Many pressing environmental and security threats now facing the international community may be traced to the frontiers. From climate change and cyber-attacks to the associated challenges of space weaponization and orbital debris mitigation, solutions to all of these issues have at their root some form of regulation over the 'global commons'. Yet governance over these spaces is now transitioning away from multilateral treaties to regional and bilateral accords. This book makes an original contribution by comparing and contrasting some of the principal issues facing the frontiers. It analyzes how and why existing governance structures are often failing to adequately meet global collective action problems, with special coverage on cybersecurity and Internet governance. It proposes a new way forward incorporating lessons from successful regimes as well as the interdisciplinary scholarship on polycentric governance, arguing that multi-stakeholder collaboration is imperative in order to avoid tragedies of the global commons.

By adopting a multi-disciplinary approach, this book provides a comprehensive analysis of the legality of the use of autonomous weapons systems under international law. It examines different arguments presented by States, roboticists and scholars to demonstrate the challenges such systems will create for the laws of war. This study examines how technology of warfare seeks to increase the dissociation of risk and communication between weapons and their human operators. Furthermore, it explains how algorithms might give rise to 'errors' on the battlefield that cannot be directly attributed to human operators. Against this backdrop, Dr Seixas-Nunes examines three distinct legal frameworks: the distinction between the legality of weapons and the laws of targeting; different mechanisms of individual accountability and the importance of recovering the category of 'dolus eventualis' for programmers and technicians and, finally, State responsibility for violations of the laws of war caused by weapons' software errors.

As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship - and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.

Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

This little gem of a book, which first appeared in 1920, was written in Walter Lippmann's thirtieth year. He was still full of the passionate faith in democracy that was evident in his writings before the First World War.

From today's point of view, Lippmann's argument seems unusually prescient. He was troubled by distortions in newspaper journalism, but was also deeply aware of the need to protect a free press. Lippmann believed that toleration of alternative beliefs was essential to maintaining the vitality of democracy.

Liberty and the News is a key transitional work in the corpus of Lippmann's writings. For it is here that he proposes that public opinion is largely a response not to truths but rather to a "pseudo-environment" which exists between people and the external world. Lippmann was worried that if the beliefs that get exchanged between people are hollow, and bear only a purely accidental relationship to the world as it truly is, then the entire case for democracy is in danger of having been built on sand. His concerns remain very much alive and important.

The internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on internet governance, written by the leading scholars in the field.With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality. Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for internet governance in national governments and intergovernmental organizations. Contributors: J.M. Bauer, A. Brown, I. Brown, L. Bygrave, J. Cave, N. Economides, L. Edwards, A.M. Froomkin, G. Greenleaf, J. Hofmann, G. Hosein, R.F. Jorgensen, C.T. Marsden, A. Matwyshyn, T.J. McIntyre, M. Mueller, A. Powell, J. Tag, M. van Eeten, R.H. Weber, M. Ziewitz

Regulators have been more permissive for medical devices compared to their drug and biologic counterparts. While innovative products can thereby reach consumers more quickly, this approach raises serious public health and safety concerns. Additionally, the nature of medical devices is rapidly changing, as software has become as important as hardware. Regulation must keep pace with the current developments and controversies of this technology. This volume provides a multidisciplinary evaluation of the ethical, legal, and regulatory concerns surrounding medical devices in the US and EU. For medical providers, policymakers, and other stakeholders, the book offers a framework for the opportunities and challenges on the horizon for medical device regulation. Readers will gain a nuanced overview of the latest developments in patient privacy and safety, innovation, and new regulatory laws. This book is also available as Open Access on Cambridge Core.

Regulators have been more permissive for medical devices compared to their drug and biologic counterparts. While innovative products can thereby reach consumers more quickly, this approach raises serious public health and safety concerns. Additionally, the nature of medical devices is rapidly changing, as software has become as important as hardware. Regulation must keep pace with the current developments and controversies of this technology. This volume provides a multidisciplinary evaluation of the ethical, legal, and regulatory concerns surrounding medical devices in the US and EU. For medical providers, policymakers, and other stakeholders, the book offers a framework for the opportunities and challenges on the horizon for medical device regulation. Readers will gain a nuanced overview of the latest developments in patient privacy and safety, innovation, and new regulatory laws. This book is also available as Open Access on Cambridge Core.

The desire for humanity and the desire for security have co-existed as long as humans have been alive. As science has become increasingly sophisticated, so have the methods of self-defence by States. Nanotechnology is already changing warfare by increasing capabilities upon which armed forces are heavily reliant: more efficient energy storage, advanced photovoltaics, and improved military protective equipment to name a few of these developments. Some applications of nanomaterials by the military are both powerful and subtle, and have neurological and biological applications: 'devices that can infiltrate electronics and seize control at crucial moments, artificial "disease" agents that can rest harmlessly in victims' bodies until activated by an external signal'. The advance of the use or contemplation of use of these types of nanoscale applications by the military requires urgent analysis in light of existing international law, particularly in light of their potential effects on humans and on the environment.

Financial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights. With contributions from international leading experts, topics will include: Policy, High-level Principles, Trends and Perspectives Fintech and Lending Fintech and Payment Services Fintech, Investment and Insurance Services Fintech, Financial Inclusion and Sustainable Finance Cryptocurrencies and Cryptoassets Markets and Trading Regtech and Suptech This Handbook will be of great relevance for practitioners and students alike, and a first reference point for academics researching in the fields of banking and financial markets law.

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.

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.

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.

The field of artificial intelligence has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as 'speech', the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society. To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be 'content' to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques. This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of 'law and AI' will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems. Contributors include: W. Barfield, S. Bayern, S.J. Blodgett-Ford, R.G.A. Bone, T. Burri, A. Chin, J.A. Cubert, M. de Cock Buning, S. De Conca, S-.A. Elvy, A. Ezrachi, R. Leenes, Y. Lev-Aretz, A.R. Lodder, R.P. Loui, T.M. Massaro, L.T. McCarty, J.O. McGinnis, F. Moslein, H. Norton, N. Packin, U. Pagallo, S. Quattrocolo, W. Samore, F. Shimpo, M.E. Stucke, R. van den Hoven van Genderen, L. Vertinsky, A. von Ungern-Sternberg, J.F. Weaver, Y-.H. Weng, I. Wildhaber

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.

Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy?
These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment.
Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying.
Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity.
The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.

What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.

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.