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

This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.

IT Contracts and Dispute Management provides in-depth analysis of the legal issues that customers and suppliers involved in a technology project can face at each of its critical stages. The authors offer a practitioner'?s-eye view of both the impact of those issues and how to resolve them or minimise their effect. Key features include:? guidance on all stages of a technology project presented in the order in which they typically occur? discussion of the tender process, preparation of contract terms and project delivery? advice on how to manage commonly occurring issues, such as delayed delivery? insight into potential methods of project ?'resuscitation'? when difficulties arise advice on ?'end of project?' issues, including termination options, formal resolution of disputes and quantification of losses first-hand insights drawing on the authors?' extensive personal experiences throughout. Being the only published work in this area relating to English law, this book will be a valuable resource for lawyers in private practice who are advising clients on the avoidance or resolution of disputes arising from IT projects. It will also be of great interest to in-house legal counsel who advise that part of their business responsible for procuring, supplying, or managing an IT project.

This book critiques the contemporary recourse to transparency in law and policy. This is, ostensibly, the information age. At the heart of the societal shift toward digitalisation is the call for transparency and the liberalisation of information and data. Yet, with the recent rise of concerns such as 'fake news', post-truth and misinformation, where the policy responses to all these phenomena has been a petition for even greater transparency, it becomes imperative to critically reflect on what this dominant idea means, whom it serves, and what the effects are of its power. In response, this book provides the first sustained critique of the concept of transparency in law and policy. It offers a concise overview of transparency in law and policy around the world, and critiques how this concept works discursively to delimit other forms of governance, other ways of knowing and other realities. It draws on the work of Michel Foucault on discourse, archaeology and genealogy, together with later Foucaultian scholars, including Gayatri Chakravorty Spivak and Judith Butler, as a theoretical framework for challenging and thinking anew the history and understanding of what has become one of the most popular buzzwords of 21st century law and governance. At the intersection of law and governance, this book will be of considerable interest to those working in these fields; but also to those engaged in other interdisciplinary areas, including society and technology, the digital humanities, technology laws and policy, global law and policy, as well as the surveillance society.

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 book presents a collection of state-of-the-art approaches to utilizing machine learning, formal knowledge bases and rule sets, and semantic reasoning to detect attacks on communication networks, including IoT infrastructures, to automate malicious code detection, to efficiently predict cyberattacks in enterprises, to identify malicious URLs and DGA-generated domain names, and to improve the security of mHealth wearables. This book details how analyzing the likelihood of vulnerability exploitation using machine learning classifiers can offer an alternative to traditional penetration testing solutions. In addition, the book describes a range of techniques that support data aggregation and data fusion to automate data-driven analytics in cyberthreat intelligence, allowing complex and previously unknown cyberthreats to be identified and classified, and countermeasures to be incorporated in novel incident response and intrusion detection mechanisms.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While information on privacy topics is freely available, it can be diffcult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fourth revised edition reflects significant changes to data privacy law since 2017 such as the entering into force of the EU General Data Protection Regulation, as well as the challenges companies face with respect to data monetization, cloud adoption and the Internet of Things. With data privacy law enforcement at an all time high, readers will benefit from this introduction to key data privacy concepts and the useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tackling other tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used words and terms. This should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: updated guidance based on EU GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws in-depth discussion of pros and cons of cross-border transfer compliance mechanisms trends, tips and terms for contracts roadmap for addressing data subject access and deletion rights checklists for marketing and data monetization programs guidance for impact assessments and accountability documentation information relating to hot topics in privacy such as clinical trials, artificial intelligence, connected cars risk mitigation suggestions for product manufacturers Key Features: A-Z of data privacy provides snapshot of key topics practical guide to starting, maintaining and auditing privacy compliance programs glossaries of key acronyms and terms help the user to navigate through the field sample documentation and checklists to ensure the clearest possible guidance advice on drafting documentation and tools to complete an end-to-end process concise overview of the practical requirements of data privacy compliance worldwide clear structure facilitates quick reference.

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.

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

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 book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.

This innovative book sets itself at the crossroads of several rapidly developing areas of research in legal and global studies related to social computing, specifically in the context of how public emergency responders appropriate content on social media platforms for emergency and disaster management. The book - a collaboration between computer scientists, ethicists, legal scholars and practitioners - should be read by anyone concerned with the ongoing debate over the corporatization and commodification of user-generated content on social media and the extent to which this content can be legally and ethically harnessed for emergency and disaster management. The collaboration was made possible by EU's FP 7 Project Slandail (# 607691, 2014-17).

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

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.

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.

First published in 1997, this volume explores how we live in a society which is developing beyond human experience and comprehension - fast. Advances in technology and medicine are profoundly affecting the manner of human living from the beginning through to the end of life. These advances present exciting and demanding challenges to law-makers, policy-makers and healthcare providers, who make decisions about genetics, human reproduction, competence, medical treatment priorities and dying. They also compel us to pay attention to human rights. This international collection of essays combines the thoughts and ideas of women scholars writing about these complex developments and aims at provoking debate and dissension as well as an opportunity for reflection. The writers explore a range of common themes in different areas and provide a coherent framework for law and policy-making, to serve as a foundation for the challenges ahead.

Is social media changing who we are? We assume social media is only a tool for our modern day communications and interactions, but is it quietly changing our identities and how we see the world and one another? Our current debate about the human behaviors behind social media misses the important effects these social networking technologies are having on our sense of shared morality and rationality. There has been much concern about the loss of privacy and anonymity in the Information Age, but little attention has been paid to the consequences and effects of social media and the behavior they engender on the Internet. In order to understand how social media influences our morality, Lisa S. Nelson suggests a new methodological approach to social media and its effect on society. Instead of beginning with the assumption that we control our use of social media, this book considers how the phenomenological effects of social media influences our actions, decisions, and, ultimately, who we are and who we become. This important study will inform a new direction in policy and legal regulation for these increasingly important technologies.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.

This is a unique interdisciplinary exploration of the contemporary phenomenon of online medicine purchasing. In this research, Sugiura provides a criminological understanding of the sale of online medicines as well as the traditional illegal markets. Crucially, the practice is investigated from the perspective of web users, moving beyond the headlines and warning campaigns to contextualise the provision of medicines online, to describe this practice and subjective accounts of purchasing medicines from the Web. Drawing together established deviance theories, Respectable Deviance and Purchasing Medicine Online considers the construction of online medicine purchasing, the justifications presented to challenge how it is labelled, and how the behaviour is managed to show how the framing of risks and deviance is challenged online. Offering a much-needed a critical overview of the UK healthcare regulatory system, Sugiura also analyses literature, data and policy documents originating from different countries highlighting that the geographical locations of participants in web forums, online surveys and non-face-to-face interviews cannot always be verified. With broad implications for regulation and safety surrounding medicines online, this innovative and timely study contributes to current online healthcare debates and broadens our understanding of cybercrime. It will be of particular interest to scholars of cybercrime and those interested in the changing nature of deviance.

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.

Cyber Mercenaries explores the secretive relationships between states and hackers. As cyberspace has emerged as the new frontier for geopolitics, states have become entrepreneurial in their sponsorship, deployment, and exploitation of hackers as proxies to project power. Such modern-day mercenaries and privateers can impose significant harm undermining global security, stability, and human rights. These state-hacker relationships therefore raise important questions about the control, authority, and use of offensive cyber capabilities. While different countries pursue different models for their proxy relationships, they face the common challenge of balancing the benefits of these relationships with their costs and the potential risks of escalation. This book examines case studies in the United States, Iran, Syria, Russia, and China for the purpose of establishing a framework to better understand and manage the impact and risks of cyber proxies on global politics.

This book constitutes the refereed proceedings of the 10th International Conference on Digital Forensics and Cyber Crime, ICDF2C 2018, held in New Orleans, LA, USA, in September 2018. The 11 reviewed full papers and 1 short paper were selected from 33 submissions and are grouped in topical sections on carving and data hiding, android, forensic readiness, hard drives and digital forensics, artefact correlation.

The use of biometric identification systems is rapidly increasing across the world, owing to their potential to combat terrorism, fraud, corruption and other illegal activities. However, critics of the technology complain that the creation of an extensive central register of personal information controlled by the government will increase opportunities for the state to abuse citizens. There is also concern about the extent to which data about an individual is recorded and kept. This book reviews some of the most current and complex legal and ethical issues relating to the use of biometrics. Beginning with an overview of biometric systems, the book goes on to examine some of the theoretical underpinnings of the surveillance state, questioning whether these conceptual approaches are still relevant, particularly the integration of ubiquitous surveillance systems and devices. The book also analyses the implementation of the world's largest biometric database, Aadhaar, in detail. Additionally, the identification of individuals at border checkpoints in the United States, Australia and the EU is explored, as well as the legal and ethical debates surrounding the use of biometrics regarding: the war on terror and the current refugee crisis; violations of international human rights law principles; and mobility and privacy rights. The book concludes by addressing the collection, use and disclosure of personal information by private-sector entities such as Axciom and Facebook, and government use of these tools to profile individuals. By examining the major legal and ethical issues surrounding the debate on this rapidly emerging technology, this book will appeal to students and scholars of law, criminology and surveillance studies, as well as law enforcement and criminal law practitioners.