Digital, IT and Communications law Books

Book SynopsisOur 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.Trade ReviewIn summary, Susskind's latest book is another extraordinary contribution to justice reform. It is an engaging work that will hopefully spark debate and reform. It is written with a lively tone and provides much food for thought about what our justice systems could look like now and into the future. * Tania Sourdin, University of Newcastle, Australia, Journal of Law and Society *Table of ContentsPART ONE - CONTEXT 1: The case for change 2: Advances in technology 3: Thinking strategically 4: Legal theory of courts 5: Physical, virtual, online hearings 6: Access to justice revisited PART TWO - ARCHITECTURE 7: The vision 8: Online guidance 9: Assisted argument 10: Containment 11: Online resolution by judges 12: Civil, criminal, family disputes 13: Case studies PART THREE - THE CASE AGAINST 14: Economy-class justice 15: Adversarial v investigatory 16: Open justice and fair trial 17: Face-to-face justice 18: Digital exclusion 19: Loss of majesty 20: Public sector technology PART FOUR - THE FUTURE 21: Machine learning and prediction 22: Technology-mediated negotiation 23: Artificial intelligence 24: Telepresence, augmented reality and virtual reality 25: The role for human beings Further Reading

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Book SynopsisWhat effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone’s lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.Trade ReviewTechnology is fundamentally revolutionising the world of work - in this magisterial contribution, Aloisi and De Stefano traverse the impact of innovation on jobs, from the prospect of full automation to platform work and future-proofing labour law. It will be of great value to scholars and practitioners in law, labour market economics, and beyond. * Jeremias Adams-Prassl, Professor of Law, Oxford University, UK *Your Boss is an Algorithm is an indispensable resource to anyone thinking about how to understand and govern technology at work. Aloisi and De Stefano provide brilliant—and urgent—analysis of platform labor and the role of artificial intelligence in constraining our collective futures. But more critically, they provide a ‘future-proof’ framework to regulate innovation. * Veena Dubal, Professor of Law, University of California Hastings College of the Law, USA *Table of ContentsIntroduction 1. Navigating Uncharted Waters I. A Future Without Work? Raining on the ‘Full Automation’ Parade A. The ‘Robocalypse’ is Postponed to a Later Date II. The Digital is Political. Adopting a ‘Human in Command’ Approach 2. A Changing Labour Market I. The Consequences for the ‘Jobs that Remain’ II. Technology at Work A. Smart Robots, IoT and Manufacturing: Mind the Machines with Minds B. Remote Work, Out of Sight and Out of Place? Beyond the Pandemic Panopticon C. Selective Affinities: Matchmaking is the New Recruiting III. Work at the Service of Technology A. ‘People are Numbers’: Count or be Counted B. Working under the Algorithmic Boss C. Beating AI at its Own Game 3. Social Rights in the Digital Age I. What We Talk About When We Talk About ‘Platform Work’ (And Why Do We Talk About it So Much?) II. ‘What is Mine is Yours’. Doublespeak and the Mythology of Sharing A. Workers on Tap and Untapped Appetites B. The Platform Paradigm, Rethinking the Master–Server Dialectic C. The European Way: Strengthening the Social Dimension Step by Step III. Labour Law between Obsolescence and Resistance A. Regulation, Flexibility and the ‘Spirit’ of Innovation B. Moving Towards a Universal Model of Protection for Modern Times? C. The Big Family of Non-Standard Forms of Employment Conclusions: A Job Well Done I. Future-Proof Labour Law A. Universal Basic Income, Radical Measures in Search of Sustainability B. Collective Voice versus Digital Despotism: Negotiating the Algorithm C. And They Lived Happily and Connected Ever after: Saving the Digital Transformation from Itself

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Book SynopsisInformation technology affects all aspects of modern life. From the information shared on social media such as Facebook, Twitter, and Instagram to online shopping and mobile devices, it is rare that a person is not touched by some form of IT every day.Information Technology Law examines the legal dimensions of these everyday interactions with technology and the impact on privacy and data protection, as well as their relationship to other areas of substantive law, including intellectual property and criminal proceedings. Focusing primarily on developments within the UK and EU, this book provides a broad-ranging introduction and analysis of the increasingly complex relationship between the law and IT.Information Technology Law is essential reading for students of IT law and also appropriate for business and management students, as well as IT and legal professionals.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include a catalogue of web links to key readings and updates to the law since publication.Trade ReviewReview from previous edition It's a leading book on Information Technology Law offering a detailed account and authoritative insights on fascinating topical issues in easily accessible narrative * Dr Mark Leiser, University of Leiden *Table of ContentsPrivacy, Anonymity, and Data Protection 1: The dead of privacy and the growth of surveillance 2: The emergence of data protection 3: The scope of data protection 4: Supervisory agencies 5: The data protection principles 6: Individual rights and remedies 7: Sectoral aspects of data protection 8: Transborder data flows Part II - Computer-Related Crime 9: National and international responses to computer-related crime 10: Substantive criminal law provisions 11: Virtual criminality 12: Detecting and prosecuting computer crime Part III - Intellectual Property Issues 13: The emergence and forms of intellectual property law 14: Key elements of the patent system 15: Software patents 16: Copyright protection 17: Enforcement issues 18: Protection of databases 19: Design rights 20: Trademark issues 21: Internet domain names Part IV - E-Commerce 22: International and european initiatives in e-commerce 23: Electronic money 24: Contractual issues

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Book SynopsisOur society has a technology problem. Many want to disconnect from screens but can''t help themselves. These days we spend more time online than ever. Some turn to self-help-measures to limit their usage, yet repeatedly fail, while parents feel particularly powerless to help their children. Unwired: Gaining Control over Addictive Technologies shows us a way out. Rather than blaming users, the book shatters the illusion that we autonomously choose how to spend our time online. It shifts the moral responsibility and accountability for solutions to corporations. Drawing lessons from the tobacco and food industries, the book demonstrates why government regulation is necessary to curb technology addiction. It describes a grassroots movement already in action across courts and legislative halls. Groundbreaking and urgent, Unwired provides a blueprint to develop this movement for change, to one that will allow us to finally gain control.Trade Review'Gaia Bernstein's Unwired offers a compelling roadmap for tackling one of our most pressing problems: the irresistible pull of technology. Over the course of our lives, we and our children will spend between fifteen and twenty years glued to our screens. As Bernstein shows, though, there are regulatory remedies at hand to help us retain our time and our wellbeing.' Adam Alter, Professor of Marketing and Psychology, NYU Stern School of Business, author of Irresistible and Drunk Tank Pink'In this important and powerful book, Gaia Bernstein shows us how to reclaim our power and our humanity from the Big Tech cartel that have intentionally addicted us to their devices and platforms.' Nicholas Kardaras, Ph.D., Author of 'Glow Kids' and 'Digital Madness", former Clinical Professor, Stony Brook Medicine'Unwired is a compelling, accessible, and vital intervention into the overuse of technology. Instead of offering overly simplistic self-help strategies that are doomed to fail, Professor Bernstein rightly targets the manipulative design of technologies and the need for us to work together to hold the tech industry accountable. This book vividly blends personal stories with the latest research and lessons from history to paint a clear picture of our struggle with screens and what it's going to take to improve things. Everyone should read this book.' Woodrow Hartzog, Professor of Law at Boston University and author of Privacy's Blueprint: The Battle to Control the Design of New Technologies'Inviting and intelligent, Gaia Bernstein's extraordinary book masterfully combines honest personal reflections about her experiences with the creep of digital tech together with a sobering academic account of our collective public struggles to deal with technologies designed to addict, manipulate, and even control our behavior. Throughout, Bernstein maintains a can-do attitude that inspires change.' Brett Frischmann, The Charles Widger Endowed University Professor in Law, Business and Economics, Villanova University School of Law'Unwired is a powerful rejoinder to voices that would seek to minimize the threat technological manipulation poses to human freedom. But Gaia Bernstein goes beyond a mere accounting of the harms and proposes systemic changes that can help us take back control. Comprehensive in its scope and clear-eyed in its analysis, Unwired is an indispensable guide to the landscape of digital technology reform. Anyone who cares about the future of technology should read this book.' James Williams, author of Stand Out of Our Light'This trenchant clarion call rings loud and clear.' Publishers Weekly'Mixing expertise and passion, the author sets an agenda to rein in the tech behemoths that have run rampant for years.' Kirkus Reviews'Bernstein is shrewd about the political maneuvers and public relations options available to industries challenged for doing harm to the general welfare. At the same time, she shows that imposing some control or countermeasures … has been possible in the past, and might be in the future.' Scott McLemee, Inside Higher Ed'Unwired exists to be used: an agenda for social change through legal action. It is a knife, not a brush. But it'll be of much more than academic value to those of us whose parenting years were overshadowed by feelings of guilt, frustration and anxiety, as we fought our hopeless battles, and lost our children to TikTok and Fortnite.' Simon Ings, New Statesman'Bernstein … doubts that addicted users … can will themselves out of their habits. Instead, she argues, regulatory intervention of the supplying corporations will be necessary.' Harvard Magazine, Off the ShelfTable of ContentsPrologue; Part I. The Price of the Illusion of Control; 1. Becoming the Choice-Makers; 2. Addiction, Our Children, Our Bonds; 3. Invisible Chains; Part II. Who Are the Choice Makers? 4. Clouds of Smoke; 5. The Food Wars; 6. The Privacy Phoenix; 7. Lessons from Battling Titans; Part III. Fighting for Choice; 8. The Art of Redesign; 9. The Tools of Awareness; 10. The Ground is Burning; 11. The Achilles Heel; 12. Acupuncture for Change; Epilogue.

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Book SynopsisCloud computing continues to expand dramatically and the ''as a Service'' model is now both mainstream and ubiquitous. Cloud now encompasses everything from the remote provision of essential computer processing and storage resources, through to delivery of complex business and government services, logistics, healthcare, education, and entertainment. The Covid-19 pandemic provided a striking demonstration of cloud computing''s global scalability and resilience, as billions of workers and students switched in a matter of weeks to working and studying ''from home''. This book delivers an accessible analysis of the key legal and regulatory issues that surround cloud computing. Topics covered include contracts for cloud services, information ownership and licensing, privacy and data protection, standards and competition law, law enforcement access to data, and international tax models for cloud and other digital services. The book is organised in four parts. Part I explains what cloud computing is, why it matters, and what non-technical readers need to know about how it works. Part II includes a detailed review of standard contracts for 40 cloud services and highlights key legal and commercial issues that arise in negotiated transactions for cloud services. Ownership of, and access to, ''digital assets'' are also explored. Part III focusses on the application of data protection and cybersecurity rules, including an in-depth assessment of the impact of the EU''s General Data Protection Regulation (GDPR) on providers and users of cloud services. Finally, Part IV addresses governance issues relating to public sector use of cloud, access to cloud data by law enforcement authorities, competition rules and standards, and the disruption to global taxation models caused by the rapid shift to cloud services.Trade ReviewCloud Computing Law is the most comprehensive book I have come across on cloud law, well worth its price. * Darren Grayson Chng, Law Gazette *Table of ContentsPart 1 1: W Kuan Hon, Christopher Millard, and Jatinder Singh: Cloud Technologies and Services 2: W Kuan Hon, Christopher Millard, and Jatinder Singh: Control, Security, and Risk in the Cloud Part 2 3: Johan David Michels, Christopher Millard, and Felicity Turton: Standard Contracts for Cloud Services 4: W Kuan Hon, Christopher Millard, Ian Walden, and Conor Ward: Negotiated Contracts for Cloud Services 5: Chris Reed: Information Ownership in the Cloud 6: Johan David Michels and Christopher Millard: Digital Assets in Clouds Part 3 7: Chris Reed and Laura Edgar: Consumer Protection in the Cloud 8: Dimitra Kamarinou, Christopher Millard and Felicity Turton: Protection of Personal Data in Clouds and Rights of Individuals 9: Dimitra Kamarinou, Christopher Millard, and Felicity Turton: Responsibilities of Controllers and Processors of Personal Data in Clouds 10: Ulrich Wuermeling and Isabella Oldani: Regulation of International Data Transfers in Clouds Part 4 11: Johan David Michels and Ian Walden: Cybersecurity, Cloud, and Critical Infrastructure 12: Niamh Gleeson and Ian Walden: Placing the State in the Cloud: Issues of Data Governance and Public Procurement 13: Ian Walden: Accessing Data in the Cloud: The Long Arm of the Law Enforcement Agent 14: Niamh Gleeson and Ian Walden: Facilitating Competition in the Cloud 15: Niamh Gleeson and Ian Walden: Cloud Computing, Standards, and the Law 16: Vasiliki Koukoulioti and Chris Reed: International Tax Implications of Cloud Computing

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Book SynopsisFinancial technology is rapidly changing and shaping financial services and markets. These changes are considered making the future of finance a digital one.This Handbook analyses developments in the financial services, products and markets that are being reshaped by technologically driven changes with a view to their policy, regulatory, supervisory and other legal implications. The Handbook aims to illustrate the crucial role the law has to play in tackling the revolutionary developments in the financial sector by offering a framework of legally enforceable principles and values in which such innovations might take place without threatening the acquis of financial markets law and more generally the rule of law and basic human rights.With contributions from international leading experts, topics will include: Policy, High-level Principles, Trends and Perspectives Fintech and Lending Fintech and Payment Services Fintech, Investment and InTable of ContentsPart I Policy, High-level Principles, Trends and Perspectives 1. Artificial Intelligence and Machine Learning in the Financial Sector – Legal-Methodological Challenges of Steering towards a Regulatory ‘Whitebox’ 2. Smart Contracts and Civil Law Challenges: Does Legal Origins Theory Apply? 3. Fintech and the Limits of Financial Regulation: A Systemic Perspective 4. A Regulatory Roadmap for Financial Innovation 5. FinTech and The Law & Economics of Disintermediation 6. Financial Technologies and Systemic Risk – Some General Economic Observations Part II Fintech and Lending 7. Fintech Credit Firms: Prospects and Uncertainties 8. Fintech Credit and Consumer Financial Protection Part III Fintech and Payment Services 9. EU Payment Services Regulation and International Developments 10. Current and Future Liability Concepts in European Financial Market Regulation Part IV Fintech, Investment and Insurance Services 11. Robo Advice: Legal and Regulatory Challenges 12. Insurance and the Legal Challenges of Automated Decisions - an EU Perspective 13. Exchange-traded funds (ETFs) and FinTech: Market Efficiency and Systemic Risk Part V Fintech, Financial Inclusion and Sustainable Finance 14. FinTech, Financial Inclusion and the UN Sustainable Development Goals 15. Digital Transformation and Financial Inclusion 16. Disintermediation in Fund-raising: Marketplace Investing Platforms and EU Financial Regulation Part VI Cryptocurrencies and Cryptoassets 17. Cryptoassets in Private Law 18. Cryptocurrencies: Development and Perspectives 19. Distributed Ledger Technology and Sovereign Financing 20. Law and Regulation for a Crypto-Market: Perpetuation or Innovation? Part VII Markets and Trading 21. High-Frequency Trading: Regulatory and Supervisory Challenges in the Pursuit of Orderly Markets 22. ‘Trustless’ Distributed Ledgers and Custodial Services Part VIII Regtech and Suptech 23. "Computer Says No": Benefits and Challenges of RegTech 24. Fintech, Regtech and Suptech: Institutional Challenges to the Supervisory Architecture of the Financial Markets

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Book SynopsisThis book provides insights into how AI is changing legal practice, government processes, and individualsâ access to those processes, encouraging each of us to consider how technological advances are changing the legal system. Particularly, and distinct from current debates on how to regulate AI, this books focuses on how the progressive merger between computational methods and legal rules changes the very structure and application of the law itself.We investigate how automation is changing the legal analysis, legal rulemaking, legal rule extraction, and application of legal rules and how this impacts individuals, policymakers, civil servants, and society at large. We show through many examples that a debate on how automation is changing the law is needed, which must revolve around the democratic legitimacy of the automation of legal processes, and be informed by the technical feasibility and tradeoffs of specific endeavors.

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Book SynopsisHow will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change.

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Book SynopsisRecent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.Trade Review...there is plenty here to both introduce scholars to current critical debates and problems, and at the same time to suggest important points of departure for further research. -- Bernard Keenan, Department of Law, London School of Economics and Political Science * International Journal of Law and Information Technology *In this book, issues of privacy and surveillance are explored from a domestic, comparative and transatlantic perspective as well as from the perspective of private corporations, non-governmental organizations and oversight authorities. Thus, it gives a comprehensive overview about current transatlantic challenges and the perspectives involved. -- S-I Ghotra * European Review of Public Law *

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Book SynopsisExperts predict that in 5 years' time, more than 90% of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Central to this open access book are 4 technologies on the frontline of this trend: humanoid robots, deepfakes, augmented reality, and virtual reality. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships will be unprecedented. Van der Sloot describes the technological fundaments of each of those technologies and maps their positive uses for educational purposes as well as for the treatment of patients, for the entertainment and creative industries, and the retail and financial sectors. The book also conceptualises their neg

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Book SynopsisIn this book 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.Trade ReviewIn summary, Susskind's latest book is another extraordinary contribution to justice reform. It is an engaging work that will hopefully spark debate and reform. It is written with a lively tone and provides much food for thought about what our justice systems could look like now and into the future. * Tania Sourdin, University of Newcastle, Australia, Journal of Law and Society *... remains the most necessary and pressing legal text for every court user given the current climate... is not just for those with the power to effect change, it is for every single user who works in our court system... We have been given a miraculous opportunity to make a hundred years-worth of progress in less than a generation. We all have the duty to make this opportunity count, not just to turn up to work, make our money, and go home. Online Courts must be the foundation for all conversations, immediate and long term, about the future of our justice system. * Joseff Morgan, Counsel *Table of ContentsPART ONE - CONTEXT 1: The case for change 2: Advances in technology 3: Thinking strategically 4: Legal theory of courts 5: Physical, virtual, online hearings 6: Access to justice revisited PART TWO - ARCHITECTURE 7: The vision 8: Online guidance 9: Assisted argument 10: Containment 11: Online resolution by judges 12: Civil, criminal, family disputes 13: Case studies PART THREE - THE CASE AGAINST 14: Economy-class justice 15: Adversarial v investigatory 16: Open justice and fair trial 17: Face-to-face justice 18: Digital exclusion 19: Loss of majesty 20: Public sector technology PART FOUR - THE FUTURE 21: Machine learning and prediction 22: Technology-mediated negotiation 23: Artificial intelligence 24: Telepresence, augmented reality and virtual reality 25: The role for human beings Further Reading

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Book SynopsisSelected chapters from this book are published open access and free to read or download from Oxford Scholarship Online, https://oxford.universitypressscholarship.com/.Since Digital Dominance was published in 2018, a global consensus has emerged that technology platforms should be regulated. Governments from the United States to Australia have sought to reduce the power of these platforms and curtail the dominance of a few, yet regulatory responses remain fragmented, with some focused solely on competition while others seek to address issues around harm, privacy, and freedom of expression.Regulating Big Tech condenses the vibrant tech policy debate into a toolkit for the policy maker, legal expert, and academic seeking to address one of the key issues facing democracies today: platform dominance and its impact on society. Contributors explore elements of the toolkit through comprehensive coverage of existing and future policy on data, antitrust, competition, freedom of expression, jurisTrade ReviewSocieties have finally woken up to the threat to democracy posed by the dominance of a small number of tech companies. But to date, the legal and legislative responses to the threat have been disjointed, unimaginative, and in some cases almost incoherent. The shortage of good ideas for bringing digital technology under effective democratic control is palpable and worrying. By assembling a formidable group of thinkers on these questions, Tambini and Moore have not only created the kind of brain trust liberal democracies need at this critical time, but also a primer for policymakers everywhere. * John Naughton, Cambridge University and Observer columnist *The threat to democracy posed by the concentration of power in digital media markets is one of the great challenges of our time. Regulating Big Tech has assembled ideas for change from some of the best thinkers in the world. It is essential reading for anyone wrestling with the topic. * Ben Scott, Executive Director, Reset *Table of ContentsIntroduction Damian Tambini and Martin Moore PART I: Enhancing Competition 1. Reshaping Platform-Driven Digital Markets Mariana Mazzucato, Josh Entsminger, and Rainer Kattel 2. Reforming Competition and Media Law--The German Approach Bernd Holznagel and Sarah Hartmann 3. Overcoming Market Power in Online Video Platforms Eli M. Noam 4. Enabling Community-Owned Platforms--A Proposal for a Tech New Deal Nathan Schneider PART II: Increasing Accountability 5. Obliging Platforms to Accept a Duty of Care Lorna Woods and Will Perrin 6. Minimizing Data-Driven Targeting and Providing a Public Search Alternative Angela Phillips and Eleonora Maria Mazzoli 7. Accelerating Adoption of a Digital Intermediary Tax Elda Brogi and Roberta Maria Carlini PART III: Safeguarding Privacy 8. Treating Dominant Digital Platforms as Public Trustees Philip M. Napoli 9. Establishing Auditing Intermediaries to Verify Platform Data Ben Wagner and Lubos Kuklis 10. Promoting Data for Well-Being While Minimizing Stigma Frank Pasquale Part IV: Protecting Democracy 11. Responding to Disinformation: Ten Recommendations for Regulatory Action and Forbearance Chris Marsden, Ian Brown, and Michael Veale 12. Creating New Electoral Public Spheres Martin Moore 13. Transposing Public Service Media Obligations to Dominant Platforms Jacob Rowbottom PART V: Reforming Governance 14. A Model for Global Governance of Platforms Robert Fay 15. Determining Our Technological and Democratic Future: A Wish List Paul Nemitz and Matthias Pfeffer 16. Reconceptualizing Media Freedom Damian Tambini 17. A New Social Contract for Platforms Victor Pickard Conclusion: Without a Holistic Vision, Democratic Media Reforms May Fail Martin Moore and Damian Tambini

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Book SynopsisThis book critically confronts perceptions that social media has become a âwastelandâ for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations â whilst important â have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as âdangerousâ for young people â to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it â has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different â and more progressive âconceptualisation of children and youth.Table of Contents1. Moral panics, childhood, social media and the law 2. Recreating families in social media 3. Social media, young people and political accountability 4. Schools, young people and social media: surveillance and the role model void 5. Working in the online society: social media and young people in new workplace 6. Crime, Identity and Gender: how social media opens new worlds of hope and exploitation 7. ‘Don’t mention the porn’: social media and the rise of the sexual child 8. The New Wasteland: Law, Many Publics and the Loss of Interest

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Book SynopsisThere is an urgent need for responsible governance of Artificial Intelligence systems. This Handbook maps important features of responsible AI governance and demonstrates how to achieve and implement them at the regional, national and international level.Trade Review'… an indispensable and thought-provoking resource for shaping the future of AI and its societal impact.' Matija Franklin, PrometheusTable of ContentsIntroduction; Part I. Foundations of Responsible AI: 1. Artificial Intelligence – Key Technologies and Opportunities Wolfram Burgard; 2. Automating Supervision of AI Delegates Jaan Tallinn and Richard Ngo; 3. Artificial Moral Agents – Conceptual Issues and Ethical Controversy Catrin Misselhorn;4. Risk Imposition by Artificial Agents – The Moral Proxy Problem Johanna Thoma; 5. Artificial Intelligence and its Integration into the Human Lifeworld Christoph Durt; Part II. Current and Future Approaches to AI Governance: 6. Artificial Intelligence and the Past, Present and Future of Democracy Mathias Risse; 7. The New Regulation of the European Union on Artificial Intelligence – Fuzzy Ethics Diffuse into Domestic Law and Sideline International Law Thomas Burri; 8. Fostering the Common Good – An Adaptive Approach Regulating High-Risk AI-Driven Products and Services Thorsten Schmidt and Silja Voeneky; 9. China's Normative Systems for Responsible AI – From Soft Law to Hard Law Weixing Shen and Yun Liu; 10. Towards a Global Artificial Intelligence Charter Thomas Metzinger; 11. Intellectual Debt – With Great Power Comes Great Ignorance Jonathan Zittrain; Part III. Responsible AI Liability Schemes: 12. Liability for Artificial Intelligence – The Need to Address both Safety Risks and Fundamental Rights Risks Christiane Wendehorst; 13. Forward to the Past – A Critical Evaluation of the European Approach to Artificial Intelligence in Private International Law Jan von Hein; Part IV. Fairness and Non-Discrimination in AI Systems: 14. Differences that Make a Difference – Computational Profiling and Fairness to Individuals Wilfried Hinsch; 15. Discriminatory AI and the Law – Legal Standards for Algorithmic Profiling Antje von Ungern-Sternberg; Part V. Responsible Data Governance: 16. Artificial Intelligence and the Right to Data Protection Ralf Poscher; 17. Artificial Intelligence as a Challenge for Data Protection Law – And Vice Versa Boris Paal; 18. Data Governance and Trust – Lessons from South Korean Experiences Coping with COVID-19 Haksoo Ko, Sangchul Park and Yong Lim; Part VI. Responsible Corporate Governance of AI Systems: 19. From Corporate Governance to Algorithm Governance – Artificial Intelligence as a Challenge for Corporations and their Executives Jan Lieder; 20. Autonomization and Antitrust – On the Construal of the Cartel Prohibition in the Light of Algorithmic Collusion Stefan Thomas; 21. Artificial Intelligence in Financial Services – New Risks and the Need for More Regulation? Matthias Paul; Part VII. Responsible AI Healthcare and Neurotechnology Governance: 22. Medical AI – Key Elements at the International Level Fruzsina Molnár-Gábor and Johanne Giesecke; 23. 'Hey Siri, How Am I Doing?' – Legal Challenges for Artificial Intelligence Alter Egos in Healthcare Christoph Kroenke; 24. Neurorights – A Human-Rights Based Approach for Governing Neurotechnologies Philipp Kellmeyer; 25. AI-Supported Brain-Computer Interfaces and the Emergence of 'Cyberbilities' Boris Essmann and Oliver Mueller; Part VIII. Responsible AI for Security Applications and in Armed Conflict: 26. Artificial Intelligence, Law and National Security Ebrahim Afsah; 27. Morally Repugnant Weaponry? Ethical Responses to the Prospect of Autonomous Weapons Alex Leveringhaus; 28. On 'Responsible AI' in War – Exploring Preconditions for Respecting International Law in Armed Conflict Dustin A. Lewis.

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Book SynopsisThis book addresses the complex issue of human creativity in the age of Artificial Intelligence.Artificial intelligence (AI) is increasingly being used to create texts, images, and musical compositions. This increase in the application of AI within the creative industries can of course enhance human performance while producing creative and commercial challenges for human authors. Against this background, this book considers how current mechanisms for incentivising creativity including legal regulations, such as copyright, state funding and tax regimes are inadequate in the age of AI. Acknowledging the opportunity that AI presents, the book then proposes alternative regulatory mechanisms through which human creativity can be incentivised.This book will appeal to scholars and researchers in the areas of socio-legal studies, intellectual property law, media law, and law and technology.

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Book SynopsisThis book provides a comprehensive interdisciplinary analysis of the sustainable and ethical integration of artificial intelligence (AI) within legal education, offering practical strategies for balancing innovation with ethical responsibility. Discussing the intersection of legal studies, technology and ethics, the book focuses on AI's role in reshaping professional education.With the rising demand for digital transformation in legal education and the increasing scrutiny of AI's ethical impact, this book explores the potential of AI to enhance legal learning and practice, while critically examining the challenges of data privacy, algorithmic bias and equitable access to technology. Outlining a framework for incorporating AI into the law curriculum, the book equips the readers with both cutting-edge technological skills and a deep understanding of AIâs ethical and societal implications. Drawing on a wide range of sources, including industry data and academic research, the book offers grounded, actionable guidance on implementing AI in a way that promotes inclusivity, sustainability and long-term relevance. It addresses the needs of legal education institutions, faculty and students, providing them with the tools to navigate the evolving legal landscape while maintaining ethical standards.The book will also be of interest to researchers in the fields of law, education and AI ethics.

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Book SynopsisThis book argues that law, regulation, and technology can be understood as particular kinds of governance projects, and their credentials assessed according to an overarching concept of good governance. The book introduces the ideas of âgovernance by lawâ and âgovernance by regulationâ as particular types of projects within a constellation of governance projects â some normative, some non-normative, and some hybrid. As such, legal and regulatory projects can be differentiated from each other as well as from other normative governance projects, such as ethics; they can also be contrasted with various kinds of non-normative technological projects; and, importantly, they can be compared with governance projects that are hybrids, such as rule-and-tool projects. Based on this account of governance, the limitations and imperfections of legal and regulatory governance â relative to an overarching concept of good governance â become readily apparent. Focusing on governance projects, governance problems, and governance prospects, the book thereby offers an insightful and original analysis of the current â and future â intersection of law, technology and governance. This book will be of interest to legal researchers and postgraduates in the burgeoning field of law, regulation and technology; as well as others with more general interests in issues of law and governance.

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Book SynopsisIn recent decades, companies around the world have deployed an arsenal of tools-including IP law, hardware design, software restrictions, pricing strategies, and marketing messages-to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we''ve arrived at this moment, when a battle over repair is being waged-largely unnoticed-in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back--Trade Review'Aaron Perzanowski has an important story to tell about the erosion of consumer rights, and what government, corporations, and designers can do to reverse it. Packed with groundbreaking research and insights, The Right to Repair: Reclaiming Control Over the Things We Own is an essential guide to fixing the relationship that today's consumers have to the environment, and the stuff they buy.' Adam Minter, author of Junkyard Planet and Secondhand'In this powerfully argued account, Perzanowski vividly illustrates how the current era of 'planned obsolescence' has eroded our fundamental right to repair. His book provides both fascinating cultural history and an ambitious but promising path forward.' Dr Kate Darling, MIT Research Specialist and author of The New Breed'A definitive text on a definitive issue: will we be allowed to make our things work for as long as they're useful, or will corporations use the law to force us to arrange our affairs to suit their shareholders, at the expense of our dignity, our self-determination, and our habitable future on this planet?' Cory Doctorow, author of Attack Surface and How to Destroy Surveillance Capitalism'The author who showed us that we don't own the things we 'buy' is back with a new and equally compelling book. Perzanowski explains why we - and the planet - need the ability to fix things when they break, and how the law has taken that away from us.' Mark A. Lemley, William H. Neukom Professor, Stanford Law School'Why can't we just fix our stuff? Perzanowski systematically unmasks the obsolescence in our lives, and charts a path to reclaiming ownership before it's lost forever.' Kyle Wiens, iFixit CEO'A readable and comprehensive book on a timely issue that affects everyone. Perzanowski shows how the 'right to repair' is really a battle over control of the devices we own and use.' Bruce Schneier, author of Click Here to Kill Everybody: Security and Survival in a Hyperconnected World'The Right to Repair is a riveting account of the multi-faceted ways in which developers of a wide range of devices today inhibit or thwart the ability of consumers to fix those devices, ways in which laws sometimes reinforce the developer restrictions, and various strategies by which a repair-friendly landscape could be renewed. Consumers have largely ignored the high costs of buying unfixable devices - not just to their pocketbooks but also to the environment. The nascent right to repair social movement is gaining momentum. To understand why, read this book!' Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law, UC Berkeley School of LawTable of ContentsAcknowledgements; 1. Introduction; 2. Why repair matters; 3. The history of repair; 4. Breaking repair; 5. Repair and intellectual property; 6. Repair and competition; 7. Repair and consumer protection; 8. Rebuilding repair.

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Book SynopsisExplains how privacy laws are overridden by technology companies and how they can be improved. Drawing from behavioral science, psychology, sociology, and economics, the book dispels misconceptions that trap us into ineffective approaches to growing digital harms. It then develops solutions based on corporate accountability.Trade Review'To protect privacy in the digital age, Ignacio Cofone argues, we must rethink privacy harms. These harms are social and systemic as well as individual, and they will not be remedied by market and contractual approaches. This beautifully written book is an excellent introduction to problems of digital exploitation that affect everyone.' Jack Balkin, Yale Law School'Why are privacy rules failing us when we need them the most? In this superb book, Ignacio Cofone expertly threads together privacy law's many missteps and proposes a way forward that doesn't rest on myths and misconceptions. The Privacy Fallacy clearly and effectively stakes out an essential turning point for lawmakers and society: We either commit to holding companies liable for the full range of harms they cause, or we continue to indulge in the fantasy that privacy can be individually negotiated and that our laws have it under control.' Woodrow Hartzog, Boston University'With the rigor of an economist and the heart of a humanist, Cofone explores why privacy law has been disappointingly powerless in today's data-driven society. He proposes a new understanding of privacy harm to ground a more effective liability regime. A clear and engaging read for experts and interested laypeople alike!' Katherine J. Strandburg, New York University School of LawTable of ContentsIntroduction; 1. The traditionalist approach to privacy; 2. The privacy myths: rationality and apathy; 3. The consent illusion; 4. Manipulation by design; 5. Traditionalist data protection rules; 6. Pervasive data harms; 7. Privacy as corporate accountability; Conclusion.

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Book SynopsisThis book includes detailed coverage of intellectual property, contract, encryption and liability issues, including allocation of domain names, use of metatags and other forms of search engine optimization, digital signatures and the position of ISPs and other intermediaries. There are case studies on electronic conveyancing and e-taxation.Though the book is written from a UK perspective, comparative material is included from other jurisdictions, including America and Singapore in particular.Trade Review'Todd looks set to become quickly established as a definitive text on e-commerce law and with its relevant topics, clear structure and accessible style makes it worthy of that role.' -The Law TeacherTable of ContentsWhat is E-commerce? Establishing a Web Presence. Trade Marks and Passing Off. Copyright Issues. Encryption, Electronic and Digital Signatures in Principle. Validity of Electronic and Digital Signatures. Liability of Certification Authorities. Privacy Issues. Contract Formation and Related Issues. Other Contractual Issues. Payment Issues. Liability of Intermediaries

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Book SynopsisWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.Table of ContentsI. Setting the Context II. Structure PART I THE STANDARD-DEVELOPMENT ENVIRONMENT 1. Standards, Standard-Development Organisations and Standard Essential Patents I. Standards A. Technical Interoperability Standards B. Classification of Standards i. Standards Based on their Source a. De Facto Standards b. Collaborative Standards c. Governmental Standards ii. Open and Closed Standards II. Standard Development Organisations A. Types of SDOs B. Membership C. How SDOs Develop Standards III. Standard Essential Patents A. SEPs in IPR Policies of SDOs i. Disclosure Rules ii. Licensing Rules B. The Meaning of Essentiality C. The Problem of Over-Disclosure IV. Conclusion 2. The Dynamics of Standard Essential Patent Licensing: Patent Holdup, Holdout and Royalty Stacking I. Industry Convergences and Changing Market Dynamics II. Patent Holdup and Royalty Stacking A. Patent Holdup B. Royalty Stacking C. The Influence of Patent Holdup and Royalty Stacking Theories III. Criticism of Patent Holdup and Royalty Stacking Theories A. The Lack of Empirical Evidence of Systematic Negative Effects B. The Misunderstanding of the Standardisation Process and Legal Licensing Framework IV. Patent Holdout V. Conclusion PART II THE MEANING AND CONTENT OF A FRAND LICENCE 3. The Nature of a FRAND Commitment I. The Principles and the Text of a FRAND Commitment II. The Enforceability of a FRAND Commitment A. Contract Law i. Can SDO Non-Members Rely on a FRAND Contract? ii. Is a FRAND Commitment Sufficiently Clear to be an Enforceable Contract iii. Transferability of a FRAND Commitment iv. Not All Jurisdictions Recognise Third-Party Beneficiary Rights v. SDOs Could Clarify the Contractual Nature of a FRAND Commitment B. Competition Law i. EU Competition Law and Breach of FRAND Commitments ii. US Antitrust Law and Breach of FRAND Commitments iii. The Role of Competition Law in the SEP Context C. Alternative Theories on the Enforceability of FRAND Commitments III. Conclusion 4. FRAND Royalty I. The Principles of FRAND Royalty A. The Value of the Technology Itself (the Ex Ante Incremental Value Approach) i. Reception in Practice ii. Criticism of the Ex Ante Incremental Value Approach a. Misunderstanding the Standard-Development Process b. Depreciating the Value of SEPs c. Not Used in Real-World Commercial Transactions d. Inapplicability in Practice B. Sharing the Value of Standardisation II. Calculating FRAND Royalties in Practice A. Comparable Licences i. Application in Practice B. Top-Down Approach i. Application in Practice C. Other Approaches III. Conclusion 5. The Non-Discrimination Requirement of a FRAND Commitment I. Positive and Negative Aspects of Price Discrimination in Standard Essential Patent Licensing II. The Non-Discrimination Requirement in the Text of a FRAND Commitment III. No Requirement to Apply Uniform Terms to All Licensees IV. Interpretations of the Non-Discrimination Requirement of a FRAND Commitment A. Prohibition of Discrimination between Different Levels of the Production Chain B. Prohibiting Price Discrimination of Vertically Integrated SEP Holders against Downstream Competitors C. Prohibiting Discrimination against Similarly Situated Licensees i. Which Licensees are Similarly Situated? ii. When is Dissimilar Treatment Discriminatory? iii. What are the Remedies for Discrimination? V. The Application of the Non-Discrimination Requirement of a FRAND Commitment VI. Confidentiality Agreements and Disclosure of Licences VII. Conclusion 6. FRAND Royalty Base I. Introduction: The End-Product or Component? II. The Appropriate FRAND Royalty Base III. The Legal Requirement to Use a Particular Royalty Base A. Origins and Evolution of the SSPPU Theory i. US Patent Damages System and the Emergence of the SSPPU Theory ii. Reception and Expansion of the SSPPU Doctrine by the Federal Circuit iii. Clarification and Backtracking of the SSPPU Doctrine by the Federal Circuit iv. Jury Bias as a Reason for the Introduction of the SSPPU B. Conclusion IV. The Royalty Base in Standard Essential Patent Litigation V. Conclusion 7. FRAND and Value Chain Licensing I. The Value Chain Licensing Debate II. Patent Law and Value Chain Licensing III. FRAND Commitments and Value Chain Licensing IV. Competition Law and Value Chain Licensing A. Refusal to License and EU Competition Law B. Article 101 TFEU and the Horizontal Cooperation Guidelines C. Refusal to License and US Antitrust Law V. Policy Outlook for the Internet of Things VI. Conclusion 8. Remedies I. Injunctions A. Principles of Equity (US Courts) B. Public Policy (International Trade Commission) C. Unfair Competition (Federal Trade Commission) D. Competition Law (EU) i. The Interpretation of Huawei v ZTE by National Courts E. Conclusion II. Global or Territorial Scope of a FRAND Licence? III. Antisuit Injunctions IV. Past Damages V. Procedural Remedies to Facilitate Patent Licensing A. A FRAND Trial First B. Interim Payments VI. Conclusion PART III STANDARD ESSENTIAL PATENT LICENSING IN THE INTERNET OF THINGS 9. Standard Essential Patent Licensing in the Internet of Things I. Challenges of FRAND Licensing in the Internet of Things II. Current Proposals for Improving the Standard Essential Patent Licensing Framework A. Transparency of the SEP Landscape B. Unilateral Ex Ante Disclosure of Maximum Licensing Terms C. Collectively Setting an Aggregate Royalty for a Standard D. Global Rate-Setting Tribunals III. Collective Licensing Models for the Internet of Things A. Patent Pools for the IoT i. Overcoming the Obstacles in Pool Formation a. Assembling a Critical Number of Upstream Companies is Sufficient b. Pool Royalty to Induce Pool Participation and Prevent Free Riding c. Division of Royalties d. Essentiality Checks e. IoT Industry-Specific Licensing Terms f. Transparency of Terms and Patents B. Implementers’ Collective Licensing Associations IV. Conclusion

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Book SynopsisThis book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.Table of Contents1. Preface – Miguel Poiares Maduro 2. Introduction - Francisco de Abreu Duarte and Francesca Palmiotto Part A – Sovereignty Challenges 3. Opening Executive Technocratic Bubbles: Gusts of Transparency in Turbolent Europe - Deirdre Curtin 4. The New Providers on the Block: How Big Tech Responded to the Covid19 ‘Krisis’- Francisco de Abreu Duarte 5. What Did The Covid-19 Crisis Teach us about European Solidarity? Incomplete Integration, Conflicts of Sovereignty and the Principle of Solidarity in EU Law - Luisa Marin Part B – Technological Challenges 6. Tracing Transparency: Public Governance of Algorithms and the Experience of Contact Tracing Apps - Francesca Palmiotto 7. Data Under Threat for the ‘Health’ of Nations - Mariavittoria Catanzariti 8. ‘Brave New (Normal) World’: Can the Covid19 Emergency serve as an excuse to increase the Surveillance State with Facial Recognition Technology?- Natalia Menéndez 9. Data Governance to Tackle Covid19: Some lessons we should learn from the Pandemic - Tommaso Fia Section C – Governance Challenges 10. Contact Tracing and Techno-Surveillance Clusters in Asia and Europe – Francesco Godano/Galileo Sartor 11. Covid19, Tracing Apps, and Big Tech: “Can’t Buy me Love” – Nicolas Petit 12. What role for the Data Protection Authorities during the Covid19 Pandemic? - Maria Magierska 12. Keeping the Internet Safe During and After the Pandemic: Dealing with rise of Cybercrime in the EU- Sarah Tas

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Book SynopsisKonstantina Bania is a Partner at Geradin Partners and Lecturer in law at the University of Sheffield, UK. Damien Geradin is the Founding Partner of Geradin Partners and Professor of Competition Law and Economics at Tilburg University, the Netherlands.

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Book SynopsisThis open access book provides an introduction to Generative Artificial Intelligence and four cutting-edge technologies that it enables - humanoid robots, deepfakes, augmented reality, and virtual reality. Experts predict that in five years' time, more than 90 per cent of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships, might be unprecedented. The author describes the inner workings of each of these technologies and maps their positive uses in the fields of education, health and entertainment; conceptualises their negative uses for fraud, deception, exploitation and identity-theft; and explores their deeper effects on the post-truth society, the privatisation of the public sphere, and the loss of individual autonomy and societal trust. The book evaluates how the current European legal paradigm applies to these technologies, focussing on the right to privacy and data protection, intellectual property, freedom of expression, procedural law, tort law, consumer and competition law, and the regulation of AI. It discusses regulatory alternatives to solve existing regulatory gaps and shows that there are no easy answers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com

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Book SynopsisKey takeaways: •Learn new e-discovery techniques and stay competitive. •Offer clients and customers real service in tackling difficult problems. •Cut-through the overwhelming amount of data. •Give regulators and judicial decision-makers exactly what they want. The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts. Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations. Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice. Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis. A must-have addition to the seasoned practitioner’s library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.Table of ContentsPreface 5 Jeanne Somma Lineal Services Introduction 7 Mark Surguy Weightmans LLP Evolving technology and predicting the future 9 Mayank Sharma ProSearch; E-discovery evangelist, enthusiast, expert Outsourcing document review 17 Philip Algieri KPMG LLP Robert Coppola QuisLex, Inc Data transfer: storage, accessibility, retrieval 35 Martin Bonney Panoram Mark A Simpson Deloitte Professional conduct 65 Mark Surguy Weightmans LLP Virtual hearings 91 Stephen Dowling TrialView Australia 103 Kelly Douglas Lifeline Australia Anne Freeman Lisa Nguyen Piper Alderman Canada 113 Candice Chan-Glasgow Heuristica Discovery Counsel Gideon Christian Faculty of Law, University of Calgary Ilan Tsekhman ivari Insurance France 131 Emmanuel Schulte Ginestié Magellan Paley-Vincent (Paris) Germany 145 Markus Bauer Rittershaus India 161 Rahul Narayanan Dua Associates Ireland 171 Karyn Harty Megan Hooper McCann FitzGerald Italy 191 Claudio Cocuzza Giacomo Gori Cocuzza & Associati Japan 203 Yoshihisa Hayakawa Rikkyo University; Uryu & Itoga Kenya 209 Victoria M Mbithi KTK Advocates Singapore 215 Edmund Kronenburg Tang Kai Qing Braddell Brothers LLP United Kingdom 223 Johnny Shearman Signature Litigation LLP Tracey Stretton FTI Consulting Mark Surguy Weightmans LLP United States 255 Parker Burns Christopher Trowbridge Bell Nunnally & Martin LLP Jorge A Mestre Rivero Mestre LLP Uruguay 273 Agustina Silva Guarini Alfredo Taullard Hughes & Hughes About the authors 281 About Globe Law and Business 293

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Book SynopsisWoodrow Hartzog develops the underpinning of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. Rather than permit exploitation, it would demand encryption, prohibit malicious interfaces that deceive users and leave them vulnerable, and require safeguards against abuses of biometric surveillance.Trade Review[A] smart new book… [W]ill repay the attention of designers, privacy professionals, and anyone who wants to learn how design guided by strengthened laws and regulations might help us emerge from today’s swirl of privacy problems. -- James Barszcz * The Privacy Advisor (International Association of Privacy Professionals website) *Deceptive design nudges, tricks, and goads you into sharing more than you might intend to online, Hartzog argues in his new book… And when you think you’re in control of your own data, you rarely are. -- Ariel Bogle * ABC News (Australia) *Privacy’s Blueprint is a real tour de force, introducing a rigorous structure for multiple dimensions of privacy protections. -- Frank Pasquale, author of The Black Box Society: The Secret Algorithms That Control Money and InformationFilled with fascinating examples and written in a lively and accessible way, Privacy’s Blueprint is the definitive chronicle of Privacy by Design. This is one of the most important books about privacy in our times. -- Daniel J. Solove, author of Understanding PrivacyA bold and innovative privacy agenda and a beautifully written book. Hartzog demonstrates how and why privacy design is about power and politics. -- Paul M. Schwartz, author of Information Privacy LawWith deep insight, passion, and humor, Woodrow Hartzog demands that we see what has been in front us all along yet never meaningfully reckoned with. As Hartzog makes clear, we can design apps, social media, and networked clothing (underwear!) with privacy in mind but we need a plan and this book provides it in spades. This is a defining book for our information age and a must read. -- Danielle Keats Citron, author of Hate Crimes in Cyberspace

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Book SynopsisCanadian Communication Policy and Lawprovides a uniquely Canadian focus and perspective on telecommunications policy, broadcasting policy, internet regulation, freedom of expression, censorship, defamation, privacy, government surveillance, intellectual property, and more. Taking a critical stance, Sara Bannerman draws attention to unequal power structures by asking the question, whom does Canadian communication policy and law serve?Key theories for analysis of law and policy issues—such as pluralist, libertarian, critical political economy, Marxist, feminist, queer, critical race, critical disability, postcolonial, and intersectional theories—are discussed in detail in this accessibly written text. From critical and theoretical analysis to legal research and citation skills, Canadian Communication Policy and Law encourages deep analytic engagement. Serving as a valuable resource for students who are undertaking research and writing on legal topics for the first time, this comprehensive text is well suited for undergraduate communication and media studies programs.Features: Includes a practical chapter on how to do legal and policy research and how to cite legal sources Contains in-text pedagogy including suggested readings and a comprehensive glossary.

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Book SynopsisThis thought-provoking book follows the EU's journey into the digital age, explaining how it uses legislation and policy to tackle challenges such as the abuse of market power by Big Tech companies and the spread of hate speech and disinformation.

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Book SynopsisThis book provides a comprehensive analysis of the primary challenges, opportunities and regulatory developments associated with the use of artificial intelligence (AI) in the financial sector. It will show that, while AI has the potential to promote a more inclusive and competitive financial system, the increasing use of AI may bring certain risks and regulatory challenges that need to be addressed by regulators and policymakers.After analysing the technological foundations of AI, the book focuses on the use and regulatory challenges of AI in the banking, capital markets and insurance industries. It also analyses, compares and assesses the different strategies and international approaches that have been adopted to address the challenges raised by the use of AI. The book concludes by providing a holistic and cross-sectoral analysis of the use of AI in the financial sector.The comprehensive, interdisciplinary, and industry-relevant approach adopted in Artificial Intelligence in Finance will provide students, practitioners and academics interested in financial markets with a broad understanding of the challenges and opportunities of AI in the financial sector. Additionally, the comparative and policy-oriented approach also adopted in the book will provide regulators and policymakers with innovative ideas and regulatory solutions that will help them address some of the most critical challenges associated with a new data-driven financial system.Table of ContentsContents: Introduction xvii PART I FOUNDATIONS OF AI AND AI GOVERNANCE 1 Foundations of artificial intelligence and machine learning 2 Alfonso Delgado De Molina Rius 2 Explaining explainable AI 19 Richard Zuroff and Nicolas Chapados 3 Harmony in chaos 60 Yeong Zee Kin and Larissa Lim 4 Responsible AI 87 Marcus Bartley Johns, Joy Fuyuno and Dennae Smith PART II OPPORTUNITIES AND REGULATORY CHALLENGES OF AI IN THE BANKING INDUSTRY 5 AI governance frameworks for the banking sector 114 Virginia Torrie and Dominique Payette 6 Machine learning, alternative data, and the regulation of consumer credit markets 142 Nikita Aggarwal 7 AI-based consumer credit underwriting 151 Maayan Perel and Ruth Plato-Shinar PART III OPPORTUNITIES AND REGULATORY CHALLENGES OF AI IN CAPITAL MARKETS 8 The promises and perils of robo-advisers 178 Aurelio Gurrea-Martinez and Wai Yee Wan 9 Regulating AI trading from an AI lifecycle perspective 198 Alessio Azzutti, Wolf-Georg Ringe and H. Siegfried Stiehl PART IV OPPORTUNITIES AND REGULATORY CHALLENGES OF AI IN THE INSURANCE INDUSTRY 10 Opportunities and use cases of AI in the insurance industry 244 Magdalene Loh and Terence Soo 11 Regulation of the use of artificial intelligence for investment in the insurance industry 271 Christopher Chao-hung Chen PART V CROSS-SECTORAL ISSUES ON THE USE OF AI IN THE FINANCIAL SECTOR 12 Regulating artificial intelligence in finance and other regulated industries 294 Douglas W. Arner, Ross P. Buckley, Dirk A. Zetzsche, Brian W. Tang and Lucien J. van Romburg 13 Bias and discrimination in the use of AI in the financial sector 320 Minesh Tanna and William Dunning 14 Interconnectedness and financial stability in the era of artificial intelligence 350 Nydia Remolina Index 368

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Book SynopsisIn this riveting, behind-the-scenes courtroom drama, a brilliant legal team battles corporate greed and government overreach for our fundamental right to control our genes. When attorney Chris Hansen learned that the U.S. government was issuing patents for human genes to biotech companies, his first thought was, How can a corporation own what makes us who we are? Then he discovered that women were being charged exorbitant fees to test for hereditary breast and ovarian cancers, tests they desperately needed—all because Myriad Genetics had patented the famous BRCA genes. So he sued them. Jorge L. Contreras, one of the nation’s foremost authorities on human genetics law, has devoted years to investigating the groundbreaking civil rights case known as AMP v. Myriad. In The Genome Defense Contreras gives us the view from inside as Hansen and his team of ACLU lawyers, along with a committed group of activists, scientists, and physicians, take their one-in-a-million case all the way to the U.S. Supreme Court. Contreras interviewed more than a hundred key players involved in all aspects of the case—from judges and policy makers to ethicists and genetic counselors, as well as cancer survivors and those whose lives would be impacted by the decision—expertly weaving together their stories into a fascinating narrative of this pivotal moment in history. The Genome Defense is a powerful and compelling story about how society must balance scientific discovery with corporate profits and the rights of all people.Trade Review“A compelling and thoroughly researched narrative history of a seminal lawsuit.” —The Wall Street Journal “Ably and affectingly detailed . . . This story stands as a guide to the forces that shape an increasingly important industry—and to the vexed influence of patents.” —Nature “The Genome Defense provides an incomparable perspective on a landmark Supreme Court case, and it is a testament to the importance of intellectual property law to humanity’s prosperity.” —Jessica Silbey, author of The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property "Jorge L. Contreras, a law professor at the University of Utah, interviewed nearly 100 lawyers, patients, scientists and policymakers in this behind-the-scenes history of Molecular Pathology vs. Myriad Genetics, a long-shot lawsuit that culminated in a landmark 2013 Supreme Court decision that opened the human genome to the benefit of researchers, cancer patients and everyday Americans." —The New York Times Book Review ("11 New Works of Nonfiction to Read This Season") “Remarkable. Contreras manages to make a book about the lawsuit that ended gene patenting in America read like a thriller. This book will not only inform you and stir your moral outrage, it will keep you on the edge of your seat.”—Ayelet Waldman, author of A Really Good Day “Fascinating . . . Contreras goes behind the scenes with many of the key participants, offering an inside look at the legal strategy and the potential consequences on either side of the final decision.”—Salt Lake City Weekly “Masterfully written.”—Neo.Life “An unflinching critique of the biotech industry's business practices . . . Contreras never presumes that his readers can't keep up, until suddenly a lay reader can likely understand the fundamentals of patent eligibility. That mix makes the book an incredibly accessible and engaging read, which . . . keeps readers from putting it down.” —Law360 “Eye-opening . . . Contreras brings the large cast of case participants to life with vivid prose, and the exciting final spectacle before the Supreme Court is heart-pumping . . . a thorough page-turner.” —Publishers Weekly, starred review “A superb lesson on patents in general and the grotesque American patent system in particular . . . Contreras assembles a large cast of lawyers, judges, activists, scientists, and patients and engagingly describes four years of tortuous legal action that saw victory in federal court, reversal on appeal, and a final triumph in the Supreme Court . . . Fascinating.” —Kirkus Reviews, starred review “A gripping and important tale of how corporations were patenting our own genes and selling them back to us. Contreras give us front-row-seat access, deft character sketches and crystal-clear explanations of law and science.” —Jordan Fisher Smith, author of Engineering Eden “A remarkable, fast-paced read. Contreras tells the behind-the-scenes story of how the Supreme Court stopped the patenting of the human genome. He does it in such an engaging style that it’s almost like reading a legal thriller.” —Professor Mark A. Lemley, Director, Stanford Program in Law, Science, and Technology “Both a page-turner full of colorful characters and a profound commentary about how corporate giants use the law to monopolize knowledge—and what we can do about it.”—Orly Lobel, author of You Don't Own Me: The Court Battles that Exposed Barbie's Dark Side “A compelling and thoroughly researched narrative history of a seminal lawsuit.” —The Wall Street Journal “Ably and affectingly detailed . . . This story stands as a guide to the forces that shape an increasingly important industry—and to the vexed influence of patents.” —Nature “The Genome Defense provides an incomparable perspective on a landmark Supreme Court case, and it is a testament to the importance of intellectual property law to humanity’s prosperity.” —Jessica Silbey, author of The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property "Jorge L. Contreras, a law professor at the University of Utah, interviewed nearly 100 lawyers, patients, scientists and policymakers in this behind-the-scenes history of Molecular Pathology vs. Myriad Genetics, a long-shot lawsuit that culminated in a landmark 2013 Supreme Court decision that opened the human genome to the benefit of researchers, cancer patients and everyday Americans." —The New York Times Book Review ("11 New Works of Nonfiction to Read This Season") "In this engaging legal history, Contreras chronicles how an unlikely lawsuit against private companies that have patented human genes led to a Supreme Court decision to open the human genome to researchers and everyday Americans." —The New York Times Book Review (Paperback Row) “Remarkable. Contreras manages to make a book about the lawsuit that ended gene patenting in America read like a thriller. This book will not only inform you and stir your moral outrage, it will keep you on the edge of your seat.”—Ayelet Waldman, author of A Really Good Day “Fascinating . . . Contreras goes behind the scenes with many of the key participants, offering an inside look at the legal strategy and the potential consequences on either side of the final decision.”—Salt Lake City Weekly “Masterfully written.”—Neo.Life “An unflinching critique of the biotech industry's business practices . . . Contreras never presumes that his readers can't keep up, until suddenly a lay reader can likely understand the fundamentals of patent eligibility. That mix makes the book an incredibly accessible and engaging read, which . . . keeps readers from putting it down.” —Law360 “Eye-opening . . . Contreras brings the large cast of case participants to life with vivid prose, and the exciting final spectacle before the Supreme Court is heart-pumping . . . a thorough page-turner.” —Publishers Weekly, starred review “A superb lesson on patents in general and the grotesque American patent system in particular . . . Contreras assembles a large cast of lawyers, judges, activists, scientists, and patients and engagingly describes four years of tortuous legal action that saw victory in federal court, reversal on appeal, and a final triumph in the Supreme Court . . . Fascinating.” —Kirkus Reviews, starred review “A gripping and important tale of how corporations were patenting our own genes and selling them back to us. Contreras give us front-row-seat access, deft character sketches and crystal-clear explanations of law and science.” —Jordan Fisher Smith, author of Engineering Eden “A remarkable, fast-paced read. Contreras tells the behind-the-scenes story of how the Supreme Court stopped the patenting of the human genome. He does it in such an engaging style that it’s almost like reading a legal thriller.” —Professor Mark A. Lemley, Director, Stanford Program in Law, Science, and Technology “Both a page-turner full of colorful characters and a profound commentary about how corporate giants use the law to monopolize knowledge—and what we can do about it.”—Orly Lobel, author of You Don't Own Me: The Court Battles that Exposed Barbie's Dark Side

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Book SynopsisThe Organization for Security and Cooperation in Europe (OSCE), the world''s largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments forTable of ContentsPart I. Introduction: 1. Legal uncertainty and indeterminacy – immutable characteristics of the OSCE? Carolyn Moser and Anne Peters; Part II. The Quest for International Legal Personality: 2. Political dynamics and institutional reforms in the OSCE Christian Nünlist and Petri Hakkarainen; 3. The role of the organisation in asserting legal personality: the position of the OSCE secretariat on the OSCE legal status Lisa Tabassi; 4. Legal personality of the OSCE – past developments, status quo and future ambitions Helmut Tichy; 5. 'It's politics, stupid': an international relations perspective on strengthening the legal framework of the OSCE Tanja A. Börzel and Ingo Peters; 6. Domestic implications of the OSCE's legal personality under Russian constitutional law Gleb Bogush; Part III. Manifestations of the Legal Position under International Law: 7. Revisiting questions of organisationhood, legal personality and membership in the OSCE: the interplay between law, politics and practice Niels M. Blokker and Ramses A. Wessel; 8. The OSCE's domestic legal status: an exploration of relevant international law sources Cedric Ryngaert; 9. Privileges and immunities of the organization for security and co-operation in Europe (OSCE) Isabelle Pingel; 10. The external relations of the OSCE Laurence Boisson de Chazournes and Andrzej Gadkowski; 11. The international responsibility of the OSCE Lorenzo Gasbarri; Part IV. The Legal and Institutional Framework as a Governance Issue: 12. The OSCE as a case of informal international lawmaking? Olivia Herman and Jan Wouters: 13. Conceptualising accountability in the legal and institutional framework of the OSCE Carolyn Moser; 14. Legitimate governance as a privilege and price for the autonomy of international organisations Mateja Steinbrück Platise; Part V. Conclusions: 15. Transformation of the OSCE legal status Mateja Steinbrück Platise and Anne Peters.

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