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The transformative impacts of digitalization on society are visible
both within nation states and across borders. Information and
communication technologies are typically considered beneficial for
democracy. Nevertheless, this book explores the challenges that
technology brings to democracy, and in so doing advances our
understanding of this crucial digital, social and political
phenomenon. It contributes to the broader discussion of the
relationship between international, national and sub-national
norms, institutions and actors in an increasingly connected world.
Insightful and current, this book offers a wide variety of
perspectives in an area where there is still not yet an extensive
body of research. It considers, for example: the extent to which
new forms of digital political engagement change traditional
democratic decision-making; how receptive national governments and
authorities are to digital democratic movements; how governments
can uphold the values of democratic society while also ensuring
flexibility with regard to the private sector; and how we should
judge these developments in light of the cross-border effects of
digitalization. Understanding the influence of digitalization on
democracy is crucial. As such, this book will appeal to a broad
audience including, but not limited to, social scientists, policy
makers, legal researchers, NGOs, governments, students and lawyers.
Contributors include: M. Adams, A. Banerjee, E. Bayamlioglu, C.L.
Blake, J. Cudmore, C. Cuijpers, A. Dumas, C.R. Farina, M.-J. Garot,
T. Gylfason, H.L. Kong, E.A. Lazzari, P.L. Lindseth, N. Luka, A.
Meuwese, L.F.M. Moncau, C. Nam, M. Newhart, U. Pagallo, I. Pernice,
C. Prins, R. Radu, M.S.G. Rosina, R. Weill, K. van Aeken, B. Zhao,
N. Zingales
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
In 1967, Justice John Marshall Harlan introduced the litmus test of
'a reasonable expectation of privacy' in his concurring opinion in
the US Supreme Court case of Katz v. United States. Privacy,
regulations to protect privacy, and data protection have been legal
and social issues in many Western countries for a number of
decades. However, recent measures to combat terrorism, to fight
crime, and to increase security, together with the growing social
acceptance of privacy-invasive technologies can be considered a
serious threat to the fundamental right to privacy. What is the
purport of 'reasonable expectations of privacy'? Reasonable
expectations of privacy and the reality of data protection is the
title of a research project being carried out by TILT, the Tilburg
Institute for Law, Technology, and Society at Tilburg University,
The Netherlands. The project is aimed at developing an
international research network of privacy experts (professionals,
academics, policymakers) and to carry out research on the practice,
meaning, and legal performance of privacy and data protection in an
international perspective. Part of the research project was to
analyse the concept of privacy and the reality of data protection
in case law, with video surveillance and workplace privacy as two
focal points. The eleven country reports regarding case law on
video surveillance and workplace privacy are the core of the
present book. The conclusions drawn by the editors are intended to
trigger and stimulate an international debate on the use and
possible drawbacks of the 'reasonable expectations of privacy'
concept. The editors are all affiliated to TILT - Tilburg Institute
for Law, Technology, and Society, Tilburg University, The
Netherlands. This is Volume 7 in the Information Technology and Law
(IT&Law) Series
This open access book offers a strategic perspective on AI and the
process of embedding it in society. After decades of research,
Artificial Intelligence (AI) is now entering society at large. Due
to its general purpose character, AI will change society in
multiple, fundamental and unpredictable ways. Therefore, the
Netherlands Scientific Council for Government Policy (WRR)
characterizes AI as a system technology: a rare type of
technologies that have a systemic impact on society. Earlier system
technologies include electricity, the combustion engine and the
computer. The history of these technologies provides us with useful
insights about what it takes to direct the introduction of AI in
society. The WRR identifies five key tasks to structurally work on
this process: demystification, contextualisation, engagement,
regulation and positioning. By clarifying what AI is
(demystification), creating a functional ecosystem
(contextualisation), involving diverse stakeholders (engagement),
developing directive frameworks (regulation) and engaging
internationally (positioning), societies can meaningfully influence
how AI settles. Collectively, these activities steer the process of
co-development between technology and society, and each
representing a different path to safeguard public values. Mission
AI - The New System Technology was originally published as an
advisory report for the government of the Netherlands. The
strategic analysis and the outlined recommendations are, however,
relevant to every government and organization that aims to take up
'misson AI' and embed this newest system technology in our world.
This open access book offers a strategic perspective on AI and the
process of embedding it in society. After decades of research,
Artificial Intelligence (AI) is now entering society at large. Due
to its general purpose character, AI will change society in
multiple, fundamental and unpredictable ways. Therefore, the
Netherlands Scientific Council for Government Policy (WRR)
characterizes AI as a system technology: a rare type of
technologies that have a systemic impact on society. Earlier system
technologies include electricity, the combustion engine and the
computer. The history of these technologies provides us with useful
insights about what it takes to direct the introduction of AI in
society. The WRR identifies five key tasks to structurally work on
this process: demystification, contextualisation, engagement,
regulation and positioning. By clarifying what AI is
(demystification), creating a functional ecosystem
(contextualisation), involving diverse stakeholders (engagement),
developing directive frameworks (regulation) and engaging
internationally (positioning), societies can meaningfully influence
how AI settles. Collectively, these activities steer the process of
co-development between technology and society, and each
representing a different path to safeguard public values. Mission
AI - The New System Technology was originally published as an
advisory report for the government of the Netherlands. The
strategic analysis and the outlined recommendations are, however,
relevant to every government and organization that aims to take up
'misson AI' and embed this newest system technology in our world.
This open access book offers an analysis of why preparations for
digital disruption should become a stated goal of security policy
and policies that aim to safeguard the continuity of critical
infrastructure. The increasing use of digital technology implies
new and significant vulnerabilities for our society. However, it is
striking that almost all cyber-security measures taken by
governments, international bodies and other major players are aimed
at preventing incidents. But there is no such thing as total
digital security. Whether inside or outside the digital domain,
incidents can and will occur and may lead to disruption. While a
raft of provisions, crisis contingency plans and legal regulations
are in place to deal with the possibility of incidents in the 'real
world', no equivalence exists for the digital domain and digital
disruption. Hence, this book uniquely discusses several specific
policy measures government and businesses should take in order to
be better prepared to deal with a digital disruption and prevent
further escalation.
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