Digital, IT and Communications law Books

Book SynopsisThis book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the war on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have gone dark. It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the HumanitieTable of ContentsChapter 1 - The Classical Heritage of Modern (In)Security RhetoricChapter 2 – The Rhetoric of the US National Security StrategyChapter 3 – The War on Big Tech: Construction of Internet Companies as Ideological OthersChapter 4 – The Dark Wild West World War: Danger and Incapability in the Realm of CybersecurityChapter 5 – Epilogue

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

Book SynopsisTable of ContentsContents: 1 Introduction to Financial Services Law and Distributed Ledger Technology PART I THE NATURE AND USE OF DISTRIBUTED LEDGER TECHNOLOGY IN FINANCIAL SERVICES 2 Blockchain and distributed ledger technology 3 Digital assets and the token economy 4 The application of DLT in financial services: Benefits and use cases 5 Risks and the regulatory issues arising from the use of DLT PART II THE FINANCIAL SERVICES REGULATORY FRAMEWORK 6 Financial services regulation Part 1: The proprietary status of cryptoassets 7 Financial services regulation Part 2: The regulated activities 8 Financial services regulation Part 3: Other applicable provisions PART III REGULATING SPECIFIC USE CASES 9 Regulating trade in securities tokens 10 Cryptoassets in payments and payment services 11 Crypto lending platforms 12 Decentralised insurance PART IV JURISDICTION AND REMEDIES 13 Jurisdiction and applicable law 14 Dispute resolution and remedies 15 Conclusion: Regulating distributed ledger technology through financial services law

Read more less

Book SynopsisTrade Review‘This book thoughtfully unpacks the complex web of multistakeholder cyber diplomacy even as its parameters, participants, and paradoxes continue to evolve.’ -- Elina Noor, Carnegie Endowment for International Peace, Washington DC, US‘Essential reading for states and stakeholders engaged with the geopolitics of cyberspace, this expertly edited volume offers readers a descriptive catalog for how multistakeholder cyber diplomacy has interacted with—and travelled alongside—rising multilateral mechanisms for global governance of cybersecurity while identifying various next steps for making multistakeholderism more effective in securing cyberspace’s future.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents List of contributors vii PART I INTRODUCTION 1 Building cybersecurity through multistakeholder diplomacy: Politics, processes, and prospects 2 Ian Johnstone, Arun Sukumar and Joel Trachtman PART II THEMATIC ISSUES 2 The geopolitics of multistakeholder cyber diplomacy: A comparative analysis 20 Arun Sukumar 3 Multistakeholder characteristics of past and ongoing cybersecurity norms processes 59 Josephine Wolff 4 Developing multistakeholder structures for cybersecurity norms: Learning from experience 85 Joel Trachtman 5 Implementing cybersecurity norms: The design of international institutions 111 Ian Johnstone PART III COUNTRY PERSPECTIVES 6 U.S. multistakeholder engagement in cyber stability issues 143 Christopher Painter 7 Russia’s participation in multistakeholder diplomacy for cybersecurity norms 165 Andrey Shcherbovich 8 Rethinking Chinese multistakeholder governance of cybersecurity 185 Jinhe Liu 9 India’s “passive” multistakeholder cyber diplomacy 201 Arindrajit Basu 10 Brazil and multistakeholder diplomacy for the Internet: Past achievements, current challenges and the road ahead 220 Carlos Affonso de Souza and Christian Perrone 11 Taking stock of Estonia’s multistakeholder cyber diplomacy 238 Marina Kaljurand PART IV CONCLUSION 12 The way ahead for multistakeholder cyber diplomacy 257 Ian Johnstone, Arun Sukumar and Joel Trachtman Index 266

Read more less

Book Synopsis

Read more less

Book SynopsisTrade Review'A real masterpiece, brilliantly pressing for a change that is necessary and feasible.' -- Lawrence Lessig, Harvard Law School, US‘As our world becomes increasing digital, both law and code become central to management of rights and access to justice. The two modes of management are often seen as being in conflict, but increasingly far-sighted scholars like Prof. Schrepel are seeing that there are opportunities for synergy. This book is a clear step forward in building a system of digital law that works, and a must-read for those concerned about our digital future.’ -- ­– Alex ‘Sandy’ Pentland, Massachusetts Institute of Technology, US‘From Code of Hammurabi (1754 BC) to the Internet of Things and Artificial Intelligence this book links a deep understanding of law and technology, Blockchain and Antitrust. It offers a highly appreciated contribution to the Blockchain debate and practical use cases, which are very much needed in often theoretical discussions.’ -- Theodor Thanner, President of the Austrian Federal Competition Authority, Austria‘Grounded in Schrepel's solid understanding of the law and technology debate, this book offers a unique framework and important guide for thinking through the many ways in which Antitrust law and Blockchain technologies can be complementary and create efficiencies from collaboration.’ -- Roland Vogl, CodeX - The Stanford Center for Legal Informatics, US‘Packed with stimulating suggestions and insights, this is the first book exploring the role of competition law in regulating blockchain. Thibault Schrepel skillfully blends an accessible examination of the technology at play with a discussion about how competition law should be applied to both control and support its development.’ -- Giorgio Monti, Tilburg University, the Netherlands‘Traditional financial payment systems run by banks or by tech companies such as PayPal have natural network effects, and are held to be open to some degree of monopoly. Blockchain systems, because they are highly distributed and transparent, are often said to be free of such tendencies. Thibault Schrepel argues this isn’t true: blockchains may foster anticompetitive practices in many ways. As our economic world moves increasingly into cryptocurrencies and blockchain transactions, Schrepel’s analysis and suggested remedies are both timely and important.’ -- W. Brian Arthur, Santa Fe Institute, US‘Data and Antitrust have become a hot button issue. However, as of yet there is little legal scholarly writing on the topic of how blockchain with its promise of data integrity will change this debate. This book tries to do precisely that, and is an incredibly useful read for any legal scholar interested in the digital space.’ -- Catherine Tucker, Massachusetts Institute of Technology, US‘Thibault Schrepel’s Blockchain + Antitrust: the Decentralization Formula, is an eminently readable and satisfying examination of the history, technology, and incipient law of Blockchain – from its historical roots in a libertarian search for order, to its complex and often misunderstood internal workings, and finally to the abundant legal concerns that might loom in the future. This book is particularly helpful for someone who needs to be guided through Blockchain’s most important technical and operational elements.’ -- Herbert Hovenkamp, University of Pennsylvania Law School and the Wharton School, US‘By reducing transaction costs and facilitating trust among parties to transactions, blockchains reduce the need for centralized legal structures in economic activity. They also make transactions less transparent to regulators and can be used to harbor anticompetitive practices. Hence they contribute to deconcentrating economic structures and, simultaneously, raise challenges for competition law enforcement. However, competition authorities can also benefit from the blockchain technology in their enforcement activity. Thibault Schrepel in this path-breaking book explores the evolving complex relationship between blockchain and antitrust and the ways they can benefit from one another. This forward-looking and fascinating analysis is a must read for anyone interested in one of the most important technological development of our time.’ -- Frederic Jenny, OECD Competition Committee, France‘More than any other field of business law, antitrust has much in common with emerging blockchain technologies. Dr. Schrepel has been at the forefront of research in the relationship between these two fields. His hopeful approach, as discussed in this book, towards a mutually beneficial relationship between antitrust law amd blockchain technology will help ensure maximal realization of the efficiency-enhancing promise of blockchain – namely, lowering the costs of networking and increasing transparency. Moreover, this book does an excellent job of discussing both the procompetitive (favored by the antitrust laws) attributes of blockchain and its ability to facilitate anticompetitive harm (outlawed by the antitrust laws), and showing how the law and the emerging technology can live in harmony to the benefit of consumers. I was proud, as head of the DOJ Antitrust Division, to have the Division join Dr. Schrepel’s academic project on this topic and look forward to his continued contributions to this important emerging field.’ -- Makan Delrahim, Department of Justice Antitrust Division, US‘This book is the first of its kind. Schrepel’s work will no doubt appeal to antitrusters looking for a didactic introduction to the blockchain. It will also be of more general interest to any reader with a concern for the future of law and public policy in a technology-driven world. A must-read.’ -- Nicolas Petit, European University Institute, Italy‘Blockchain technology has been offered as a solution to any number of problems, and sometimes – to its detriment – as a panacea. Here, Schrepel follows the thread of decentralization to explore this technology alongside the goals of antitrust law. It's a worthy provocation, even as blockchains’ value, and future, are hotly contested.’ -- Jonathan Zittrain, Harvard University, USTable of ContentsContents: Preface Introduction: the decentralization PART 1 A COMMON AMBITION 1. Blockchain: from ideology to implementation 2. Blockchain’s toolbox 3. Blockchain and Darwin 4. Decentralization? 5. Comes antitrust: the paradox PART 2 BEST FRENEMIES? 6. The theory of the firm 7. The theory of granularity 8. Collusion on blockchain 9. Collusion using blockchain 10. Blockchain power 11. Blockchain and monopolization 12. Blockchain and merger control PART 3 ALLIES 13. Law + technology 14. Running the formula 15. Blockchain’s future Index

Read more less

Book SynopsisTrade Review‘Peter Pijpers has dug deep into the question of influence operations in cyberspace, which are politically abhorred but often do not break any major laws – neither domestically nor internationally. Zooming in on international law Pijpers warns about a lack of legal clarity that creates a legal grey zone that malign States eagerly exploit. His solution to this problem is a well-argued plea to reconceptualise coercion in cyberspace and draw a line in the sand.’ -- Dennis Broeders, Leiden University, the Netherlands‘Professor Pijpers combines a unique combination of a legal and a strategic framework to assess the legality and the modus operandi of digital influence operations directed against political systems. The legal framework involves non-intervention and sovereignty. The strategic framework offers valuable insight into the use of state power to persuade, coerce or manipulate foreign audiences.’ -- Paul Ducheine, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Influence Operations in Cyberspace 2. Influence operations – the concept 3. On influence operations – the case studies 4. Sovereignty and non-intervention – the legal framework 5. Legal analysis 6. Conclusions and reflections on Influence Operations in Cyberspace Index

Read more less

Book SynopsisArtificial Intelligence and Market Abuse Legislation presents a wide-reaching interdisciplinary examination of the impact of AI on the EU Market Abuse Regulation (MAR).Trade Review‘Written by a renowned academic expert in the field of capital markets regulation, this book safely guides the reader through the way by which the application and enforcement of the key source of EU insider trading and market manipulation legislation – namely the 2014 “Market Abuse Regulation” – have been affected by developments in the field of artificial intelligence (AI). It thoroughly analyses this EU legislative act through the lens of the key topics currently discussed in relation to AI, with an emphasis on the rules governing algorithmic and high-frequency trading.’ -- Christos Gortsos, National and Kapodistrian University of Athens, GreeceTable of ContentsContents 1 Artificial intelligence and market abuse legislation: an introduction 2 The rationale and scope of the Market Abuse Regulation 3 Artificial intelligence: current debate and legislative proposals in the EU 4 Artificial intelligence and inside information 5 Artificial intelligence and market manipulation 6 Further issues and final conclusions Bibliography Index

Read more less

Book SynopsisTrade Review‘The DPCSR Framework is the most prominent initiative so far to embed data protection and data security by design into organisational governance structures. That allows institutions to transform ethical principles into reality, which is essential to any responsible organisation.’ -- Thiago Guimaraes Moraes, Coordinator of Innovation and Research, ANPDTable of ContentsContents: PART I INTRODUCTION TO DATA PROTECTION AS CORPORATE SOCIAL RESPONSIBILITY 1 Introduction to Data Protection as Corporate Social Responsibility 2 Corporate social responsibility and related challenges PART II A NOVEL APPROACH FOR THE PROMOTION OF ETHICS IN THE DATA-DRIVEN ECONOMY – DATA PROTECTION AS A CORPORATE SOCIAL RESPONSIBILITY 3 Scope of the UM-DPCSR Framework 4 UM-DPCSR Framework principle 1: Embed data protection, fairness and security in the design of processes 5 UM-DPCSR Framework Principle 2: be transparent with individuals about the collection and further processing of their data 6 UM-DPCSR Framework Principle 3: balance profits with the actual benefits for citizens 7 UM-DPCSR Framework Principle 4: publish relevant findings based on statistical/anonymized data to improve society 8 UM-DPCSR Framework Principle 5: devote a portion of revenues to awareness campaigns for citizens with regards to the data-centric society PART III GOVERNANCE AND IMPLEMENTATION OF THE FRAMEWORK WITHIN ORGANISATIONS 9 Adherence to the UM-DPCSR Framework 10 Conclusion Annex A: UM DPCSR Data Protection Icons for high-risk processing activities Annex B: Complete set of Arts. 13 and 14 GDPR Data Protection Icons for Information Notices Bibliography Index

Read more less

Book SynopsisTrade Review‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’ -- Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South AfricaTable of ContentsContents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing with complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index

Read more less

Book SynopsisThis thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others.

Read more less

Book SynopsisTrade Review‘Tsagourias and Buchan have successfully brought together some of the world's best legal thinkers on cyber issues to address the domain's most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.’ -- Eric Talbot Jensen, Brigham Young University, US‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’ -- Duncan B. Hollis, Temple University School of Law, USTable of ContentsContents: Preface xiv Introduction to the Research Handbook on International Law and Cyberspace 1 Michael N. Schmitt PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW 1 The legal status of cyberspace: sovereignty redux? 9 Nicholas Tsagourias 2 The rise of cyber norms 32 Marja Lehto 3 Mapping power in cyberspace 46 Outi Korhonen and Ekaterina Markovich 4 Jurisdiction in network society 69 Uta Kohl 5 The international law of cyber intervention 97 Ido Kilovaty 6 State responsibility in cyberspace 113 Constantine Antonopoulos 7 Cyberspace and human rights 130 David P. Fidler 8 International criminal responsibility in cyberspace 152 Kai Ambos 9 International investment law and arbitration in cyberspace 181 Eric De Brabandere PART II CYBER TREATS AND INTERNATIONAL LAW 10 Cyber terrorism and use of the internet for terrorist purposes 204 Ben Saul and Kathleen Heath 11 Cyber espionage and international law 230 Russell Buchan and Iñaki Navarrete 12 International legal dimensions of cybercrime 252 Philipp Kastner and Frédéric Mégret PART III CYBER ATTACKS AND THE JUS AD BELLUM 13 The notion of cyber operations 271 Paul A. L. Ducheine and Peter B. M. J. Pijpers 14 Cyber operations as a use of force 296 Marco Roscini 15 Self-defence in cyberspace 316 Carlo Focarelli 16 Cyber-peacekeeping and international law 344 Nicholas Tsagourias and Giacomo Biggio 17 Some thoughts on cyber deterrence and public international law 365 Eric Myjer PART IV CYBER WAR AND THE JUS IN BELLO 18 Distinctive ethical challenges of cyberweapons 387 Neil C Rowe 19 Classifying cyber warfare 405 Louise Arimatsu 20 Is the principle of distinction still relevant in cyberwarfare? From doctrinal discourse to States’ practice 426 Karine Bannelier 21 International humanitarian law applied to cyber-warfare: precautions, proportionality and the notion of ‘attack’ under the humanitarian law of armed conflict 456 Terry D. Gill 22 Cyber war and the law of neutrality 470 David Turns PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY 23 European law and cyberspace 490 Ramses A. Wessel 24 NATO and the international law of cyber defence 508 Steven Hill 25 Russian approaches to international law and cyberspace 524 Sergey Sayapin 26 Chinese approaches to cyberspace governance and international law in cyberspace 546 Zhixiong Huang and Yaohui Ying 27 Cyber security in the Asia-Pacific 563 Hitoshi Nasu 28 The United Nations and the regulation of cyber-security 581 Christian Henderson Index

Read more less

Book Synopsis

Read more less

Book SynopsisTrade Review‘This field guide to AI Law takes you on a thorough tour of the legal and regulatory AI landscape, both as it currently stands and how it might look in the future. You can tell Lothar has spent a lot of time considering the concrete problems and risks with AI and how they might play out in a business setting. He does a masterful job laying out the practical steps in-house counsel can take now to mitigate legal threats, protect consumer data, and have a plan in place for when regulators come calling.’ -- Maria Dinzeo, Journalist, Law.com, US‘With this terrific and incredibly timely Guide, Prof. Determann confirms his unique talent to be able to foresee and anticipate the main legal challenges which digitization raises for lawyers, companies, agencies at local and federal level but also for legal scholars and students. It is, by far, the best and most complete travelling compass, clear, structured and advanced, for anybody who needs an AI law road star. Unmissable.’ -- Oreste Pollicino, Professor of Constitutional Law and Media Law, Bocconi University, Italy‘Artificial intelligence has taken the digital and legal worlds by storm. Drawing on his extensive experience navigating the digital revolution, Lothar Determann has thoughtfully framed the latest and possibly most dramatic phase. His AI Guide provides legal professionals and their clients with systematic checklists for traversing this new frontier.’ -- Peter S. Menell, University of California at Berkeley School of Law, US‘Determann’s Field Guide is an essential read for anyone grappling with policies, processes and procedures for the use of generative AI. Determann skilfully navigates the reader through a constantly shifting technology and legal landscape. This is a “must read” for anyone seeking to understand what’s at stake in developing a practical framework for using AI in an organizational context.’ -- Ardi Kolah, Founding Editor-in-Chief, Journal of Data Protection and Privacy, UK‘As always, what a masterpiece, this book on artificial intelligence law, typical of Dr. Lothar Determann. This book has extensively consolidated legal requirements and best practices through extensive coverage of topics, such as data protection, ownership of AI, drafting documentation, assessing impacts and mitigating risks and essential checklists. Dr. Lothar’s knowledge, experience, and expertise in the field of artificial intelligence is extensively displayed across the chapters and this book will be most useful and a must read for lawyers and corporate professionals across jurisdictions.” -- Anand Mehta, Partner, Khaitan and Co., IndiaTable of ContentsContents: About Your Guide Orientation Key terms The Landscape 1 Artificial intelligence law 2 Starting an AI law compliance program 3 Drafting documentation 4 Assessing impacts and mitigating risks 5 AI agreements 6 Protocols 7 Maintaining and auditing compliance Checklist: AI Law Compliance Resources List of abbreviations Index

Read more less

Book SynopsisThis prescient book examines social ordering and governance in the digital universe. It demonstrates how attempts to enact regulations in virtual spaces cannot replicate laws and market arrangements in the real world, advocating for an alternative ânew lawâ to enable safe, sustainable and beneficial digital communities.

Read more less

Book SynopsisTrade Review‘This field guide to AI Law takes you on a thorough tour of the legal and regulatory AI landscape, both as it currently stands and how it might look in the future. You can tell Lothar has spent a lot of time considering the concrete problems and risks with AI and how they might play out in a business setting. He does a masterful job laying out the practical steps in-house counsel can take now to mitigate legal threats, protect consumer data, and have a plan in place for when regulators come calling.’ -- Maria Dinzeo, Journalist, Law.com, US‘With this terrific and incredibly timely Guide, Prof. Determann confirms his unique talent to be able to foresee and anticipate the main legal challenges which digitization raises for lawyers, companies, agencies at local and federal level but also for legal scholars and students. It is, by far, the best and most complete travelling compass, clear, structured and advanced, for anybody who needs an AI law road star. Unmissable.’ -- Oreste Pollicino, Professor of Constitutional Law and Media Law, Bocconi University, Italy‘Artificial intelligence has taken the digital and legal worlds by storm. Drawing on his extensive experience navigating the digital revolution, Lothar Determann has thoughtfully framed the latest and possibly most dramatic phase. His AI Guide provides legal professionals and their clients with systematic checklists for traversing this new frontier.’ -- Peter S. Menell, University of California at Berkeley School of Law, US‘Determann’s Field Guide is an essential read for anyone grappling with policies, processes and procedures for the use of generative AI. Determann skilfully navigates the reader through a constantly shifting technology and legal landscape. This is a “must read” for anyone seeking to understand what’s at stake in developing a practical framework for using AI in an organizational context.’ -- Ardi Kolah, Founding Editor-in-Chief, Journal of Data Protection and Privacy, UK‘As always, what a masterpiece, this book on artificial intelligence law, typical of Dr. Lothar Determann. This book has extensively consolidated legal requirements and best practices through extensive coverage of topics, such as data protection, ownership of AI, drafting documentation, assessing impacts and mitigating risks and essential checklists. Dr. Lothar’s knowledge, experience, and expertise in the field of artificial intelligence is extensively displayed across the chapters and this book will be most useful and a must read for lawyers and corporate professionals across jurisdictions.” -- Anand Mehta, Partner, Khaitan and Co., IndiaTable of ContentsContents: About Your Guide Orientation Key terms The Landscape 1 Artificial intelligence law 2 Starting an AI law compliance program 3 Drafting documentation 4 Assessing impacts and mitigating risks 5 AI agreements 6 Protocols 7 Maintaining and auditing compliance Checklist: AI Law Compliance Resources List of abbreviations Index

Read more less

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.

Read more less

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.

Read more less

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.

Read more less

Book SynopsisCovering the latest legal updates and rulings, the second edition of Digital Media Law presents a comprehensive introduction to all the critical issues surrounding media law. Provides a solid foundation in media law Illustrates how digitization and globalization are constantly shifting the legal landscape Utilizes current and relevant examples to illustrate key concepts Revised section on legal research covers how and where to find the law Updated with new rulings relating to corporate political speech, student speech, indecency and Net neutrality, restrictions on libel tourism, cases filed against U.S. information providers, WikiLeaks and shield laws, file sharing, privacy issues, sexting, cyber-stalking, and many others Table of ContentsDetailed Contents vi List of Sidebars ix Preface x Acknowledgments xii 1. Introduction to the Legal System 1 2. Freedom of Expression 21 3. Telecommunications Regulation 47 4. Internet Regulation 75 5. Confl ict of Laws 103 6. Information Gathering 127 7. Intellectual Property: Copyright 161 8. Intellectual Property: Patents, Trademarks, and Trade Secrets 199 9. Defamation 227 10. Invasion of Privacy 257 11. Sex and Violence 303 12. Commercial Speech and Antitrust Law 333 Appendix: How to Find the Law 367 Glossary 371 Table of Cases 378 Index 387

Read more less

Book SynopsisNow in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation.Table of Contents1. Cybercrime Part I: Crimes Against Computers 2. Hacking and Malware: Targeting the Technology 3. Targeting Data 4. From Hacktivism to Cyberwarfare: Weaponising Cyberspace Part II: "Property" 5. Intellectual and Virtual Property 6. Fraud Part III: Offensive Content 7. Hate and Harm 8. Sexualised Content 1: Adult pornography 9. Sexualised Content 2: Child pornography Part IV: Offences Against the Person 10. Offences Against the Person Part V: Investigating Cybercrime 11. Jurisdiction 12.Policing Cybercrime: Structures 13. Policing Cybercrime: Investigative Powers

Read more less

Book SynopsisAs technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.Trade Review'Cited by the Court of Appeal of England and Wales in Kogan v Martin [2019] EWCA 1645.''Dr Daniela Simone identifies root causes of the deficiencies in the law's treatment of (joint) authorship, and provides an admirable roadmap and analytical framework to orient the judiciary and all others concerned about ascertaining who should be the authors of collective works … A must-read for anyone interested in the interaction between law and the creative process. This book made me think differently about copyright law and what it promotes and values when it comes to (not) recognizing those who contribute to the creation of works.' Pascale Chapdelaine, Intellectual Property Journal'By and large, the book makes a compelling case for taking collaborative creativity seriously in the long-lasting process of the modernisation of copyright law … also a valuable input for further evidence-based research on the effectiveness of co-authorship rules at national, supranational and international level.' Giulia Priora, European Intellectual Property ReviewTable of Contents1. Copyright law and collective authorship; 2. Authorship and joint authorship; 3. Wikipedia; 4. Australian Indigenous art; 5. Scientific collaborations; 6. Film; 7. Characteristics of collective authorship and the role of copyright law; 8. An inclusive, contextual approach to the joint authorship test.

Read more less

Book Synopsis"A crucial book." —Safiya Noble, author of Algorithms of Oppression The essential road map for understanding—and defending—your right to privacy in the twenty-first century.Trade Review"Danielle Citron is everyone’s teacher when it comes to digital privacy." -- Sue Halpern"Privacy is politics, and if we want it back we must fight for it. In this open-hearted and down-to-earth book Danielle Keats Citron offers reasons for optimism among the ruins of our once-cherished privacy. She details the devasting effects of the loss of ‘intimate privacy’ and argues that new rights and laws for the digital age are both long overdue and within our grasp. Lawmakers and citizens alike, this book is for you." -- Shoshana Zuboff, author, The Age of Surveillance Capitalism and professor emeritus, Harvard Business School"An important intervention in the larger conversation about digital privacy and harassment." -- Rhoda Feng - Washington Monthly"It’s so refreshing to read an argument for privacy that centers women. Devastating and urgent, this book could not be more timely." -- Caroline Criado Perez, author of Invisible Women"From how social networks sell our data to retailers (and worse) to the concern around period-tracking apps being used against pregnant people, the fight for privacy has never been more fierce.…Drawing from interviews with victims, activists, and lawmakers, Citron calls for a reassessment of privacy as a human right and how we can better protect our future privacy." -- Rachel King - Fortune"What gives [Citron] the edge is a real-world understanding of privacy’s relationship to diverse permutations of power and her ambition to address the disproportionate impact of violations on women and minorities." -- Jessica Lake - Australian Book Review"A powerful and urgent manifesto for the protection of ‘intimate privacy’ in the United States and beyond." -- Susie Alegre, international human rights lawyer and author of Freedom to Think"The Fight for Privacy is nothing less than the battle to keep our intimate, private selves free from exploitation. A vitally important book." -- Cordelia Fine, author of Delusions of Gender and Testosterone Rex"A tour de force. Arguing convincingly that our intimate privacy is a moral necessity being eroded in frightening and accelerating ways, Danielle Keats Citron offers trenchant clarity and lucid hope for achieving justice in our digital future. A must-read." -- Kate Manne, author of Entitled: How Male Privilege Hurts Women"A crucial book for understanding the crisis of privacy invasion, and the unrelenting damage that comes from intimate, nonconsensual surveillance. If you care about anyone, anywhere, you should read this book." -- Safiya Noble, author of Algorithms of Oppression"This beautifully written book deserves a wide audience and hopefully will inspire needed meaningful change in the law." -- Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley, School of Law"Danielle Keats Citron’s expert and engaging treatment of ‘technology-enabled privacy violations’ shows why victims, digital platforms, and legislators alike turn to her for advice and for fights to reclaim privacy morally, legally, and practically." -- Martha Minow, former dean, Harvard Law School"An informed, bracing call to action in defense of our private selves." -- Kirkus Reviews (starred review)"Accessible legal reasoning and galling case studies make this a cogent argument for reform." -- Publishers Weekly

Read more less

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.

Read more less

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.

Read more less

Book Synopsis"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on...Trade ReviewKosseff has a thorough grasp of his material, and readers will find his exploration of Section 230 balanced, timely, and consistently thought-provoking. * Publishers Weekly *Kosseff's book is timely, given the intensifying debate about whether Congress should find ways to hold Internet companies accountable for third-party speech that harms individuals and society as a whole. But the book's value goes beyond timing. The author's background as a journalist and his current roles as a professor and a lawyer enable him to produce an engaging narrative that explains the law clearly and compels us to think about speech in the modern age and who is responsible when it is harmful. * The Washington Post *Americans are of two minds about the internet: They rely on it and fear it, they immerse themselves in it for hours and deplore its social consequences. Jeff Kosseff's The Twenty-Six Words That Created the Internet is in many ways the story of how and why this happened. * The Wall Street Journal *Kosseff presents an insider's account of the current dispute over whether a website should be permitted to profit from publishing advertisements that sell illegal sexual services possibly performed by minors. This book is extremely timely as both US lawmakers and the nation's courts are struggling over the proper regulation of online hate speech, fake news, political bias, and other systematic manipulations employing this increasingly powerful form of communication. * Choice *An important history of one component of the rise of the Internet as a business. Kosseff translates legalspeak into understandable and frequently compelling prose. * American Historical Review *Table of ContentsAcknowledgments Introduction Part I.: The Creation of Section 230 1. Eleazar Smith's Bookstore 2. The Prodigy Exception 3. Chris and Ron Do Lunch Part II.: The Rise of Section 230 4. Ask for Ken 5. Himmler's Granddaughter and the Bajoran Dabo Girl 6. The Flower Child and a Trillion-Dollar Industry 7. American Exceptionalism Part III.: The Gradual Erosion of Section 230 8. A Lawless No-Man's Land? 9. Hacking 230 Part IV.: The Future of Section 230 10. Sarah versus the Dirty Army 11. Kill. Kill. Kill. Kill. 12. Moderation Inc. 13. Exceptional Exceptions Conclusion Notes Index

Read more less

Book SynopsisIn The Future of Change, Ray Brescia identifies a series of social innovation moments in American history. Through these momentsduring which social movements have embraced advances in communications technologieshe illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies, social movements, and social change. Brescia shows that, almost without fail, developments in how we communicate shape social movements, just as those movements change the very technologies themselves.From the printing press to the television, social movements have leveraged communications technologies to advance change. In this moment of rapidly evolving communications, it''s imperative to assess the role that the Internet, mobile devices, and social media can play in promoting social justice. But first we must look to the past, to examples of movements throughout American history that successfully harnessed communications technology, thus facilitating pTrade ReviewBrescia offers an impressive overview of 'social innovation moments. in American history. The final result is a successful articulation of a progressive message. * Choice *[In] The Future of Change, Brescia provides a highly useful framework for future activists, one that enjoins them to embrace new technologies but not to presume their use alone to be sufficient to enact progressive change. * TECHNOLOGY AND CULTURE *Table of ContentsIntroduction 1. Medium 2. Network 3. Message 4. The Great Divide 5. Digital Organizing 6. Amending the Violence against Women Act 7. Marriage Equality in Maine 8. A Living Wage in Long Beach 9. Putting the Matrix to Work

Read more less

Book SynopsisIn The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment''s protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment''s protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying infTrade ReviewAmid surging social media and online speech wars, readers concerned about the future of free speech, privacy, and the law will appreciate Kosseff's ability to deftly place the many-sided anonymity debate in the context of constitutional values and social norms. * Library Journal *Table of ContentsIntroduction Part I: Developing the Right to Anonymity 1. America, the Anonymous 2. Empowering Anonymous Association 3. Empowering Anonymous Speech 4. The Scope of Anonymity Empowerment 5. Antimask Part II: The Right to Online Anonymity 6. Cybersmear 7. Setting the Rules for Online Anonymity 8. Online Anonymity and Copyright 9. When the Government Wants to Unmask You 10. Anonymity Worldwide 11. Technological Protections for Anonymity Part III: Living in an Anonymous World 12. Anonymity as a Shield 13. Anonymity as a Sword Part IV: The Future of Anonymity 14. Real-Name Policies 15. Out in the Open 16. Empowering Anonymity through Privacy Law Conclusion

Read more less

Book SynopsisIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.Trade Review"No one has done more than Mark Fenster to challenge the premises and policies of the open government movement. This book will be a foundational text in critical transparency studies." -- David Pozen * Columbia Law School *"The Transparency Fix is an essential guide to the often heated debate over secrecy in American government. Mark Fenster explores the practical limits to keeping secrets in contemporary government and questions whether openness can really prevent abuses of power. A thoughtful, pragmatic analysis of an enduring problem." -- Alasdair Roberts * University of Missouri *Table of ContentsContents and AbstractsIntroduction: The Transparent State We Want But Can't Have chapter abstractThis chapter introduces the book's arguments: Transparency and secrecy share a cybernetic theory of information transmission by which the state can control its information (in order either to release or secure it); the state's information is identifiable and capable of being released or secured; and a public or other receiver awaits the information's release and will respond to it rationally and predictably. This theory permeates advocacy, laws, and popular ways of understanding the state and its information. But the theory does not describe the contemporary state, which is both too secret and too leaky. 1Liberating the Family Jewels: "Free" Information and "Open" Government in the Post-War Legal Imaginary chapter abstractThis chapter presents the history of early transparency advocacy and its relationship to prevalent theories of democracy. The concepts of "freedom of information" and the "right to know" carry the weight of the transparency advocacy movement. The concepts assumed their current meanings in the post–World War II campaign to fight against government secrecy, a campaign that established certain means of understanding the state, information, and the press that remain key elements of access to information law today—means that relied upon broader theoretical justifications developed in modern political theory. In their development and deployment, the two concepts reveal transparency's symbolic meaning, as well as its emphasis on the state as an entity defined by its information. 2Supplementing the Transparency Fix: Innovations in the Wake of Law's Inadequacies chapter abstractFOIA has not fully solved the problem of government secrecy. Advocates' disappointment and frustration with the legal fix for government secrecy have spawned innovative transparency campaigns that seek a better, more effective means to unveil the state than legal rights. This chapter describes three of them: Transparency International and other anti-corruption NGOs; advocacy for digital transparency via the use of information technology to open government data and make a more responsive state; and WikiLeaks and the vigilante transparency movement it has helped usher in. The movements share a commitment to freeing government information but have different visions of the state and the best policies to make it transparent. The chapter demonstrates that the nearly universal embrace of transparency as a normative good masks irreconcilable substantive disagreements over what the newly visible state should look like. 3Transparency's Limits: Balancing the Open and Secret State chapter abstractThis chapter considers the philosophical and practical critiques of transparency and the justifications for secrecy that support a broad privilege for government to keep secrets. The longstanding, widely accepted notion that transparency must have limits and that state secrecy is essential for the state's functions has led to a body of law and group of norms that enable and even encourage the state to control information. The imperfect resolution to the conflict between secrecy and transparency follows from the contested boundaries between transparency's reach and secrecy's limits. This unresolvable contest in turn drives the chase for an elusive balance between disclosure and privilege, one that can produce both a vibrant democracy with an informed electorate as well as a secure nation and functional state. 4The Uncontrollable State chapter abstractThis chapter considers the state as a set of logically but loosely organized bureaucratic institutions that occupy vast geographic and physical space. The contemporary state's size and complexity resist the kind of informational controls that transparency and secrecy require as administrative ideals. These ideals presume the existence of a singular entity capable of communication, understood as sending the message of government information to a receiver or preventing itself from doing so by choosing to be uncommunicative. But the state cannot serve as the producer and repository of information that controls information's flow and acts as a unified, intentional communicator. It sprawls too much geographically and organizationally to perfectly send, or keep itself from sending, its information as a message. 5The Impossible Archive of Government Information chapter abstractThis chapter considers how the state's complex and contextual process of producing and holding information undermines the notion that the government information that is disclosed or kept secret can serve as a message worthy of transmission or suppression. "Government information" exists, of course, but only as a hypothetical ideal. It makes up a boundless archive that cannot be known. Most importantly, the archive cannot be fully disclosed or kept fully secret. The chapter illustrates this by discussing the difficulties created by the problem of conceptualizing and therefore controlling the government document, the sheer size of the government's archives, and the effects that the effort to keep information secret and to force its disclosure have on information's production and circulation in the bureaucratic state. 6Disclosure's Effects? chapter abstractThis chapter considers whether the disclosure of government information has effects by asking three questions: First, is the public capable of responding rationally and knowledgeably to disclosure? Second, does the public even exist in some discernible form? These two questions pose the core challenge to transparency and secrecy. The academic literature across multiple disciplines challenges not only the assumption that the public is capable of understanding state information but also that some public even exists in an identifiable form. The third question is whether institutions of various sorts—those state and private organizations that serve on the public's behalf or might undermine the nation's security and well-being—have the capacity to respond to disclosure in rational and predictable ways. To assume that these institutions can do so assumes that they too have the capacity to understand and respond rationally to government information—assumptions that rest on a shaky foundation. 7The Implausibility of Information Control chapter abstractSecrecy is exceedingly difficult to maintain. This chapter offers three case studies that illustrate the various means by which information seeps out of the state, including deliberate leaks by officials and accidental leaks that occur by bureaucratic mistake, observation and reporting by people outside the government who witness state action, and the act itself of keeping secrets, which can disclose information about government plans and actions. One case study chronicles Vice President Cheney's surprisingly unsuccessful efforts to keep the National Energy Policy Development Group (NEPDG) secret; another describes several instances in which redaction has not kept secret the information it covers and shows how redaction fails to completely stop interpretation and knowledge while it generates imaginative means to gather information and interpret the absent content; and the third discusses the difficulty that the government faces in controlling even its most prized secrets about covert operations. 8The Disappointments of Megaleaks chapter abstractThe unauthorized release of massive numbers of classified or secret government documents offers an opportunity to test disclosure's effects. If transparency matters, then Edward Snowden and WikiLeaks' revelation of huge caches of documents should enable the public to learn more and engage more knowledgeably with the issues the documents raise, increasing public accountability with more enlightened political debate and participatory democracy. But if disclosure proves harmful and secrecy is essential, then the leak of these materials should significantly increase the nation's vulnerability in discernible ways and harm its relationships internationally. Reviewing open source materials, this chapter concludes that there is no clear or meaningful pattern of effects that WikiLeaks and Edward Snowden caused. This finding does not support the claims that advocates make about disclosure's necessity or its danger, and it casts doubts on legal standards that ask judges or officials to balance the benefits and risks of disclosure. Conclusion: The West Wing, the West Wing, and Abandoning the Informational Fix chapter abstractThis brief concluding chapter discusses two things: how the TV series The West Wing demonstrates our ambivalence about secrecy and transparency by giving full access to a transparently fictional White House whose officials debated why they kept secrets; and why seeking to tinker with government institutions and transparency mandates will ultimately be more successful than imagining government information can be fixed.

Read more less

Book SynopsisIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.Trade Review"No one has done more than Mark Fenster to challenge the premises and policies of the open government movement. This book will be a foundational text in critical transparency studies." -- David Pozen * Columbia Law School *"The Transparency Fix is an essential guide to the often heated debate over secrecy in American government. Mark Fenster explores the practical limits to keeping secrets in contemporary government and questions whether openness can really prevent abuses of power. A thoughtful, pragmatic analysis of an enduring problem." -- Alasdair Roberts * University of Missouri *Table of ContentsContents and AbstractsIntroduction: The Transparent State We Want But Can't Have chapter abstractThis chapter introduces the book's arguments: Transparency and secrecy share a cybernetic theory of information transmission by which the state can control its information (in order either to release or secure it); the state's information is identifiable and capable of being released or secured; and a public or other receiver awaits the information's release and will respond to it rationally and predictably. This theory permeates advocacy, laws, and popular ways of understanding the state and its information. But the theory does not describe the contemporary state, which is both too secret and too leaky. 1Liberating the Family Jewels: "Free" Information and "Open" Government in the Post-War Legal Imaginary chapter abstractThis chapter presents the history of early transparency advocacy and its relationship to prevalent theories of democracy. The concepts of "freedom of information" and the "right to know" carry the weight of the transparency advocacy movement. The concepts assumed their current meanings in the post–World War II campaign to fight against government secrecy, a campaign that established certain means of understanding the state, information, and the press that remain key elements of access to information law today—means that relied upon broader theoretical justifications developed in modern political theory. In their development and deployment, the two concepts reveal transparency's symbolic meaning, as well as its emphasis on the state as an entity defined by its information. 2Supplementing the Transparency Fix: Innovations in the Wake of Law's Inadequacies chapter abstractFOIA has not fully solved the problem of government secrecy. Advocates' disappointment and frustration with the legal fix for government secrecy have spawned innovative transparency campaigns that seek a better, more effective means to unveil the state than legal rights. This chapter describes three of them: Transparency International and other anti-corruption NGOs; advocacy for digital transparency via the use of information technology to open government data and make a more responsive state; and WikiLeaks and the vigilante transparency movement it has helped usher in. The movements share a commitment to freeing government information but have different visions of the state and the best policies to make it transparent. The chapter demonstrates that the nearly universal embrace of transparency as a normative good masks irreconcilable substantive disagreements over what the newly visible state should look like. 3Transparency's Limits: Balancing the Open and Secret State chapter abstractThis chapter considers the philosophical and practical critiques of transparency and the justifications for secrecy that support a broad privilege for government to keep secrets. The longstanding, widely accepted notion that transparency must have limits and that state secrecy is essential for the state's functions has led to a body of law and group of norms that enable and even encourage the state to control information. The imperfect resolution to the conflict between secrecy and transparency follows from the contested boundaries between transparency's reach and secrecy's limits. This unresolvable contest in turn drives the chase for an elusive balance between disclosure and privilege, one that can produce both a vibrant democracy with an informed electorate as well as a secure nation and functional state. 4The Uncontrollable State chapter abstractThis chapter considers the state as a set of logically but loosely organized bureaucratic institutions that occupy vast geographic and physical space. The contemporary state's size and complexity resist the kind of informational controls that transparency and secrecy require as administrative ideals. These ideals presume the existence of a singular entity capable of communication, understood as sending the message of government information to a receiver or preventing itself from doing so by choosing to be uncommunicative. But the state cannot serve as the producer and repository of information that controls information's flow and acts as a unified, intentional communicator. It sprawls too much geographically and organizationally to perfectly send, or keep itself from sending, its information as a message. 5The Impossible Archive of Government Information chapter abstractThis chapter considers how the state's complex and contextual process of producing and holding information undermines the notion that the government information that is disclosed or kept secret can serve as a message worthy of transmission or suppression. "Government information" exists, of course, but only as a hypothetical ideal. It makes up a boundless archive that cannot be known. Most importantly, the archive cannot be fully disclosed or kept fully secret. The chapter illustrates this by discussing the difficulties created by the problem of conceptualizing and therefore controlling the government document, the sheer size of the government's archives, and the effects that the effort to keep information secret and to force its disclosure have on information's production and circulation in the bureaucratic state. 6Disclosure's Effects? chapter abstractThis chapter considers whether the disclosure of government information has effects by asking three questions: First, is the public capable of responding rationally and knowledgeably to disclosure? Second, does the public even exist in some discernible form? These two questions pose the core challenge to transparency and secrecy. The academic literature across multiple disciplines challenges not only the assumption that the public is capable of understanding state information but also that some public even exists in an identifiable form. The third question is whether institutions of various sorts—those state and private organizations that serve on the public's behalf or might undermine the nation's security and well-being—have the capacity to respond to disclosure in rational and predictable ways. To assume that these institutions can do so assumes that they too have the capacity to understand and respond rationally to government information—assumptions that rest on a shaky foundation. 7The Implausibility of Information Control chapter abstractSecrecy is exceedingly difficult to maintain. This chapter offers three case studies that illustrate the various means by which information seeps out of the state, including deliberate leaks by officials and accidental leaks that occur by bureaucratic mistake, observation and reporting by people outside the government who witness state action, and the act itself of keeping secrets, which can disclose information about government plans and actions. One case study chronicles Vice President Cheney's surprisingly unsuccessful efforts to keep the National Energy Policy Development Group (NEPDG) secret; another describes several instances in which redaction has not kept secret the information it covers and shows how redaction fails to completely stop interpretation and knowledge while it generates imaginative means to gather information and interpret the absent content; and the third discusses the difficulty that the government faces in controlling even its most prized secrets about covert operations. 8The Disappointments of Megaleaks chapter abstractThe unauthorized release of massive numbers of classified or secret government documents offers an opportunity to test disclosure's effects. If transparency matters, then Edward Snowden and WikiLeaks' revelation of huge caches of documents should enable the public to learn more and engage more knowledgeably with the issues the documents raise, increasing public accountability with more enlightened political debate and participatory democracy. But if disclosure proves harmful and secrecy is essential, then the leak of these materials should significantly increase the nation's vulnerability in discernible ways and harm its relationships internationally. Reviewing open source materials, this chapter concludes that there is no clear or meaningful pattern of effects that WikiLeaks and Edward Snowden caused. This finding does not support the claims that advocates make about disclosure's necessity or its danger, and it casts doubts on legal standards that ask judges or officials to balance the benefits and risks of disclosure. Conclusion: The West Wing, the West Wing, and Abandoning the Informational Fix chapter abstractThis brief concluding chapter discusses two things: how the TV series The West Wing demonstrates our ambivalence about secrecy and transparency by giving full access to a transparently fictional White House whose officials debated why they kept secrets; and why seeking to tinker with government institutions and transparency mandates will ultimately be more successful than imagining government information can be fixed.

Read more less

Book SynopsisThis book considers jurisdictional issues on violations of personality rights through the Internet under the so-called ‘Brussels-Lugano Regime’ and centres on the special rule of jurisdiction in matters relating to tort, delict, or quasi-delict. It notes the governing objectives and underlying principles of this special rule; analyses its interpretation through the judgments of the ECJ, especially Bier, Shevill, and eDate and Martinez; and explores views expressed in legal theory and national judicial practice regarding its application for localising online violations of personality rights. The book aims to examine how the eDate and Martinez approaches advance administrability, predictability, and litigational justice and to assess whether they are suitable jurisdictional bases in Europe, where common legal norms, interests, and values increasingly integrate and connect persons. It concludes that they are not and recommends their possible reform.

Read more less

Book SynopsisThe first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers’ rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU’s Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: ‘Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.’ Francis Davey, Journal of Intellectual Property Law and PracticeTrade ReviewThis book provides a concise, introductory guide to digital copyright that also offers practical guidance and further reading for more in-depth analysis. Each chapter concludes with a bullet point summary that helps to make the book accessible and digestible. It would therefore be of interest to those practising, working, researching or studying in the field of digital copyright law. -- Hayleigh Bosher * The IPKat *[A] well-written, authoritative book, supported by numerous references … recommended for legal practitioners and creators and users of digital copyright materials alike. -- Professor Charles Oppenheim * European Intellectual Property Review *Table of Contents1. Why Digital Copyright Matters 1.1. Overview of this Book 1.2. Copyright: Its Scope and Rationale 1.3. The International Aspect of Copyright 1.4. The Digital Challenge to Copyright 1.5. Internet Technology and Copyright 1.6. International Legislation 1.7. The Future 2. Digital Copyright: The Basics 2.1. Introduction 5 2.2. What Digital Copyright Protects 2.3. How Digital Copyright can be Infringed 2.4. Exceptions and Defences to Digital Copyright Infringement 2.5. Who Owns the Digital Copyright? 2.6. The Implementation of the Electronic Commerce and Information Society Directives into UK Law 2.7. The Modernisation of EU Copyright Law in Light of the Digital Single Market 3. Digital Database Law and the Internet 3.1. The Relationship Between Copyright and Database Right 3.2. Digital Copyright Protection for Databases 3.3. Database Right Protection 3.4. Some Practical Suggestions 4. Digital Moral Rights: The Basics 4.1. What are Digital Moral Rights? 4.2. How are Digital Moral Rights Infringed? 4.3. Dealing with Moral Rights in Practice 5. Digital Rights and Competition Law 5.1. Overview: Competition Law and Digital Copyright 5.2. UK Competition Law 5.3. EU Law 5.4. Penalties for Breaching Competition Law 5.5. Implications for Digital Copyright Businesses 5.6. Concluding Comments 6. Software Copyright 6.1. Code and Copyright: The Basics 6.2. The Software Directive 6.3. What Does Software Copyright Protect? 6.4. The Challenge of the Free and Open Source Software (FOSS) Movement to Software Copyright 7. Digital Copyright and E-Commerce 7.1. Content Re-Use 7.2. Licensing and Linking 7.3. Digital Image Protection 7.4. Lawful Use of Search Engines 7.5. Napster to the Pirate Bay: Online Copyright Infringement 7.6. Service Provider Liability, Platforms and the ‘Value Gap’ 7.7. Standards and Web Content 7.8. Streaming Media and Digital Copyright 7.9. Technical Protection Measures and Fair Use: The End of Copyright? 7.10. The Digital Single Market 8. Digital Copyright: From Web 2.0 to Blockchain 8.1. Web 2.0 and Copyright 8.2. Fair Dealing and Web 2.0 8.3. Liability for Hosting and/or Distributing Infringing Content 8.4. E-Publishing 8.5. App Development and Licensing 8.6. Big Data 8.7. Artificial Intelligence, Virtual Reality and Copyright 8.8. Blockchain and Copyright 9. Protecting and Managing Your Digital Copyright Assets 9.1. General 9.2. Issues for Specific Industries 9.3. The Role of Collecting Societies/Collective Management Organisations in the Digital Environment 9.4. Orphan Works, Extended Collective Licensing and Digital Copyright Exchanges/Hubs 9.5. Precedent Checklists and Precedents 9.6. Consumers and Copyright Agreements

Read more less

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

Read more less

Book SynopsisCan traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.Table of ContentsIntroduction, Micheál Ó Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hörnle (Queen Mary University of London, UK) and David Ormerod (University College London, UK) Part One: Prescriptive Jurisdiction 1. The Presumption against Extraterritorial Criminal Jurisdiction, Alejandro Chehtman (Universidad Torcuato Di Tella, Argentina) 2. Text-Driven Jurisdiction in Cyberspace, Mireille Hildebrandt (Vrije Universiteit Brussels, Belgium) 3. Extraterritorial Ambit through Offence Definitions, Technology and Economic Power, Darryl Brown (University of Virginia, USA) 4. The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees ‘Taken Seriously’, Vincenzo Mongillo (Unitelma Sapienza University of Rome, Italy) 5. Extraterritorial Criminal Jurisdiction in International Law: Time for an Empirical Examination, Matthew Garrod (University of Sussex, UK) 6. Human Rights as Penal Drivers across the World, Mattia Pinto (University of York, UK) Part Two: Enforcement Jurisdiction 7. Enforcement Jurisdiction in A-territorial Spaces: Addressing Crime on the High Seas and in Cyberspace, Cedric Ryngaert (Utrecht University, the Netherlands) 8. Fitbit Health Data, Apple’s Geodata and Google Searches: Cross-Border Law Enforcement and the Territoriality Principle, Uta Kohl (University of Southampton, UK) 9. What Triggers the Extraterritorial Application of Fundamental Rights? From Effective Control Over Territory to State Act Theory in Cross-Border Surveillance, Julia Hörnle (Queen Mary University of London, UK) 10. Enforcement Jurisdiction and CLOUD Act Agreements: Clarity or Confusion? Tim Cochrane (University of Cambridge, UK) 11. Law Enforcement Access to Encrypted Data across Borders, Jessica Shurson (University of Sussex, UK) 12. Unexplained Wealth Orders against Politically Exposed Persons as a Response to Jurisdictional Limitations: Problems and Potential, Áine Clancy (University of Sheffield, UK)

Read more less