This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. initiated by Fred Cate and James Dempsey to examine the This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.

This book offers an analysis of privacy impacts resulting from and reinforced by technology and discusses fundamental risks and challenges of protecting privacy in the digital age. Privacy is among the most endangered "species" in our networked society: personal information is processed for various purposes beyond our control. Ultimately, this affects the natural interplay between privacy, personal identity and identification. This book investigates that interplay from a systemic, socio-technical perspective by combining research from the social and computer sciences. It sheds light on the basic functions of privacy, their relation to identity, and how they alter with digital identification practices. The analysis reveals a general privacy control dilemma of (digital) identification shaped by several interrelated socio-political, economic and technical factors. Uncontrolled increases in the identification modalities inherent to digital technology reinforce this dilemma and benefit surveillance practices, thereby complicating the detection of privacy risks and the creation of appropriate safeguards. Easing this problem requires a novel approach to privacy impact assessment (PIA), and this book proposes an alternative PIA framework which, at its core, comprises a basic typology of (personally and technically) identifiable information. This approach contributes to the theoretical and practical understanding of privacy impacts and thus, to the development of more effective protection standards. This book will be of much interest to students and scholars of critical security studies, surveillance studies, computer and information science, science and technology studies, and politics.

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.

Tinker. R.A.V. Ollman. Hustler-Falwell. Reno-ACLU. Nebraska Press Association. These names are synonymous with contemporary First Amendment litigation. To explore these landmark cases more deeply, author Joseph Russomanno interviewed the people at the core of these and other influential First Amendment cases, and he presents their stories here in a personal, in-depth oral history of First Amendment law. Previously unavailable in other literature, these stories go beyond the "what" of the cases and answer the "why" and "how" of ten major cases from the latter part of the 20th century. Through their own words and photographs, plaintiffs, defendants, and their attorneys describe what it was like to be involved in the development of these historic First Amendment cases.
The issues addressed in these landmark cases cover crucial aspects of the First Amendment: freedom of expression, hate speech, libel, privacy, intentional infliction of emotional distress, promises of confidentiality to news sources, free press-fair trial, commercial speech, broadcast and cable television regulation, and new media. These narratives recount the events that initiated the court cases and follow the lead players through the various stages of the U.S. legal system. Excerpts of the court decisions are included at the conclusion of each chapter, and sidebars explain key terms, issues, and names that come up in the process. The cases highlighted here were often difficult and controversial--cases which, on their surface, raise questions about both the participants and their lawyers. A cross burner and a pornographer ask to be protected by the First Amendment; a measure intended to protect children from exposure to lewd content on the Internet is questioned. Through the words of the participants in these cases, the meaning, depth, and reach of the First Amendment becomes clear and demonstrates how the law functions to protect the rights of all individuals.
This unique chronicle will appeal to those studying First Amendment law, including mass communication, law, journalism, and political science scholars, and to lawyers, journalists, and political scientists with an interest in this area. The volume is also intended to serve as a supplemental text in a mass communication law course or as a text in advanced First Amendment theory course and political science courses exploring the law, decisions, and processes of the U. S. Supreme Court.

In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.

This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.

In its first and second editions, Tomorrow's Lawyers became an international bestseller, widely read and cited by practitioners and students. The third edition focuses on the law and lawyers in the 2020s. For Richard Susskind, the future of legal service is neither Grisham nor Rumpole. Instead, he predicts a world of online courts, AI-based global legal businesses, disruptive legal technologies, liberalized markets, commoditization, alternative sourcing, simulated practice on the metaverse, and many new legal jobs. This volume is a definitive and updated introduction to this future - for aspiring lawyers, and for all who want to modernize and upgrade our legal and justice systems. It offers practical guidance for everyone intending to build careers and businesses in law. Written in an era of greater technological advance than humanity has ever witnessed, this work is a call to arms: it challenges those who feel that the law and lawyers are somehow immune from technological advance; it draws attention to the unaffordability and inaccessibility of legal service, for businesses and citizens alike; it invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided. Tomorrow's Lawyers identifies new opportunities for lawyers, new ways of helping clients and the community. It enjoins its readers to become involved in building the systems that will replace outmoded forms of legal work. It argues that it is both a privilege and an obligation for tomorrow's lawyers to embrace and bring about change. A must-read for legal undergraduates, aspiring and young lawyers, senior practitioners, leaders in law firms and legal businesses, law professors and law teachers.

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights.

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.

Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.

Terrorism. Why does this word grab our attention so? Propaganda machines have adopted modern technology as a means to always have their content available. Regardless of the hour or time zone, information is being shared by somebody, somewhere. Social media is a game changer influencing the way in which terror groups are changing their tactics and also how their acts of terror are perceived by the members of the public they intend to influence. This book explores how social media adoption by terrorists interacts with privacy law, freedom of expression, data protection and surveillance legislation through an exploration of the fascinating primary resources themselves, covering everything from the Snowden Leaks, the rise of ISIS to Charlie Hebdo. The book also covers lesser worn paths such as the travel guide that proudly boasts that you can get Bounty and Twix bars mid-conflict, and the best local hair salons for jihadi brides. These vignettes, amongst the many others explored in this volume bring to life the legal, policy and ethical debates considered in this volume, representing an important part in the development of understanding terrorist narratives on social media, by framing the legislative debate. This book represents an invaluable guide for lawyers, government bodies, the defence services, academics, students and businesses.

This book investigates the intersection of terrorism, digital technologies and cyberspace. The evolving field of cyber-terrorism research is dominated by single-perspective, technological, political, or sociological texts. In contrast, Terrorism Online uses a multi-disciplinary framework to provide a broader introduction to debates and developments that have largely been conducted in isolation. Drawing together key academics from a range of disciplinary fields, including Computer Science, Engineering, Social Psychology, International Relations, Law and Politics, the volume focuses on three broad themes: 1) how - and why - do terrorists engage with the Internet, digital technologies and cyberspace?; 2) what threat do these various activities pose, and to whom?; 3) how might these activities be prevented, deterred or addressed? Exploring these themes, the book engages with a range of contemporary case studies and different forms of terrorism: from lone-actor terrorists and protest activities associated with 'hacktivist' groups to state-based terrorism. Through the book's engagement with questions of law, politics, technology and beyond, the volume offers a holistic approach to cyberterrorism which provides a unique and invaluable contribution to this subject matter. This book will be of great interest to students of cybersecurity, security studies, terrorism and International Relations.

The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: * Social media and the criminal law; * The impact of the decision in Google Spain and the 'right to be forgotten'; * The Schrems case and the demise of the Safe Harbour agreement; * The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; * The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts' argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts' decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.

Our court system is struggling. It is too costly to deliver justice for all but the few, too slow to satisfy those who can access it. Yet the values implicit in disputes being resolved in person, and in public, are fundamental to how we have imagined the fair resolution of disputes for centuries. Could justice be delivered online? The idea has excited and appalled in equal measure, promising to bring justice to all, threatening to strike at the heart of what we mean by justice. With online courts now moving from idea to reality, we are looking at the most fundamental change to our justice system for centuries, but the public understanding of and debate about the revolution is only just beginning. In Online Courts and the Future of Justice Richard Susskind, a pioneer of rethinking law for the digital age, confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate. Against a background of austerity politics and cuts to legal aid, the public case for online courts has too often been framed as a business case by both sides of the debate. Are online courts preserving the public bottom line by finding efficiencies? Or sacrificing the interests of the many to deliver cut price justice? Susskind broadens the debate by making the moral case (whether online courts are required by principles of justice) and the jurisprudential case (whether online courts are compatible with our understanding of judicial process and constitutional rights) for delivering justice online. Includes a substantial new chapter updating the book with the developments in online courts since the onset of Covid-19.

Biobanks are critical infrastructure for medical research but they are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25th May 2018 the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking in Europe. Hallinan argues that the substantive framework presented by the GDPR already offers an admirable base-line level of protection for the range of genetic privacy rights engaged by biobanking. The book further argues that, whilst numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

The Defamation Act constitutes a significant overhaul of UK defamation legislation, which follows years of concern about the detrimental effects that preceeding libel laws had on freedom of expression, and the extent to which the jurisdiction had become a magnet for libel claimants. This new Blackstone's Guide combines the full text of the Act and extracts of related relevant legislation with an expert narrative. It brings practitioners up-to-date with this complex piece of drafting. Its clear and practical layout make it the ideal reference source for anyone working in the area. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders. In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. He also considers regulation developed by the private sector, such as contractual clauses and binding corporate rules. The work then analyses policies underlying such regulation and the legal issues involved, including human rights law, public international law, and EU law. Presenting a global analysis of this important subject, Kuner also discusses the future development of transborder data flow regulation, and gives policy recommendations.

Virtual economies and financial crime are ever-growing, increasingly significant facets to banking, finance and anti-money laundering regulations on an international scale. In this pathbreaking and timely book, these two important issues are explored together for the first time in the same place. Clare Chambers-Jones examines the jurisprudential elements of cyber law in the context of virtual economic crime and explains how virtual economic crime can take place in virtual worlds. She looks at the multi-layered and interconnected issues association with the increasing trend of global and virtual banking via the 'Second Life' MMOG (Massively Multiplayer Online Game). Through this fascinating case study, the author illustrates how virtual worlds have created a second virtual economy which transgresses into the real, creating economic, political and social issues. Loopholes used by criminals to launder money through virtual worlds (given the lack of jurisdictional consensus on detection and prosecution) are also highlighted. The importance of providing legal clarity over jurisdictional matters in cyberspace is an increasing concern for policy makers and regulators, and this book provides a wealth of information on new aspects of cyber law and virtual economics. As such, it will prove essential reading for academics, students, researchers and policy makers across the fields of law generally, and more specifically, financial law and regulation, finance, money and banking, and economic crime.