This book provides an overview of the topics of data, sovereignty, and governance with respect to data and online activities through a legal lens and from a cybersecurity perspective. This first chapter explores the concepts of data, ownerships, and privacy with respect to digital media and content, before defining the intersection of sovereignty in law with application to data and digital media content. The authors delve into the issue of digital governance, as well as theories and systems of governance on a state level, national level, and corporate/organizational level. Chapter three jumps into the complex area of jurisdictional conflict of laws and the related issues regarding digital activities in international law, both public and private. Additionally, the book discusses the many technical complexities which underlay the evolution and creation of new law and governance strategies and structures. This includes socio-political, legal, and industrial technical complexities which can apply in these areas. The fifth chapter is a comparative examination of the legal strategies currently being explored by a variety of nations. The book concludes with a discussion about emerging topics which either influence, or are influenced by, data sovereignty and digital governance, such as indigenous data sovereignty, digital human rights and self-determination, artificial intelligence, and global digital social responsibility. Cumulatively, this book provides the full spectrum of information, from foundational principles underlining the described topics, through to the larger, more complex, evolving issues which we can foresee ahead of us.

ISO/IEC 27701:2019: An introduction to privacy information management offers a concise introduction to the Standard, aiding those organisations looking to improve their privacy information management regime, particularly where ISO/IEC 27701:2019 is involved.

How does the 'on-line' world relate to the 'off-line' world? Is it different, separate, or even unique compared to the off-line world, or just a part thereof? And when do we need to regulate it, and how? These have become important, but complex questions for legislators, policy-makers, regulators, and politicians who design regulatory frameworks to address fast-moving technologies that change society in intricate ways. Over the course of time, governments and international organizations have developed regulatory 'starting points', in order to consistently and effectively deal with ICT and Internet regulation. These offer policy one-liners such as 'what holds off-line, must hold on-line' and 'regulation should be technology-neutral'. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation. It digs deeper than existing literature in trying to find out in which cases the starting points merit attention, and how we should really use them. This volume is the product of close collaboration and debate between scholars working at the Tilburg Institute for Law, Technology, and Society (TILT), to which international colleagues have added valuable reactions and reflections. The contributions in this volume have been written by TILT researchers Simone van der Hof, Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins, Maurice Schellekens. and Kees Stuurman, and by guest authors Dan Burk (University of Minnesota), Herbert Burkert (University of St. Gallen), and Yves Poullet (Facultes universitaires Notre-Dame de la Paix, Namur). This is Volume 9 in the Information Technology and Law (IT&Law) Series

Summary Explains in easy-to-understand terms what executives and senior managers need to know and do about the ever-changing cyber threat landscape. Gives strategic, business-focused guidance and advice relevant to C-suite executives. Provides an effective and efficient framework for managing cyber governance, risk and compliance. Explains what is required to implement an effective cyber security strategy. Description With high-profile cyber attacks, data breaches and fines for GDPR (General Data Protection Regulation) non-compliance hitting the headlines daily, businesses must protect themselves and their reputations, while reassuring stakeholders they take cyber security seriously. Cyber attacks are becoming more sophisticated and prevalent, and the cost of data breaches is soaring. In addition, new regulations and reporting requirements make cyber security a critical business issue. Board members and senior management must understand the threat landscape and the strategies they can employ to establish, implement and maintain effective cyber resilience throughout their organisation. How Cyber Security Can Protect your Business - A guide for all stakeholders provides an effective and efficient framework for managing cyber governance, risk and compliance, which organisations can adapt to meet their own risk appetite and synchronise with their people, processes and technology. It explains what is meant by governance, risk and compliance, how it applies to cyber security and what is required to implement an effective cyber security strategy. The pocket guide: Gives readers a greater understanding of cyber governance, risk and compliance; Explains what executives, senior managers and their advisors need to know and do about the ever-changing cyber threat landscape; Provides context as to why stakeholders need to be aware of and in control of their organisation's cyber risk management and cyber incident response; Gives guidance on building an appropriate and efficient governance framework that enables organisations to demonstrate their cyber approach in a non-technical, strategic, business-focused way; Details an overview process to enable risk assessment, assess existing defence mitigations and provide a framework for developing suitable controls; and Includes a checklist to help readers focus on their higher-priority cyber areas. Suitable for all managers and executives, this pocket guide will be of interest to non-cyber specialists, including non-executive directors, who may be required to review cyber arrangements. For cyber specialists, it provides an approach for explaining cyber issues in non-jargonistic, business-based language. Kick-start your journey to becoming cyber secure - buy this pocket guide today!

Vital to the effective functioning of voluntary organisations is the trust of people - the beneficiaries, clients, regulators, donors, volunteers and paid staff. Open, fair and well-managed data protection practice is not just desirable in helping to achieve that trust, but essential. Get it wrong and there is reputational damage and costs attached. Data Protection for voluntary organisations will enable you to set a shining example of best practice and also comply with UK data legislation and the General Data Protection Regulation (GDPR) in force since 2018. This book will help you: * Understand the key principles and elements of data protection * Recognise your main responsibilities as a data controller * Distinguish when you can and can't retain data * Appreciate what the rights of the data subject are Who is this book for? A must-read for anyone in the UK voluntary sector who wants to get beyond tick-box data management. Invaluable to data managers or those who handle personal information such as IT, personnel, marketing and fundraising departments. For professional advisers, and academics it will also offers a valuable summary drawing out key data protection points by examining and interpreting the primary legislation.

The Internet has been integral to the globalization of a range of goods and production, from intellectual property and scientific research to political discourse and cultural symbols. Yet the ease with which it allows information to flow at a global level presents enormous regulatory challenges. Understanding if, when, and how the law should regulate online, international flows of information requires a firm grasp of past, present, and future patterns of information flow, and their political, economic, social, and cultural consequences.

In "The Global Flow of Information," specialists from law, economics, public policy, international studies, and other disciplines probe the issues that lie at the intersection of globalization, law, and technology, and pay particular attention to the wider contextual question of Internet regulation in a globalized world. While individual essays examine everything from the pharmaceutical industry to television to "information warfare" against suspected enemies of the state, all contributors address the fundamental question of whether or not the flow of information across national borders can be controlled, and what role the law should play in regulating global information flows.

Ex Machina series

Contributors: Frederick M. Abbott, C. Edwin Baker, Jack M. Balkin, Dan L. Burk, Miguel Angel Centeno, Dorothy E. Denning, James Der Derian, Daniel W. Drezner, Jeremy M. Kaplan, Eddan Katz, Stanley N. Katz, Lawrence Liang, Eli Noam, John G. Palfrey, Jr., Victoria Reyes, and Ramesh Subramanian

This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

Do conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure - one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.' - Julie E. Cohen, Georgetown University, US'Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as 'must read' though few actually are; this one genuinely is.' - Andrew Murray, London School of Economics, UK This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called 'data-driven agency' threaten privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Nevertheless, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the Rule of Law. Academics and researchers interested in the philosophy of law and technology will find this book both discerning and relevant. Practitioners and policy makers in the areas of law, computer science and engineering will benefit from the insight into smart technologies and their impact today.

Few will deny that public service broadcasting--broadcasting that is controlled neither by the state nor by private media corporations--is an essential ingredient in modern democracy. But, as a number of initiatives in transition economies have shown, the inception and development of a strong public broadcasting system is a Herculean task that is easily sidetracked by politics or ideology, or stalled by lack of funding. Especially when state budgets are stretched, the expense is hard to justify. This collection of documents, comments, and cases brings all the major issues in public service broadcasting policy into focus and sets the problems to be addressed in sharp relief. It draws on white papers from NGOs and broadcasters, legislation from a wide range of countries (and a model law), accounts of public broadcasting efforts in transition states, analyses of evolving policy in established systems, government regulatory guidelines, and a great deal more. Among the matters touched upon are the following: the principles of public service broadcasting and their cultural and economic justification; limiting state interference; the place of public broadcasting in a multi-channel, "market-driven" world; the appropriate mix of public and private revenues; objectivity and impartiality in broadcasting; how institutional structures can shape programming strategies; the use of competition law to adjust relations between public and private broadcasting; EU accession standards for public service broadcasting; and the impact of digital broadcasting.

This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.

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.

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.

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 book centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children's rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects. Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further. But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University's Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world. This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law. Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands.

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 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 explores the current impasse that global regulators face in the digital sphere. Computer technology has advanced human civilization tenfold, but the freedom to interact with others in cyberspace has made individuals, discrete communities, organizations and governments more vulnerable to abuse. In consequence, political decision-makers are seriously considering granting limited legal immunity to victims who decide to 'hack- back.' Many victims frustrated by the slow pace of law enforcement in cyberspace have chosen to 'take the law into their own hands,' retaliating against those who have stolen valuable data and damaged network operations. Political deliberations about limited immunity for hackbacks usually ignore global justice and moral justifications for 'active defense' policies. Typically, cyber security policies balance deterrence against two different understandings of morality and the 'good life' : fairness or welfare. This book proposes a third moral rationale for cyber security policies : capability theory, developed principally by Amartya Sen and Martha Nussbaum. Properly formulated, a capability-based defense of retaliatory hackbacks can minimize attribution and cyber-escalation risks, deter bad behavior by casual computer users, disingenuous security experts, big tech companies, criminals and rogue governments, and satisfy calls for more retributive and distributive justice in the 'open world'. This book will appeal to legal theorists, political philosophers, social activists, investors, international relations scholars and businesspeople in the tech community.

Ensuring online safety has become a topic on the regulatory agenda in many Western societies. However, regulating for online safety is far from easy, due to the wide variety of national and international, private and public actors and stakeholders that are involved. When regulating online risks for children it is important to strike the right balance between protection against harms on the one hand and safeguarding their fundamental freedoms and rights on the other. The authors in this book attempt to grapple with precisely this theme: striking the right balance between ensuring safety for children on the internet while at the same time enabling them to experiment, to learn, to enrich their lives, to acquire skills and to have fun using this global network. The authors come from various scientific disciplines, ranging from law to social science and from media studies to philosophy. This means that the book provides the reader with both empirical and theoretical/conceptual chapters and sheds a multi-disciplinary light on the complex topic of regulating online safety for children.

Social media hasn't just changed society-it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined-some of which present ethical problems. Examines the criminal justice system from multiple perspectives in order to give fair attention to the successful uses of social media as well as the abuses Comprehensively covers current issues that have broad, long-term repercussions for the criminal justice system Provides a convenient overview of all the information related to social media and criminal law in one place Cites relevant cases and statutes

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.