computer programming within the contexts of scientific research, product development and healthcare delivery. A number of usually distinct bodies of legal doctrine come together in this area, sometimes overlapping, sometimes colliding in unexpected ways. Key issues discussed in the book include: An overview of the current landscape of bioinformatics and medical informatics A focus on the legal issues arising from the development and acquisition of informatics tools for use in a laboratory or healthcare setting Developments in patent and innovation law that are important for informatics applications A discussion of institutions and collaborative arrangements in which informatics applications are developed and used today Data protection and privacy issues applicable to informatics applications in the U.S. and Europe. While no single work can cover the entire set of legal issues arising from large, dynamic and complex fields such as bioinformatics and medical informatics, this book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.

Computational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies. Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods.

This timely book presents a detailed analysis of the role of law and regulation in the utilisation of Artificial Intelligence (AI) in the media sector. As well as contributing to the wider discussion on law and AI, the book also digs deeper by exploring pressing issues at the intersections of AI, media, and the law. Chapters critically re-examine various rights and responsibilities from the perspectives of incentives for accountable utilisation of AI in the industry. Featuring chapters from leading scholars in the field, Artificial Intelligence and the Media provides a timely and in-depth research-based contribution to complex themes - especially at the interface of new technology (including AI) with media and regulation. Analysing both legislative and ethical solutions, chapters explore what "AI" and "accountability" mean in terms of media practices, principles, and power relations, as well as how to address the AI revolution with informed law and policy in order to incentivise accountable utilisation of AI and to reduce negative societal impacts. Offering ideas for further research in the area, this book is key reading for academics and researchers in the fields of information and media law, regulation, and technology law. It may also interest media law practitioners, with research-based guidance for everyday practices and tools to prepare for future developments in the area.

This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-a-vis big data analysis and algorithms. Offering both theoretical and practical insights, contributions illustrate the disruptive nature of the data-driven economy. Chapters discuss how products and services are digitalised and broken into bits, that in turn are reassembled, traded and used across sectors and borders, in contrast to how algorithms are already used to influence our choices, govern our news feeds and revolutionise business models at large. Having shown algorithms and big data to be the two fundamental driving forces of the new information society, expert authors explore which policy options, institutional frameworks and values should be adopted by lawmakers and regulatory authorities in order to ensure a fair balance between private interests such as competition, innovation and the fundamental rights of individuals. Innovatively combining both public and private law perspectives, this unique book will provide a valuable resource for scholars and students of information and technology law, media law, privacy, regulatory and human rights law. Its attention to the latest developments will also prove essential for policymakers and practitioners working in related areas.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fifth edition reflects significant changes since 2019, such as new laws in California and other jurisdictions, new EU Standard Contractual Clauses, data residency requirements, machine learning, data monetization trends, cloud adoption and the Internet of Things. Readers will benefit from an introduction to key data privacy concepts and useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used buzz words, as well as a rich index and checklists. This guide should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: Practical tips on deploying the new EU Standard Contractual Clauses Guidance on data maps, gap assessments, audit controls, and privacy-tech tools Updated discussion and comparison of pros and cons of cross-border transfer compliance mechanisms New guidance based on GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws Practical considerations regarding dark patterns, anonymization, COVID-19 related challenges, "Schrems 2 assessments," arbitration clauses, competition laws and data sharing. Key Features: Clear structure facilitates quick reference A-Z of data privacy provides snapshot of key topics Direction on geographical and topical prioritization Practical guide to starting, maintaining and auditing privacy compliance programs Glossaries of key acronyms and terms help navigation through the field Concise overview of practical requirements of data privacy law compliance worldwide Advice on drafting documentation and tools to complete an end-to-end process, including sample documentation and checklists.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.