'A most welcome book on the most neglected of topics by a pioneering team of interdisciplinary scholars. The volume illuminates the rendering asunder of the borders that previously protected personal information, even when the individual was in ''public'' and helps us see the muddying of the simple distinction between public and private. The book asks what public and private mean (and should mean) today as smart phones, embedded sensors and related devices overwhelm the barriers of space, time, physicality, and inefficiency that previously protected information. This collection offers a needed foundation for future conceptualization and research on privacy in literal and virtual public spaces. It should be in the library of anyone interested in the social, policy and ethical implications of information technologies.' - Gary T. Marx, Massachusetts Institute of Technology 'How we should think about privacy in public spaces in a world of artificial intelligence and ubiquitous sensors is among the most interesting and pressing questions in all of privacy studies. This edited volume brings together some of Europe and America's finest minds to shed theoretic and practical light on a critical issue of our time.' - Ryan Calo, University of Washington 'The deepest conundrum in the privacy world-especially, in light of the internet of other people's things-is perhaps the notion of privacy in public. Unraveling this practically Kantian antinomy is the ambitious aim of this important new collection. Together and apart, this intriguing assemblage of scientists, social scientists, philosophers and lawyers interrogate subjects ranging from conceptual distinctions between ''space'' and ''place'' and the social practice of ''hiding in plain sight'', to compelling ideas such as ''privacy pollution'' and the problem of ''out-of-body DNA''. With this edited volume, the team from TILT has curated a convincing account of the importance of preserving privacy in increasingly public spaces.' - Ian Kerr, University of Ottawa, Canada With ongoing technological innovations such as mobile cameras, WiFi tracking, drones, and augmented reality, aspects of citizens' lives are becoming increasingly vulnerable to intrusion. This book brings together authors from a variety of disciplines (philosophy, law, political science, economics, and media studies) to examine privacy in public space from both legal and regulatory perspectives. The contributors explore the contemporary challenges to achieving privacy and anonymity in physical public space at a time when legal protection remains limited in comparison to `private' space. To address this problem, the book clearly demonstrates why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through `privacy bubbles', obfuscation and surveillance transparency, as well as by revising the assumptions underlying current privacy laws. Scholars and students who teach and study issues of privacy, autonomy, technology, urban geography and the law and politics of public spaces will be interested in this book. Contributors include: M. Brincker, A. Daly, A.M. Froomkin, M. Galic, J.M. Hildebrand, B.-J. Koops, M. Leta, K. Mause, M. Nagenborg, B.C Newell, A.E. Scherr, T. Timan, S.B. Zhao

Cryptography is essential for information security and electronic commerce, yet it can also be abused by criminals to thwart police wiretaps and computer searches. How should governments address this conflict of interests? Will they require people to deposit crypto keys with a `trusted' agent? Will governments outlaw cryptography that does not provide for law-enforcement access? Can the police require suspects to hand over keys, thus infringing the privilege against self-incrimination? Or should law enforcement forget about wiretapping and computer searches altogether? This is not yet another study of the crypto controversy to conclude that this or that interest is paramount. This is not a study commissioned by a government, nor is it a report that campaigns on the electronic frontier. "The Crypto Controversy" is neither a cryptography handbook nor a book drenched in legal jargon. "The Crypto Controversy" pays attention to the reasoning of both privacy activists and law-enforcement agencies, to the particulars of technology as well as of law, to "solutions" offered both by cryptographers and by governments. The author proposes a method to balance the conflicting interests and applies this to the Dutch situation, explaining both technical and legal issues for those interested in the subject.

New technologies affect the legal system, but do they and should they also affect constitutional rights? These are questions that every country has to address, taking into account their constitutional system and legal tradition. This book surveys changes in constitutional rights and human-rights policy related to developments in ICT and new technologies in the USA, Canada, France, Germany, Sweden, Belgium and the Netherlands. The seven country reports provide in-depth accounts of changes to the constitutional system (such as a constitutional review and the influence of international law), case law and (policy) developments with respect to freedom of expression, privacy, inviolability of the body, inviolability of the home and freedom of communication. The book is recommended to policy-makers, members of the judiciary, academics and practitioners, as it provides inspiration for diverging strategies to achieve continued protection for the widely-shared constitutional values of privacy and freedom of expression.

Cybercrime is remarkably varied and widespread, and financial losses range from a few hundred dollars being extorted to multi-million dollar cyberfraud cases. Increasingly, cybercrime also involves the risk of terrorist attacks bringing down a major part of the Internet. Countries are discovering that it may be impossible for them to prosecute cybercriminals. Cybercrimes, unlike 'ordinary' crimes, are transnational in nature and it is often difficult to say just where they take place. This causes legal problems, since jurisdiction is usually still confined to the place where the crime was committed. A related issue is to what extent the police can investigate cybercrimes across borders, through the Internet: do they infringe the sovereignty of other countries? This book surveys how these issues in cybercrime jurisdiction are dealt with by countries around the world, including the US, Japan, Korea, India, Brazil, Chile, Australia, New Zealand, Italy, Germany, Belgium, Denmark, and the UK. A score of experts assess how well the laws of their countries and the Cybercrime Convention deal with transnational cybercrime, and how jurisdiction conflicts should be resolved. With this in-depth survey of views and practices of cybercrime jurisdiction, the authors hope to contribute to a more concerted international effort towards effectively fighting cybercrime. The book is therefore highly recommended to policy-makers, members of the judiciary, academics and practitioners. Bert-Jaap Koops is Professor of Regulation & Technology at the Tilburg Institute for Law, Technology, and Society (TILT) of Tilburg University, The Netherlands. Susan W. Brenner is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law, Ohio, US.

How does the 'on-line' world relate to the 'off-line' world? Is it different, separate, or even unique compared to the off-line world, or just a part thereof? And when do we need to regulate it, and how? These have become important, but complex questions for legislators, policy-makers, regulators, and politicians who design regulatory frameworks to address fast-moving technologies that change society in intricate ways. Over the course of time, governments and international organizations have developed regulatory 'starting points', in order to consistently and effectively deal with ICT and Internet regulation. These offer policy one-liners such as 'what holds off-line, must hold on-line' and 'regulation should be technology-neutral'. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation. It digs deeper than existing literature in trying to find out in which cases the starting points merit attention, and how we should really use them. This volume is the product of close collaboration and debate between scholars working at the Tilburg Institute for Law, Technology, and Society (TILT), to which international colleagues have added valuable reactions and reflections. The contributions in this volume have been written by TILT researchers Simone van der Hof, Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins, Maurice Schellekens. and Kees Stuurman, and by guest authors Dan Burk (University of Minnesota), Herbert Burkert (University of St. Gallen), and Yves Poullet (Facultes universitaires Notre-Dame de la Paix, Namur). This is Volume 9 in the Information Technology and Law (IT&Law) Series

This book discusses issues regarding conceptualization, governance and implementation of responsible innovation. It treats different approaches to making responsible innovation a reality and it contains new case studies that illustrate challenges and solutions. Research on Responsible Innovation is by its nature highly multidisciplinary, and also pro-active, design-oriented and policy-relevant. Until a few years back, the concept of Responsible Innovation was hardly used - nowadays it is increasingly receiving attention from both researchers and policy makers. This is indispensable reading for anyone interested in or working on innovation.

This book centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children's rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects. Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further. But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University's Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world. This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law. Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands.

Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalization. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? If they create regulations, should these reflect the rules of the physical world? How can one enforce national rules in a world where acts take place somewhere in Cyberspace? This text presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonization, international co-operation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalization. This volume shows to what extent governments are meeting this challenge.

Today, public space has become a fruitful venue for surveillance of many kinds. Emerging surveillance technologies used by governments, corporations, and even individual members of the public are reshaping the very nature of physical public space. Especially in urban environments, the ability of individuals to remain private or anonymous is being challenged. Surveillance, Privacy, and Public Space problematizes our traditional understanding of 'public space'. The chapter authors explore intertwined concepts to develop current privacy theory and frame future scholarly debate on the regulation of surveillance in public spaces. This book also explores alternative understandings of the impacts that modern living and technological progress have on the experience of being in public, as well as the very nature of what public space really is. Representing a range of disciplines and methods, this book provides a broad overview of the changing nature of public space and the complex interactions between emerging forms of surveillance and personal privacy in these public spaces. It will appeal to scholars and students in a variety of academic disciplines, including sociology, surveillance studies, urban studies, philosophy, law, communication and media studies, political science, and criminology.

The volume is collection of articles treating the topic of human improvement/enhancement from a variety of perspectives - philosophical, literary, medical, genetic, sociological, legal etc. The chapters in this volume treat not only those aspects that most immediately come to mind when one thinks of 'human enhancement', such as genetic engineering, cloning, artificial implants and artificial intelligence etc. Somewhat less obvious aspects include evolutionary perspectives in connection with the prolongation of the human lifespan, plastic surgery since its beginnings, and questions such as whether the distinction between 'natural' and 'artificial' can really be drawn at all and how it has been conceived across the ages, or what the legal implications are of recent developments and techniques. Many papers make links to the representation of these developments in popular culture, from Jules Verne through Aldous Huxley to the movie Gattaca, address the hopes and fears that come with them as well as the question how realistic these are. While all chapters are written by scientists at the international top of their respective fields, all are accessible to a non-specialist audience and eminently readable. We believe that they represent a state-of-the art overview of questions that are of interest to a large audience. The book thus targets a non-specialist audience with an interest in philosophical, sociological, scientific and legal issues involved in both traditional and recent matters concerning the desire of mankind to improve itself, the human body, the human mind and the human condition. It is unique in that it brings together all these aspects within a coherent and cohesive collection.

This book addresses the methodological issues involved in responsible innovation and provides an overview of recent applications of multidisciplinary research. Responsible innovation involves research into the ethical and societal aspects of new technologies (e.g. ICT, nanotechnology, biotechnology and brain sciences) and of changes in technological systems (e.g. energy, transport, agriculture and water). This research is highly multidisciplinary. It involves close collaboration between researchers in such diverse fields as ethics, social science, law, economics, applied science, engineering - as well as innovative, design-oriented and policy-relevant. Although there is a trend to engage ethicists and social scientists early in technology development, most literature in the field of Technology Assessment or Ethics of Technology is still aimed at one discipline whereas this book incorporates different approaches and to discuss experiences, lessons and more general theoretical issues.

The volume is collection of articles treating the topic of human improvement/enhancement from a variety of perspectives - philosophical, literary, medical, genetic, sociological, legal etc. The chapters in this volume treat not only those aspects that most immediately come to mind when one thinks of 'human enhancement', such as genetic engineering, cloning, artificial implants and artificial intelligence etc. Somewhat less obvious aspects include evolutionary perspectives in connection with the prolongation of the human lifespan, plastic surgery since its beginnings, and questions such as whether the distinction between 'natural' and 'artificial' can really be drawn at all and how it has been conceived across the ages, or what the legal implications are of recent developments and techniques. Many papers make links to the representation of these developments in popular culture, from Jules Verne through Aldous Huxley to the movie Gattaca, address the hopes and fears that come with them as well as the question how realistic these are. While all chapters are written by scientists at the international top of their respective fields, all are accessible to a non-specialist audience and eminently readable. We believe that they represent a state-of-the art overview of questions that are of interest to a large audience. The book thus targets a non-specialist audience with an interest in philosophical, sociological, scientific and legal issues involved in both traditional and recent matters concerning the desire of mankind to improve itself, the human body, the human mind and the human condition. It is unique in that it brings together all these aspects within a coherent and cohesive collection.

This book discusses issues regarding conceptualization, governance and implementation of responsible innovation. It treats different approaches to making responsible innovation a reality and it contains new case studies that illustrate challenges and solutions. Research on Responsible Innovation is by its nature highly multidisciplinary, and also pro-active, design-oriented and policy-relevant. Until a few years back, the concept of Responsible Innovation was hardly used - nowadays it is increasingly receiving attention from both researchers and policy makers. This is indispensable reading for anyone interested in or working on innovation.