The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.

What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?

This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

This book is about power and freedoms in our technological world and has two main objectives. The first is to demonstrate that a theoretical exploration of the algorithmic governmentality hypothesis combined with the capability approach is useful for a better understanding of power and freedoms in Ambient Intelligence, a world where information and communication technologies are invisible, interconnected, context aware, personalized, adaptive to humans and act autonomously. The second is to argue that these theories are useful for a better comprehension of privacy and data protection concepts and the evolution of their regulation. Having these objectives in mind, the book outlines a number of theses based on two threads: first, the elimination of the social effects of uncertainty and the risks to freedoms and, second, the vindication of rights. Inspired by and building on the outcomes of different philosophical and legal approaches, this book embodies an effort to better understand the challenges posed by Ambient Intelligence technologies, opening paths for more effective realization of rights and rooting legal norms in the preservation of the potentiality of human capabilities.

This book addresses current issues regarding the ethical use of information technology in a holistic vision, by combining the perspectives of education specialists and those in the field of computer science at the level of higher education. It provides a current ethical perspective on the problems and solutions involved in the use of information technology in higher education. It appeals to readers interested in exploring the problems and appropriate solutions related to the ethical use of new technologies in higher education.

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

This is the latest book from law and technology guru Richard Susskind, author of best-selling The Future of Law, bringing together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including Susskind's very latest thinking on key topics such as knowledge management and the impact of electronic commerce and electronic government.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law?s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.

This Handbook examines the regulatory, social, financial, and technological issues pertaining to energy communities in smart cities. Evidencing the emergence of new imperatives at the intersection of sustainability, resilience, innovation, and legal issues, energy communities embody the thrust of the user-centred digital transformation our societies are subjected to today. By bridging the energy communities’ debate with smart cities research, this Handbook positions itself at the heart of the conversation on energy sustainability, climate action, and ‘just transition’. Drawing on contributions from across the globe, this book offers both a birds-eye and a detailed inter- and multidisciplinary insight into the emergence of energy communities and their evolution in the smart city context. Technological and regulatory aspects of this transition are explored from a variety of conceptual and empirical perspectives. Case studies evidencing developments in the Global South and the Global North embellish the conversation. Questions of climate change, energy efficiency, renewable energy sources, emissions’ reduction, and corresponding policy frameworks are discussed. Dedicated to all those interested in climate action, energy transition, sustainable development, and smart cities, this Handbook will be of interest to policymakers, lawyers, energy and urban experts, researchers, and students.

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and Artificial Intelligence. It is one of the results of the thirteenth annual International Conference on Computers, Privacy and Data Protection (CPDP) held in Brussels in January 2020. The development and deployment of Artificial Intelligence promises significant break-throughs in how humans use data and information to understand and interact with the world. The technology, however, also raises significant concerns. In particular, concerns are raised as to how Artificial Intelligence will impact fundamental rights. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

This volume provides an overview of cyber economic crime in India, analyzing fifteen years of data and specific case studies from Mumbai to add to the limited research in cyber economic crime detection. Centering around an integrated victim-centered approach to investigating a global crime on the local level, the book examines the criminal justice system response to cyber economic crime and proposes new methods of detection and prevention. It considers the threat from a national security perspective, a cybercrime perspective, and as a technical threat to business and technology installations. Among the topics discussed: Changing landscape of crime in cyberspace Cybercrime typology Legal framework for cyber economic crime in India Cyber security mechanisms in India A valuable resource for law enforcement and police working on the local, national, and global level in the detection and prevention of cybercrime, Cyber Economic Crime in India will also be of interest to researchers and practitioners working in financial crimes and white collar crime.

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field. The author argues that cyberlaw might best be considered a law of the 'online intermediary,' and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field. Providing an excellent summation of current, past and future cyberlaw, this volume will be extremely valuable to students, scholars, policy makers and legal practitioners with an interest in digital information and technology.

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.

The book addresses representation of the public interest in Internet standard developing organisations (SDOs). Much of the existing literature on Internet governance focuses on international organisations such as the United Nations (UN), the Internet Governance Forum (IGF) and the Internet Corporation for Assigned Names and Numbers (ICANN). The literature covering standard developing organisations has to date focused on organisational aspects. This book breaks new ground with investigation of standard development within SDO fora. Case studies centre on standards relating to privacy and security, mobile communications, Intellectual Property Rights (IPR) and copyright. The book lifts the lid on internet standard setting with detailed insight into a world which, although highly technical, very much affects the way in which citizens live and work on a daily basis. In doing this it adds significantly to the trajectory of research on Internet standards and SDOs that explore the relationship between politics and protocols. The analysis contributes to academic debates on democracy and the internet, global self-regulation and civil society, and international decision-making processes in unstructured environments. The book advances work on the Multiple Streams Framework (MS) by applying it to decision-making in non-state environments, namely SDOs which have long been dominated by private actors. The book is aimed at academic audiences in political science, computer science, communications, and science and technology studies as well as representatives from civil society, the civil service, government, engineers and experts working within SDO fora. It will also be accessible to students at the postgraduate and undergraduate levels.

Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns. This typology guides the enquiry into the existing consumer protection frameworks applying to mobile payments in selected jurisdictions (Canada, Kenya, and the United Kingdom). The main objective of this endeavour is to identify best practices that national authorities seeking to leverage mobile payments and similar innovations can emulate. This book will be of interest to policymakers, regulators, industry stakeholders, students and scholars interested in the regulation of innovative financial services, particularly from a consumer protection perspective.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical 'birth of the author' or the language-based post-structuralist 'death of the author.' Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.

Through a comparison of the telecommunications sectors in four small EU-countries, an outstanding cast of contributors explore how regulatory authorities at international, EU-, national and regional level within and between sectors coordinate their regulatory decisions in order to provide coherent regulation of markets.

This book identifies and explains the different national approaches to data protection - the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals - and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments - including the European Union's General Data Protection Regulation applicable as of 25 May 2018 - have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.

In the information society, electronic intrusion has become a new form of trespassing often causing significant problems and posing great risks for individuals and businesses. ""Socioeconomic and Legal Implications of Electronic Intrusion"" focuses on abusive and illegal practices of penetration in the sphere of private communications. A leading international reference source within the field, this book provides legal and political practitioners, academicians, and intrusion researchers with expert knowledge into global theft and spam perspectives, identity theft and fraud, and electronic crime issues.

This book contends that modern concerns surrounding the UK State's investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell's initial Postage Act 1657, namely the protection of British 'national security', broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the 'UKUSA' communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 'Intelligence Shock' triggered by publication of Edward Snowden's unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of 'transparent secrecy', now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state's policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location.

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.