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.

New Media, Old Regimes: Case Studies in Comparative Communication Law and Policy, by Lyombe S. Eko, is a collection of novel theoretical perspectives and case studies which illustrate how different communication law regimes conceptualize and apply universal ideals of human rights and freedom of expression to media controversies in real space and cyberspace. Eko's investigation includes such controversial communication policy topics as North African regimes' failed use of telecommunications to suppress the social change of the Arab Spring, the Mohammad cartoon controversy in Denmark and France, French and American policy of development and diffusion of the Minitel and the Internet, American and Russian regulation of internet surveillance, the problem of managing pedopornography in cyberspace and real space, and other current communication policy cases. This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people's personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.

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.

Convergence, participatory culture, multimedia technologies, and social media platforms are creating new communicative opportunities that fundamentally influence citizenship and journalism. Social media present a staggering breadth of legal and ethical matters to consider. The limits and laws of free expression in this new media landscape are beginning to emerge both domestically and internationally, causing us to ask the following questions: How do we conceive of privacy? Should the law protect citizen journalists? How do social media affect ethical obligations of journalists and public relations professionals? These are just a few of the issues raised by the new social media landscape. Myriad standards of professional ethics command compliance in order for various media industries to function. Scholarly researchers of social media have not yet focused on the rights of expression and ethical obligations of the new media environment. This volume will address the scope and nature of this developing environment of expression with chapter topics ranging from privacy, cyber-bullying, and harassment to defamation, intellectual property rights, and online safety.

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.

This book examines the UK's response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of 'darknet'; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards. The author creates a 'digital rights criterion' from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security. The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.

Justice apps - mobile and web-based programmes that can assist individuals with legal tasks - are being produced, improved, and accessed at an unprecedented rate. These technologies have the potential to reshape the justice system, improve access to justice, and demystify legal institutions. Using artificial intelligence techniques, apps can even facilitate the resolution of common legal disputes. However, these opportunities must be assessed in light of the many challenges associated with app use in the justice sector. These include the digital divide and other accessibility issues; the ethical challenges raised by the dehumanisation of legal processes; and various privacy, security, and confidentiality risks. Surveying the landscape of this emergent industry, this book explores the objectives, opportunities, and challenges presented by apps across all areas of the justice sector. Detailed consideration is also given to the use of justice apps in specific legal contexts, including the family law and criminal law sectors. The first book to engage with justice apps, this book will appeal to a wide range of legal scholars, students, practitioners, and policy-makers.

In order for the information society to realise its full potential, personal data has to be disclosed, used and often shared. This book explores the disclosure and sharing of data within the area of healthcare. Including an overview of how health information is currently managed, the authors argue that with changes in modern society, the idea of personal relationships with a local GP who solely holds and controls your health records is becoming rapidly outdated. The authors aim to encourage and empower patients to make informed choices about sharing their health data. They do this by developing a three-stage theoretical model for change to the roles of the NHS and the individual. The study generates debate to stimulate and inspire new models and policy, and to provoke new visions for the sharing of healthcare data. Such discussion is framed through an exploration of the changing concept of 'privacy' and 'patient control' in healthcare information management. The volume draws on best practices from Europe and the USA and combines these to form a suggested vision for the UK as an early adopter of change. The volume will be essential reading for academics in the field of privacy and data protection, as well as healthcare and informatics professionals across different jurisdictions.

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

The regulation of telecommunications really only began in South Africa after the historic first democratic election in 1994. Many developments in the policy, law and regulation have taken place since then. This book, "Telecommunications Law in South Africa", has been written to provide an overview of the policy, law and regulation of telecommunications in South Africa. It includes chapters on the important regulatory topics, including Licensing, Interconnection and Facilities Leasing, Pricing and Universal Service. It also includes chapters on The Regulators and Convergence, as well as an Overview and chapters on Economics and Technologies, authored by recognized experts in those areas. Separate chapters on the Electronic Communications and Transactions Act and The Regulation of the Interception of Communications and Provision of Communication Related Information Act are also included. This book will prove invaluable to legal practitioners in the field, as well as policy makers, legislators, regulators, journalists, academics, researchers, consultants, students, and telecommunications companies.

The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.

Cybercrime continues to skyrocket but we are not combatting it effectively yet. We need more cybercrime investigators from all backgrounds and working in every sector to conduct effective investigations. This book is a comprehensive resource for everyone who encounters and investigates cybercrime, no matter their title, including those working on behalf of law enforcement, private organizations, regulatory agencies, or individual victims. It provides helpful background material about cybercrime's technological and legal underpinnings, plus in-depth detail about the legal and practical aspects of conducting cybercrime investigations. Key features of this book include: Understanding cybercrime, computers, forensics, and cybersecurity Law for the cybercrime investigator, including cybercrime offenses; cyber evidence-gathering; criminal, private and regulatory law, and nation-state implications Cybercrime investigation from three key perspectives: law enforcement, private sector, and regulatory Financial investigation Identification (attribution) of cyber-conduct Apprehension Litigation in the criminal and civil arenas. This far-reaching book is an essential reference for prosecutors and law enforcement officers, agents and analysts; as well as for private sector lawyers, consultants, information security professionals, digital forensic examiners, and more. It also functions as an excellent course book for educators and trainers. We need more investigators who know how to fight cybercrime, and this book was written to achieve that goal. Authored by two former cybercrime prosecutors with a diverse array of expertise in criminal justice and the private sector, this book is informative, practical, and readable, with innovative methods and fascinating anecdotes throughout.

Since 25 May 2018 the General Data Protection Regulation 2016/679 (GDPR) has applied, representing a significant overhaul of data protection law in the European Union. Although it was drafted and passed by the European Union, the GDPR imposes obligations onto organisations anywhere, so long as they collect or target data relating to people in the EU. It is one of the toughest privacy and security laws in the world and harsh fines are levied against those who violate its privacy and security standards. This commentary provides a detailed examination of the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance. The second edition includes guidelines on the interpretation of the GDPR published by the European Data Protection Board as well as new case law by the Court of Justice of the European Union. This revised and updated edition includes: *a general introduction to data protection law; *full text of the GDPR's articles and recitals; *article-by-article commentary explaining the individual provisions and elements of each article. In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation.

In 1787, Thomas Jefferson, then the American Minister to France, had the "complete skeleton, skin & horns" of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed.
What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom? Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.
In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

Do courts adequately balance the rights of a free press? Under what conditions may the government refuse to release information to the news media? How can society protect itself from deceptive advertising? First Amendment questions like these are the focus of Communication Law. This introductory textbook addresses First Amendment issues that affect the general public, academics, business people, journalists, government officials, and broadcasters. This newly revised edition contains descriptions and analyses of recent and precedent-setting judicial decisions and is a valuable text for communication law courses in journalism, communication, and political science departments.

This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. Veale

This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.

It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.

The new edition of this acclaimed book gives a fully updated overview of European data protection law affecting companies, incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46), the Commission's first report on the implementation of the Directive, the Data Retention Directive, new developments in international data transfers, conflicts between security requirements and data protection, and the implementation of the Electronic Communications and Privacy Directive 2002/58 in the Member States. It also covers the recent European Court of Justice decision on the controversial export of airline passenger data to the US, and expands its European overview to include the new and acceding Member States. The book contains comprehensive coverage of data protection law, while at the same time providing pragmatic guidance on the typical compliance issues that companies face. As globalization of the world economy continues, an increasing number of business issues with data protection implications have come to the foreground, for example, outsourcing, whistleblower hotlines and records management, all of which are covered in the book. The appendices have been expanded to include most sources which a company will need, such as the texts of relevant directives, the safe harbor principles and FAQs, and charts of implementation in the Member States of specific provisions of interest to business. Thus, the book is a single reference source for companies faced with data protection issues. A Chinese edition of the book was published in 2008, making it the first in-depth treatise on European data protection law published in Chinese.

The relationship between hacking and the law has always been complex and conflict-ridden. This book examines the relations and interactions between hacking and the law with a view to understanding how hackers influence and are influenced by technology laws and policies. In our increasingly digital and connected world where hackers play a significant role in determining the structures, configurations and operations of the networked information society, this book delivers an interdisciplinary study of the practices, norms and values of hackers and how they conflict and correspond with the aims and aspirations of hacking-related laws. Describing and analyzing the legal and normative impact of hacking, as well as proposing new approaches to its regulation and governance, this book makes an essential contribution to understanding the socio-technical changes, and consequent legal challenges, faced by our contemporary connected society.

Technology has affected a wide range of issues in our personal and professional lives. And in doing so it has opened the door for new legal questions, especially with regards to intellectual property, and more specifically, copyright. New legal questions have risen with respect to the authorship of web pages, databases, computer programs and, in general, multimedia work. Is this techology internationally protected? Can Internet piracy be considered piracy? To whom does the copyright belong when more than one author exists? When is it necessary to resort to technical protection devices? By examining international laws, such as the WIPO treaties and EU law, this book offers a clear answer to these questions while focusing on how copyright does or does not protect new technology. It also examines alternative ways of protecting technologies that present the real possibility of appealing to patent and trademark law as well as an overview of the multimedia concept and the origins of copyright. This book's simple structure should help the reader to understand how to utilize current laws to protect one's work and offers an interesting and informative analysis of the subject.

Rights, Regulation and the Technological Revolution confronts a central question facing modern government - how can regulators respond to both the challenges and opportunities presented by a technologically-driven society without sacrificing legitimacy for effectiveness, or weakening the essential conditions of a stable, aspirant moral community?
Analyzing developments across biotechnology, information and communications technology, nanotechnology and neurotechnology, the book explores the difficulties facing the public control of rapid technological change, focusing on the problems of regulatory effectiveness, connection, legitimacy and compliance. The book argues that as regulators struggle to find adequate frameworks to limit, license and support new technologies, they will increasingly rely on a technological approach to complement, enhance, and even replace traditional legal strategies.
The book breaks new ground by offering the first overarching commentary on the relationship between regulators, industry, and wider society as the new technologies of the twenty-first century achieve an ever-greater penetration in our daily lives.

A powerful argument for new laws and policies regarding cyber-security, from the former US Secretary of Homeland Security. The most dangerous threat we-individually and as a society-face today is no longer military, but rather the increasingly pervasive exposure of our personal information; nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, need to be completely overhauled in the Internet era. On the one hand, the collection of data-more widespread by business than by government, and impossible to stop-should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analysed or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not only the simple loss of privacy, which is almost impossible to protect, but also that of individual autonomy-the ability to make personal choices free of manipulation or coercion. Offering colourful stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today and charts a forceful new strategy that balances the needs of government, business and individuals alike.

Maps the landscape of contemporary informational interests. Of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.