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.

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.

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.

The liberalisation of the EU telecommunications markets, completed on 1 January 1998, created a strong European communications sector by promoting vigorous competition and innovation. The resulting revolutionary developments in technology and markets, necessitated a comprehensive review of regulatory policy to cater for dynamic and largely unpredictable markets. The EU adopted a new common regulatory framework for electronic communications and services in 2002, which simplifies and consolidates previous legislation. The 'Framework Directive' contains common provisions that underlie separate measures dealing with access and interconnection, authorisation, universal service and user's rights, data protection, local loop unbundling, harmonisation of use of the radio spectrum and competition issues. EU Electronic Communications Law provides comprehensive and expert analysis of the new regulatory framework, which covers all communications infrastructure and associated services: satellite networks, fixed and mobile terrestrial networks, cable TV networks, other networks used for radio and television broadcasting, and services which control access to these services. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf.

The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU's relevant case law. The examination of the UK's data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU's data protection regime.

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 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.

Increasingly digital technologies are used in healthcare. This book explores eight digital health technologies, situated the context of a life span, from high-throughput genomic sequencing technologies and do-it-yourself (DIY) insulin delivery for diabetes management in paediatrics, to the use of robotic care assistants for older adults and digital advance care decisions. A scene-setting case scenario at the start of each chapter describes the digital technology and identifies the sometimes competing interests of the key stakeholders. Broad themes of resource allocation, access to technologies, informed consent, privacy of health data and ethical concerns are considered in context, alongside analysis of legal duties owed by healthcare professionals to act in their patients' best interests. This book addresses legal and ethical issues arising from the use of emerging digital health technologies and is of interest to academics, clinicians and regulators and anyone interested in the development of health technologies and the challenges they may present. It focusses on the Australian legal framework, with some comparison to other jurisdictions.

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.

A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services. This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary's actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers. With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.

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.

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.

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.

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

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.

Exploring potential scenarios of artificial intelligence regulation which prevent automated reality harming individual human rights or social values, this book reviews current debates surrounding AI regulation in the context of the emerging risks and accountabilities. Considering varying regulatory methodologies, it focuses mostly on EU's regulation in light of the comprehensive policy making process taking place at the supranational level. Taking an ethics and humancentric approach towards artificial intelligence as the bedrock of future laws in this field, it analyses the relations between fundamental rights impacted by the development of artificial intelligence and ethical standards governing it. It contains a detailed and critical analysis of the EU's Ethic Guidelines for Trustworthy AI, pointing at its practical applicability by the interested parties. Attempting to identify the most transparent and efficient regulatory tools that can assure social trust towards AI technologies, the book provides an overview of horizontal and sectoral regulatory approaches, as well as legally binding measures stemming from industries' self-regulations and internal policies.

This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.

The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

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.

Contributing to a rethink of Public Service Media, this book combines theoretical insights and legal frameworks with practice, examining theory and policy development in a bottom-up manner. It explores the practices of Public Service Media across Europe, assessing the rules that govern Public Service Media at both the EU and the National Member State level, identifying common trends, initiated by both the European Commission and individual countries, illustrating the context-dependent development of Public Service Media and challenging the theories of Public Service Broadcasting which have developed an ideal-type public broadcaster based on the well-funded BBC in an atypical media market. Seeking to further explore the actual practices of Public Service Media and make recommendations for the development of more sustainable policies, this book offers case studies of rules and practices from across a variety of EU Member States to consider the extent to which public broadcasters are making the transition to public media organisations, and how public broadcasters and governments are shaping Public Service Media together. This book is a must-read for all scholars who take an interest in Public Service Media, media policy and media systems literature at large. It will also be of interest to practitioners working in government, Public Service Media and commercial media.

This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.

Increasingly digital technologies are used in healthcare. This book explores eight digital health technologies, situated the context of a life span, from high-throughput genomic sequencing technologies and do-it-yourself (DIY) insulin delivery for diabetes management in paediatrics, to the use of robotic care assistants for older adults and digital advance care decisions. A scene-setting case scenario at the start of each chapter describes the digital technology and identifies the sometimes competing interests of the key stakeholders. Broad themes of resource allocation, access to technologies, informed consent, privacy of health data and ethical concerns are considered in context, alongside analysis of legal duties owed by healthcare professionals to act in their patients' best interests. This book addresses legal and ethical issues arising from the use of emerging digital health technologies and is of interest to academics, clinicians and regulators and anyone interested in the development of health technologies and the challenges they may present. It focusses on the Australian legal framework, with some comparison to other jurisdictions.