In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.

The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017-2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as 'fuzzy logic' in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting 'data subject empowerment' in the information society through the lens of the right to erasure ("right to be forgotten") in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Art.8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterise individuals' relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR's right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art. 8 Charter) in the face of power asymmetries online.

International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.

Should we regulate artificial intelligence? Can we? From self-driving cars and high-speed trading to algorithmic decision-making, the way we live, work, and play is increasingly dependent on AI systems that operate with diminishing human intervention. These fast, autonomous, and opaque machines offer great benefits - and pose significant risks. This book examines how our laws are dealing with AI, as well as what additional rules and institutions are needed - including the role that AI might play in regulating itself. Drawing on diverse technologies and examples from around the world, the book offers lessons on how to manage risk, draw red lines, and preserve the legitimacy of public authority. Though the prospect of AI pushing beyond the limits of the law may seem remote, these measures are useful now - and will be essential if it ever does.

The most fascinating and profitable subject of predictive algorithms is the human actor. Analysing big data through learning algorithms to predict and pre-empt individual decisions gives a powerful tool to corporations, political parties and the state. Algorithmic analysis of digital footprints, as an omnipresent form of surveillance, has already been used in diverse contexts: behavioural advertising, personalised pricing, political micro-targeting, precision medicine, and predictive policing and prison sentencing. This volume brings together experts to offer philosophical, sociological, and legal perspectives on these personalised data practices. It explores common themes such as choice, personal autonomy, equality, privacy, and corporate and governmental efficiency against the normative frameworks of the market, democracy and the rule of law. By offering these insights, this collection on data-driven personalisation seeks to stimulate an interdisciplinary debate on one of the most pervasive, transformative, and insidious socio-technical developments of our time.

This collection explores the relevance of global trade law for data, big data and cross-border data flows. Contributing authors from different disciplines including law, economics and political science analyze developments at the World Trade Organization and in preferential trade venues by asking what future-oriented models for data governance are available and viable in the area of trade law and policy. The collection paints the broad picture of the interaction between digital technologies and trade regulation as well as provides in-depth analyses of critical to the data-driven economy issues, such as privacy and AI, and different countries' perspectives. This title is also available as Open Access on Cambridge Core.

Addressing the problems surrounding cyber security and cyberspace, this book bridges the gap between the technical and political worlds to increase our understanding of this major security concern in our IT-dependent society, and the risks it presents. Only by establishing a sound technical understanding of what is and is not possible can a properly informed discussion take place, and political visions toward cyberspace accurately map and predict the future of cyber security. Combining research from the technical world that creates cyberspace with that of the political world, which seeks to understand the consequences and uses of cyberspace, Steed analyses and explains the circumstances that have led to current situations whereby IT-dependent societies are vulnerable to, and regularly victims of, hacking, terrorism, espionage, and cyberwar. Two fundamental questions are considered throughout the book: what circumstances led to this state of affairs? And what solutions exist for the future of cyberspace? In tackling these questions, Steed also analyses the emergent and increasingly competing political positions on offer to stabilise the landscape of cyberspace. This interdisciplinary work will appeal to researchers and students of Security Studies, Intelligence Studies, Strategic Studies and International Relations as well as cybersecurity practitioners charged with developing policy options.

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

The question of how to tax multinational companies that operate highly digitalised business models is one of the most contested areas of international taxation. The tax paid in the jurisdictions in which these companies operate has not kept pace with their immense growth and the OECD has proposed a new international tax compromise that will allocate taxing rights to market jurisdictions and remove the need to have a physical presence in the taxing jurisdictions in order to sustain taxability. In this work, Craig Elliffe explains the problems with the existing international tax system and its inability to respond to challenges posed by digitalised companies. In addition to looking at how the new international tax rules will work, Elliffe assesses their likely effectiveness and highlights features that are likely to endure in the next waves of international tax reform.

Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing Knowledge Commons framework with Helen Nissenbaum's Contextual Integrity framework. The multidisciplinary case studies show that personal information is often a key component of the resources created by knowledge commons. Moreover, even when it is not the focus of the commons, personal information governance may require community participation and boundaries. Taken together, the chapters illustrate the importance of exit and voice in constructing and sustaining knowledge commons through appropriate personal information flows. They also shed light on the shortcomings of current notice-and-consent style regulation of social media platforms. This title is also available as Open Access on Cambridge Core.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

Networks powered by algorithms are pervasive. Major contemporary technology trends - Internet of Things, Big Data, Digital Platform Power, Blockchain, and the Algorithmic Society - are manifestations of this phenomenon. The internet, which once seemed an unambiguous benefit to society, is now the basis for invasions of privacy, massive concentrations of power, and wide-scale manipulation. The algorithmic networked world poses deep questions about power, freedom, fairness, and human agency. The influential 1997 Federal Communications Commission whitepaper "Digital Tornado" hailed the "endless spiral of connectivity" that would transform society, and today, little remains untouched by digital connectivity. Yet fundamental questions remain unresolved, and even more serious challenges have emerged. This important collection, which offers a reckoning and a foretelling, features leading technology scholars who explain the legal, business, ethical, technical, and public policy challenges of building pervasive networks and algorithms for the benefit of humanity. This title is also available as Open Access on Cambridge Core.

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.

Social media has many advantages for professional communication - but it also carries considerable risks, including legal pitfalls. This book equips students and communication professionals with the knowledge and skills to help minimise the risks that can arise when they post or host on social media. It offers them strategies for taking advantage of the opportunities of social media while also navigating the ethical, legal, and organisational risks that can lead to audience outrage, brand damage, expensive litigation and communication crises. The book uses stakeholder theory and risk analysis tools to anticipate, identify, address and balance these opportunities and risks. It takes a global approach to risk and social media law, drawing on fascinating case studies from key international jurisdictions to explain and illustrate the basic principles. Whether you are a corporate communicator, social media manager, journalist, marketer, blogger or student you will find this book an essential addition to your professional library as the first reference point when social media and legal risks arise.

Offers the most accessible overview of the topic currently available. Suitable for students coming to the topic without a law background. The authors have diverse backgrounds in academia, journalism and practice, and present the subject clearly and dynamically.

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.

There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

Addressing the problems surrounding cyber security and cyberspace, this book bridges the gap between the technical and political worlds to increase our understanding of this major security concern in our IT-dependent society, and the risks it presents. Only by establishing a sound technical understanding of what is and is not possible can a properly informed discussion take place, and political visions toward cyberspace accurately map and predict the future of cyber security. Combining research from the technical world that creates cyberspace with that of the political world, which seeks to understand the consequences and uses of cyberspace, Steed analyses and explains the circumstances that have led to current situations whereby IT-dependent societies are vulnerable to, and regularly victims of, hacking, terrorism, espionage, and cyberwar. Two fundamental questions are considered throughout the book: what circumstances led to this state of affairs? And what solutions exist for the future of cyberspace? In tackling these questions, Steed also analyses the emergent and increasingly competing political positions on offer to stabilise the landscape of cyberspace. This interdisciplinary work will appeal to researchers and students of Security Studies, Intelligence Studies, Strategic Studies and International Relations as well as cybersecurity practitioners charged with developing policy options.

This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

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.

This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's online community. Cultural, political and economic forces, as reflected in national or regional norms, have also incentivised virtual borders in the West. The nation state is asserting itself. Yet, there are also signs of the receding role of the state in favour of corporations wielding influence through de-facto control over content and technology. This volume contributes to the online governance debate by joining ideas from law, politics and human geography to explore internet jurisdiction and its overlap with topics such as freedom of expression, free trade, democracy, identity and cartographic maps.