Digital, IT and Communications law Books

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 SynopsisAgainst the backdrop of the recent trend towards mega-regional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.With contributions from leading scholars in the field, this book presents a collaborative effort to map out the new dynamics shaped by scientific and technological advances and corresponding regulatory approaches. Starting with the trend of regulatory cooperation, the book focuses on prominent fields in international trade, information technology, energy, and public health. The final section reflects upon the position of intellectual property rights, a key concern in cross-border trade. This work is the first of its kind to give a timely review and assessment of the most critical challenges facing policymakers and academics in the newest wave of transformation in global trade governance.The book will appeal to academics who are researching in international economic law, technology law and policy, and political science. Practitioners and policy makers who are active in the field of international trade will also find great value in this work.Contributors include: W.-M. Choi, S.-J. Feng, M.-Z. Gao, B. Hazucha, C.-F. Lin, H.-W. Liu, C.-F. Lo, P. Mavroidis, B. Mercurio, Y. Naiki, S.-Y. Peng, S. Shadikhodjaev, R.H. Weber, M. Wu, P. YuTrade Review'This book provides a penetrating analysis of the timeliest issues in the context of WTO and megaregionalism: how to govern science and technology under the dynamic international economic order. With experts offering scholarly examination of contemporary challenges, this book proves to be a critical and constructive contribution to the field.' --Gabrielle Marceau, President of SIEL, Senior Counsellor at the WTOTable of ContentsContents: Part I Introduction 1. Governing Science and Technology in the Era of Megaregionals Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin 2. Regulatory Cooperation in the WTO: Why it Matters Now? How Could it be Achieved? Petros C. Mavroidis Part II Trade in ICT Goods and Services 3. Free Flow of Data and Digital Trade from an EU Perspective Rolf H. Weber 4. Lessons from the TPP Regulatory Coherence Chapter: The Laws Governing Unsolicited Commercial Electronic Messages as a Case Study Shin-Yi Peng 5. Export Policies, Technology Controls, and Investment Reviews: How States Compete in the Era of Global High-tech Value Chains. Mark Wu 6. China Standard Time: The Boundary of Techno-Nationalism in Megaregionals Han-Wei Liu, Part III Environmental and Energy Policy 7. Trade and Biological Diversity Governance in the Age of Megaregionalism Won-Mog Choi 8. Regulation of Renewable Energy Trade in the Megaregionals Era: Current Issues and Prospects for Rule-Making Reforms Sherzod Shadikhodjaev 9. The Promotion of Renewable Electricity Technology in the Mega-RTA Era: The Preliminary Evaluation of the Potential Effects on Regulatory Convergence or Divergence Anton Ming-Zhi Gao Part IV. Food Safety and Public Health 10. Food and Product Safety Issues in the TPP Yoshiko Naiki 11. Megaregional Transformation of Global Food Safety Governance: Normative Roots and Ramifications Ching-Fu Lin 12. How are Package-related Food Safety Issues Addressed in the TPP? Chang-Fa Lo Part V Intellectual Property Rights 13. TPP, RCEP, and the Crossvergence of Asian Intellectual Property Standards Peter K. Yu 14. International Harmonization with Regulatory Competition: A Case of Intellectual Property Law Branislav Hazucha 15. Harmonization without Localization: Trendspotting Pharmaceutical Patent Law in Recent FTAs Bryan Mercurio 16. Internet-Related Unfair Competition: The Impact of Treaties and Challenges for Mainland Chinese Law and Jurisprudence Shujie Feng Index

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Book SynopsisThis incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers. Investigating issues at the intersection of trade secrets and personal data as well as the potential legal conflicts to which this can give rise, Gintare Surblyte-Namaviciene examines what kinds of changes to the legal framework the growing data economy may require. Through an analysis of the way in which EU competition law may tackle algorithm-related problems the book also identifies a regulatory gap in the case of algorithmic manipulation in the business-to-consumer relationship. The book further argues that control by public bodies over terms and conditions often used in the data economy may be necessary for the sake of consumer protection. Scholars in competition law and regulatory governance, particularly those with an interest in the impacts of technology, will find this to be critical reading. It will also be beneficial to practitioners and policy makers working at the intersections of regulation and technology.Trade Review‘Gintare Surblyte-Namaviciene asks in her comprehensive book on competition and regulation in the data economy, whether artificial intelligence needs a new balance. How Surblyte-Namaviciene arrives at her conclusion with regard to several different, but yet linked, aspects of regulation becomes clear when delving into her intelligible and thought-provoking analysis. The result is a book that is much worth reading.’ -- Heiko Richter, Journal of Intellectual Property, Information Technology and Electronic Commerce Law'This book brings together a lot of thinking - old and new - to examine legal protections for the fruits of artificial intelligence (AI), demonstrating that not enough thought has been given to how our existing information laws interact and whether increased legal rights in information and data will adversely affect information flows, competition, and privacy. By discussing the details of trade secret and privacy law, and how these areas of law overlap, the book provides valuable insights into the means by which balance can be achieved and why trade secret protection is limited.' --Sharon K. Sandeen, Mitchell Hamline School of Law, US'This monograph presents a fundamental analysis of the four main fields of the data economy - trade secret law, data protection, competition law and consumer protection - and of the links and frictions between them. The author convincingly resists modernist overstating of artificial intelligence that underlies the data economy. Instead, she develops a classic legal framework for fine-tuning the innovation/dissemination incentives for and conflicting interests of innovators, producers, users and consumers of data and data services. The result is a book of highly rewarding reading.' --Hanns Ullrich, Max Planck Institute for Innovation and Competition, Munich, GermanyTable of ContentsContents: 1. Introduction 2. Digital Economy: between human brains and artificial intelligence 3. Trade secret protection for data 4. Data- and algorithm-driven economy: issues for competition? 5. Regulation beyond competition? 6. Conclusions

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Book SynopsisThis fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity.Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes.Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.Trade Review‘While the breath is impressive, the true value of this book is found in the doctrinal chapters, authored by leading experts with clarity, depth and attention to detail. The Handbook is undoubtedly a good resource for anyone interested in the foundational tenets of many areas of information law.’ -- Ann Kristin Glenster, The Cambridge Law Review‘This is a must read for anyone with a keen awareness of the need for a new look at information law and governance. The book as a whole reviews information law from a holistic perspective beyond the traditional realms such as intellectual property, trade secrets, privacy and cybersecurity, providing an excellent coverage of the issues brought forth by accelerated digitalization and interconnectivity in today’s society.’ -- Masabumi Suzuki, Nagoya University, Japan'This approachable title provides essential perspectives on the governance of valuable undisclosed information and data. Written by international experts, the book provides useful insights into complex questions of trade secrets, privacy and cybersecurity law. Their diverse approach to the topic highlights the multifaceted nature of protection of valuable information, underlining the necessity for balance, in times when everything may be digitalized and claimed to be owned.' -- Nari Lee, Hanken School of Economics, FinlandTable of ContentsContents: Introduction ix PART I GENERAL PERSPECTIVES 1 Cyberlaw will die and we will kill it 2 Ira Steven Nathenson 2 Confidentiality creep and opportunistic privacy 28 David S. Levine 3 Disclosure 48 Sharon K. Sandeen PART II EXCLUSIVE RIGHTS IN DATA: THE STATUS QUO AND THE WAY FORWARD 4 Exclusivity in data: How to best combine the patchwork of applicable European legal instruments 69 Herbert Zech 5 Data(base) rights? – misappropriation, property, and tales of trials and tribulations 77 Guido Westkamp 6 Big data in Japan: Copyright, trade secret and new regime in 2018 108 Tatsuhiro Ueno 7 Liability for the loss of data 121 Anette Gärtner PART III TRADE SECRECY LAW: EU, US AND GLOBAL PERSPECTIVES 8 The emergence of a global standard for reasonable efforts? 135 Christoph Rademacher 9 Employer’s liability for trade secret infringement 154 Gintarė Surblytė-Namavičienė 10 The limits of trade secret protection in the EU 174 Tanya Aplin 11 Freedom of the media and trade secrets in Europe 195 Ulla-Maija Mylly 12 The DTSA and trade secret extraterritoriality 217 Elizabeth A. Rowe and Giulia C. Farrior 13 Jurisdiction and choice of law in trade secrets cases: the EU perspective 234 Ansgar Ohly PART IV DATA PROTECTION, PRIVACY AND CYBERSECURITY 14 Data privacy in Europe and its reception under Japanese law 259 Henrike Weiden and Kensaku Takase 15 The right to explanation, explained 278 Margot E. Kaminski 16 An introduction to the California Consumer Privacy Act (CCPA) 300 Eric Goldman 17 Legislative developments on cybersecurity in the EU in the age of artificial intelligence 309 Faye Fangfei Wang Index

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Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265

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Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law JournalTable of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index

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Book SynopsisFundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.In this book, expert contributors explore how problems ranging from disinformation to hate speech to copyright violations are framed and tackled though legislation, codes of conduct and judicial interpretation. The chapters discuss positive law developments in the intersection of intermediary liability and rights, considering both the history and current intellectual debates surrounding European and US legislative initiatives. In addition to examining how the European Union and individual European nations regulate speech online, the book also analyses the e-Commerce Directive, the case law of the European Court of Human Rights and principles established under the United Nations. It concludes that content regulation online is best captured by the notion of 'speech curation', involving both private and public actors. Taking a human rights approach to online speech regulation, this timely book will be critical reading for academics and students of law, particularly those with an interest in internet law, information law and human rights. Its exploration of intermediary liability and fundamental rights will also be beneficial for legal practitioners working in online rights protection.Trade Review‘Fundamental Rights Protection Online offers profoundly original insights into critical challenges for internet regulation. Petkova, Ojanen and the contributors call for the EU to overhaul the intermediary liability regime and to demand more responsibility from tech companies. Engaging, provocative and timely, this collection will shape critical policy discussions in the years ahead.' -- Marc Rotenberg, Centre for AI and Digital Policy, Michael Dukakis Institute, US'This volume presents diverse voices and options for addressing the challenges presented by media and business model convergence.' -- Chris Hoofnagle, University of California, Berkeley, US'New technologies of sharing information through online intermediaries can be quite democratizing, as people now have an unprecedented ability to express themselves to a worldwide audience. But there is a dark side to the rise of these technologies: privacy violations, harassment, hate speech, and other insidious dangers have greatly worsened. Fundamental Rights Protection Online is an insightful collection of essays that explores these issues from a European Union fundamental rights perspective. This is an essential volume for understanding how the EU and various member states are addressing intermediaries, free speech, and privacy issues.' -- Daniel J. Solove, George Washington University Law School, USTable of ContentsContents: Foreword: The Challenges of Change 1 Acknowledgments 2 IntroductionPreface: Fundamental Rights Protection Online: Curation v. Regulation? Bilyana Petkova and Tuomas Ojanen 5 Part I: Conceptual Issues 21 1. Metaphors and judicial frame: why legal imagination (also) matters in the protection of fundamental rights in the digital age Oreste Pollicino 21 2. Filter Bubble and Human Rights Christoph Bezemek 34 Part II: The National Law Approach 43 3. ‘What is illegal offline is also illegal online’ –The German Network Enforcement Act 2017 Thomas Wischmeyer 43 4. Protecting Liberal Democracy from Artificial Information: The French Proposal Kamel Ajji 67 5. Mambo Italiano: The Perilous Italian way to ISP liability Marco Bassini 92 6. A Consumer Protection Approach to Platform Content Moderation in the United States Mark MacCarthy 119 Part III: Toward a European Law Approach? 140 7. The scandal of intermediary: Acknowledging the both/and dispensation for regulating hybrid actors Sophie Stalla-Bourdillon and Robert Thorburn 140 8. Intermediaries in the case law of the Court of Justice of the EU: The interplay between liability exemptions and rules on IP protection Alberto Miglio 168 9. Self-Regulation of Fundamental Rights? The EU Code of Conduct on Hate Speech, related initiatives and beyond Teresa Quintel and Carsten Ullrich 182 10. EU proposal for a Directive on Copyright in the Digital Single Market: Compatibility of Draft Article 13 with the EU intermediary liability regime Aleksandra Kuczerawy 205 Part IV: Toward an International Law Approach? 220 11. The Liability of Internet Intermediaries and the European Court of Human Rights Marta Maroni 220 12. A Business and Human Rights Perspective for Internet Intermediaries – The Case for Human Rights Due Diligence Lia Heasman 242 Index

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Book SynopsisComputational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies. Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods.Trade Review'This book situates computational analysis of law among overlapping research areas and deepens one s sense of the field as vitally distinct. The field is equally transnational and transubstantive, and the legal texts of interest are transmodal (spanning cases, statutes, administrative regulations, and much else). Each chapter reflects all those rich variations, while also highlighting the field s core methods. It is, and will continue to be, an important reference volume for those who hope to produce or consume the best computational legal studies.' --Joseph Scott Miller, University of Georgia, School of Law, US'Long overdue and perfectly timed, this book connects daring ideas with cutting-edge research methods to examine legal developments and legal practices. It is an indispensable companion for those who are interested in the fast-developing world of computational techniques that change the way we understand and practice law. It provides a vital tool to those who wish to explore the basics, the developments, the novelty, the variety, and the implications of these techniques for the new legal and social reality.' --Urska adl, European University Institute, ItalyTable of ContentsContents: The emergence of computational legal studies: an introduction 1 Ryan Whalen 1 Sense and similarity: automating legal text comparison 9 Wolfgang Alschner 2 Computational legal studies, digital humanities, and textual analysis 29 Nina Varsava 3 Computational stylometry: predicting the authorship of investment treaty awards 53 Malcolm Langford, Daniel Behn and Runar Lie 4 Automated classification of modes of moral reasoning in judicial decisions 77 Nischal Mainali, Liam Meier, Elliott Ash and Daniel Chen 5 On dragons, caves, teeth, and claws: legal analytics and the problem of court data access 95 Charlotte S. Alexander and Mohammad Javad Feizollahi 6 Computational legal studies in China: progress, challenges, and future 124 Yingmao Tang and John Zhuang Liu 7 Measuring surveillance chill and other regulatory impacts at scale 146 Jonathon W. Penney 8 Understanding content moderation systems: new methods to understand internet governance at scale, over time, and across platforms 166 Nicolas Suzor 9 Accounting for legal values 190 Kevin D. Ashley 10 Is legal cognition computational? (When will DeepVehicle replace Judge Hercules?) 215 Paul Gowder 11 Rule by rules 238 Michael A. Livermore 12 Purposes and challenges of legal citation network analysis on case law 265 Dafne van Kuppevelt, Gijs van Dijck and Marcel Schaper 13 Needles in a haystack: using network analysis to identify cases that are cited for general principles of law by the European Court of Human Rights 293 Henrik Palmer Olsen and Magnus Esmark 14 Agent-based modeling for legal studies 312 Alex Schwartz 15 Analyzing high volumes of German court decisions in an interdisciplinary class of law and computer science students 328 Janis Beckedorf, Dirk Hartung and Phillip Sittig Index 345

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Book SynopsisIn today's society, the power of someone's reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing. Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing. Academics and students of Law, Economics, Ethics and Communication Science will find policy making insights in this collection. In addition, The Regulation of Social Media Influencers will be essential reading for regulators. Contributors include: E. Apa, M. de Cock Bunning, S. de Jans, M. de Veirman, R. Ducato, I. Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M. Leszczynska, D. Mangan, G. Newlands, F. Pflücke, O. Pollicino, S. Ranchordás, D. Sindermann, E. van den Abeele, S. van der Hof, G. van Dijck, V. Verdoodt, I. WildhaberTrade Review'Social media influencers are a new object of study. Bringing together experts from different disciplines, this book offers a unique set of lenses to examine the legal, ethical, and broader societal implications of this fascinating phenomenon that is emblematic of today's attention economy. Covering a broad range of pressing issues from consumer protection to labor and speech law, the volume provides both practical insights as well as ''food for thought'' as we reimagine the role of law in the digital age.' --Urs Gasser, Harvard University, USTable of ContentsContents: 1 The regulation of social media influencers: an introduction 1 Catalina Goanta and Sofia Ranchordás PART I SOCIAL MEDIA, FREE SPEECH AND PUBLIC INTEREST 2 Free speech and the right of publicity on social media 22 Ernesto Apa and Oreste Pollicino 3 Life after the European Audiovisual Media Services Directive: social media influencers through the looking-glass 47 Madeleine de Cock Buning 4 An ethical view on influencer marketing – dynamic interaction between individual and economy or a simple data-driven advertising model? 74 Isabel Ebert and Dana Sindermann 5 Child labour and online protection in a world of influencers 98 Valerie Verdoodt, Simone van der Hof and Mark Leiser PART II INFLUENCER MARKETING AT WORK 6 Unravelling the power of social media influencers: a qualitative study on teenage influencers as commercial content creators on social media 126 Marijke De Veirman, Steffi De Jans, Elisabeth Van den Abeele and Liselot Hudders 7 #dreamjob: navigating pathways to success as an aspiring Instagram influencer 167 Gemma Newlands and Christian Fieseler 8 Influencer marketing as labour: between the public and private divide 185 David Mangan PART III CONSUMER DISCLOSURES AND CONTRACT LAW 9 Controlling influencer content through contracts: a qualitative empirical study on the Swiss influencer market 210 Catalina Goanta and Isabelle Wildhaber 10 One hashtag to rule them all? Mandated disclosures and design duties in influencer marketing practices 232 Rossana Ducato PART IV SOCIAL MEDIA AND EMPIRICAL RESEARCH DESIGN 11 Assessing the methodological quality of empirical research on social media influencers 275 Monika Leszczyńska and Gijs van Dijck 12 Making influencers honest: the role of social media platforms in regulating disclosures 299 Felix Pflücke Index 323

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Book SynopsisThis insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance.This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.Trade Review'Dr Watt's monograph provides a timely and much-needed assessment of the role of international human rights law in regulating State-sponsored digital surveillance. In doing so, it offers a thorough, thoughtful and at times provocative analysis of whether and to what extent this legal framework can reconcile the competing interests of privacy and security in the Digital Age.' -- Russell Buchan, University of Sheffield, UK'With State Sponsored Cyber Surveillance, Eliza Watt, distinguished scholar, international law expert, and civil liberties visionary examines the considerable challenge facing the world's democracies--properly balancing the global race to enhanced cyber espionage and cyber surveillance against preserving the rule of law and fundamental freedoms. Dr. Watt illuminates a path to protect privacy, and therefore human dignity and autonomy, against increasingly powerful mass surveillance. This book is a must read for anyone committed to maintaining an international order that protects human rights, and who believes that technology of immense power can be harnessed to support rather than undermine democracy. It is both useful and inspiring, an essential resource for students and strategic leaders alike.' -- Harry Wingo, National Defense University, Washington D.C., US'In a world of ubiquitous surveillance, Eliza Watt's book could not be more timely. Meticulously researched and eloquently written, Eliza Watt offers a compelling examination of whether existing international human rights law is adequately equipped to meet the challenges of the age of cyber surveillance. Revealing a fragmented landscape of disparate standards, Watt dares to imagine how law could do better, whilst cautioning that the process of limiting mass cyber surveillance is likely to be incremental at best. A landmark in the field, this book is required reading for anyone with even a passing interest in the relationship between international human rights law and the surveillance practices of the cyber era.' -- Barrie Sander, Leiden University, The NetherlandsTable of ContentsContents: 1. Introduction: the surveillance, security and privacy paradox 2. Cyber espionage, cyber surveillance, foreign electoral interference and international law 3. The right to online privacy as a customary international law rule 4. The principle of non-discrimination and the extraterritorial application of human rights treaties 5. Treaty-based privacy protection – interference 6. Treaty-based privacy protection – justifications 7. International law and the future of mass surveillance 8. Conclusion Index

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Book SynopsisA New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary’s actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers.With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.Trade Review‘Kylie Pappalardo provides a compelling and articulate legal argument for reconsidering allocation of liability of online platforms for copyright infringement. Intermediary liability is an urgent public concern that needs adequate policy solutions as overenforcement might impact negatively upon users’ fundamental rights online. 'A New Framework for Intermediary Liability' deserves immediate attention by lawmakers, judges, scholars, and the public alike.’ -- Giancarlo Frosio, Queen's University BelfastTable of ContentsContents: 1. Introduction to intermediary copyright liability 2. Responsibility theory 3. Causation: grounding a duty to act 4. Control in the absence of causation 5. Breaching the duty to minimize the risk of infringement: the negligence calculus 6. Copyright harm 7. Industry codes of practice and reliance liability 8. Conclusion Index

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Book SynopsisThis revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation.This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.Trade 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

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Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

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Book SynopsisThis textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.Table of ContentsContents: 1. Introduction 2. Overview of Distributed Ledger Technology and Terminology 3. The Regulation of Virtual Currency Businesses 4. Fundraising and Securities 5. Offers and Sales of Tokens Under U.S. Securities Laws 6. Smart Contracts 7. The Taxation of Digital Assets 8. Virtual Currency and Criminal Law Index

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Book SynopsisEU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment.Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework’s five main directives, comparing them with the changes proposed in the EECC.Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.Trade Review'This book's content and coverage provide for a thorough interpretation of the legal structure of telecommunications regulation in the EU. Its accessibility is demonstrable and the quality of the presentation assures the readership of the book's didactic and informative value. It is very topical, extremely well produced and offers a one-shop stop in EU telecommunications taw to academics, researchers and practitioners.' --Christopher Bovis, University of Hull, UKTable of ContentsContents: Preface 1. Regulating Telecommunications in the EU 2. The Development of EU Telecommunications Policy 3. The Legal Framework for Telecommunications Regulation in the EU 4. Competition and Telecommunications 5. Regulation of Market Entry - Authorisation and Spectrum Policy 6. Access and Interconnection 7. Universal Service 8. Consumer Protection 9. Regulating Television 10. Policy Controversies 11. Data Protection and Cybersecurity 12. Concluding Remarks

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Book SynopsisIn a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights.An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression.This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jørgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. ZalnieriuteTable of ContentsContents: Part I Conceptual Approaches to Human Rights and Digital Technology 1. Human Rights Futures for the Internet M.I. Franklin 2. There Are No Rights ‘in’ Cyberspace Mark Graham 3. Beyond national security, the emergence of a digital reason of state(s) led by transnational Guilds of Sensitive Information. The case of the Five Eyes Plus Network Didier Bigo 4. Digital Copyright and Human Rights: Balancing of Competing Obligations, or Is There No Conflict? Benjamin Farrand Part II Security and Human Rights: Between Cybersecurity and Cybercrime 5. Cybersecurity and Human Rights Myriam Dunn Cavelty and Camino Kavanagh 6. Cybercrime, Human Rights and Digital Politics Dominik Brodowski 7. “This is Not a Drill”: International Law and Protection of Cybersecurity Mathias C. Kettemann 8. First Do No Harm: The Potential of Harm Caused to Fundamental Rights and Freedoms by State Cybersecurity interventions Douwe Korff Part III Internet Access and Surveillance: Assessing Human Rights in Practice 9. Access to the Internet in the EU: a Policy Priority, a Fundamental, a Human Right, or a Concern of eGovernment? Lina Jasmontaite and Paul de Hert 10. Reflections on Access to Internet in Cuba as a Human Right Raudiel F. Peña Barrios 11. Surveillance Reform: Revealing Surveillance Harm and Engaging Reform Tactics Evan Light and Jonathan A. Obar 12. Germany’s Recent Intelligence Reform revisited: A Wolf in Sheep’s clothing? Thorsten Wetzling Part IV Automation, Trade and Freedom of Expression: Embedding Rights in Technology Governance 13. Liability and Automation in Socio-Technical Systems Giuseppe Contissa and Giovanni Sartor 14. Who pays? - On Artificial Agents, Human Rights and Tort Law Tim Engelhardt 15. Digital Technologies, Human Rights and Global Trade? Expanding export controls of surveillance technologies in Europe, China and India Ben Wagner and Stéphanie Horth 16. Policing ‘online-radicalization’: The framing of Europol’s Internet Referral Unit Kilian Vieth Part V Actors’ Perspectives on Human Rights: How Can Change Happen? 17. When Private Actors Govern Human Rights Rikke Frank Jørgensen 18. International Organizations and Digital Human Rights Wolfgang Benedek 19. Recognizing Children’s Rights in Relation to Digital Technologies: Challenges of Voice and Evidence, Principle and Practice Amanda Third, Sonia Livingstone and Gerison Lansdown 20. Digital Rights of LGBTI Communities: A Roadmap for a Dual Human Rights Framework Monika Zalnieriute Index

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Book SynopsisThis thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of technology, including artificial intelligence and distributed ledger technology, on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation.Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole. Chapters investigate corporate form, governance democratisation resulting from the more prevalent use of technology, the introduction of new classes of stakeholders and novel fund-raising activities and the impact of technology on corporate governance and regulatory supervision. Offering theoretical, practical and policy perspectives on the integration of technology with corporate governance and regulation, it provides a key contribution to the broader debate concerning the impact of technology on modern life.This insightful book should stimulate incisive academic discourse and will be of value to students and scholars of corporate, business and technology law. It will also be of benefit to legal practitioners, regulators and policy-makers interested in technological innovation.Trade Review‘This is an illuminating legal guide to the world of self-driving corporations, AI systems as corporate board members, and all the corporate governance challenges that come from the rise of technology. As always, the law plays catch-up, as the technology runs ahead. This collection of thoughtful analyses of the issues will well serve all lawyers who are chasing the technology and attempting to keep up.’ -- Ross P Buckley, KPMG and KWM Professor of Disruptive Innovation, UNSW Sydney, Australia'The breadth of perspectives of this work on technology and corporate law is as impressive as the insightfulness of its contributions. As technology heavily impacts corporate governance practices, organisational forms and the functioning of capital markets, this book deserves its place in the library of anyone with an interest in the present and the future of corporate law.' -- Luca Enriques, Professor of Corporate Law, University of Oxford, UKTable of ContentsContents: Foreword viii Acknowledgements xii 1 Introduction to Technology and Corporate Law 1 Andrew Godwin, Pey Woan Lee and Rosemary Teele Langford PART I CORPORATE FORM 2 Viewing artificial persons in the AI age through the lens of history 21 Susan Watson PART II CORPORATE GOVERNANCE 3 The corporate board in an age of collaborative intelligence and complex risk 43 Helen Bird and Natania Locke 4 Artificial intelligence and corporate boards: some ethical implications 70 Vivienne Brand 5 Data explosion, disclosure and stepping stones 99 Rosemary Teele Langford 6 Recalibrating directors’ liabilities amidst technological flux 126 Pey Woan Lee and Susanna HS Leong PART III GOVERNANCE DEMOCRATISATION 7 Shareholder empowerment in the digital age 152 Pearlie Koh 8 The first step of a long march: dual-class company regulation and the experiment by the sci-tech and innovation board in China 178 Charlie Xiao-chuan Weng, Shangxuan Wu and Zhaohui Shen 9 Corporate governance challenges in initial coin offerings 205 Aurelio Gurrea-Martínez and Nydia Remolina 10 Corporate governance implications of equity crowdfunding 227 Steve Kourabas PART IV DATA ENHANCEMENTS AND ALTERNATIVE MODELS FOR ‘CORPORATE’ GOVERNANCE 11 Corporate disclosure in a technology-enabled world 252 Andrew Godwin 12 Keep your ‘invisible hands’ to yourself: freeing corporate governance from the cult of the ‘efficient market’ 277 David C Donald 13 The advent of decentralised autonomous business networks in the disembodied economy: a discussion on why the governance regimes of corporations and partnerships are unsuitable to them 306 Moshood Abdussalam and Mia Rahim

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.Trade Review‘David Fidler’s review of the contemporary complexities of cybersecurity law and its application comes at a critical time. He has hit the nail on the head in writing that “. . . governments extensively use policy and law in responding to cybersecurity threats” - while also underlining the limitations of both in today’s rapidly-evolving international system.’ BR> -- Deborah Housen-Couriel, Hebrew University of Jerusalem, Israel‘True to its title, Advanced Introduction to Cybersecurity Law offers both an excellent entry point for readers unfamiliar with the domestic and international legal issues raised by a rising number of cybersecurity threats (and capacities) alongside a sophisticated survey of the extant geopolitical, ideological, and technical contexts that will benefit existing experts. With careful and concise assessments of the regime complexes that address cyber manifestations of four security threats - crime, terrorism, espionage, and armed conflict - Fidler’s work offers a clear-eyed view of present challenges alongside a critical analysis of the law’s capacity to redress them in the coming years.’ -- Duncan B. Hollis, Temple University, School of Law, USTable of ContentsContents: Foreword PART I BACKGROUND FOR CYBERSECURITY LAW 1. Introduction: Cybersecurity and cybersecurity law 2. Cyberspace, security, and law PART II CYBERSECURITY AND NON-STATE ACTORS: CRIME AND TERRORISM IN CYBERSPACE 3. Cybercrime 4. Cyber terrorism PART III CYBERSECURITY AND STATE ACTORS: ESPIONAGE AND WAR IN CYBERSPACE 5. Cyber espionage 6. Cyber war 7. Conclusion: Cybersecurity law in a divided world Index

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Book SynopsisThis comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.Trade Review‘Digital trade is the future, but do we really understand what digital trade is and what challenges it poses to trade policy-makers and regulators? This Research Handbook on Digital Trade is an excellent starting point (and more) if you want to understand digital trade better. The 26 contributions, written by many of the top experts on the topic and skillfully edited by David Collins and Michael Geist, are a must-read for international trade lawyers.’ -- Peter van den Bossche, University of Bern, Switzerland‘Digital trade agreements have become the spaghetti bowl that Jagdish Bhagwhati warned us about. Moreover, these agreements are way behind data-driven developments and don't appear to be building trust. Collins and Geist have provided us with a cornucopia of insights to better understand our digital reality.’ -- Susan Ariel Aaronson, George Washington University, US'The Research Handbook on Digital Trade is essential for anyone interested in the rapidly evolving landscape of global digital commerce. In this comprehensive work, David Collins and Michael Geist bring together leading experts to cover trade agreements, regional approaches, policy challenges, and emerging technologies, providing valuable insights into the complex world of digital trade law and policy. It is a must-have resource for professionals, scholars, and policy-makers alike.' -- Andrew Mitchell, Monash University, AustraliaTable of ContentsContents: 1 Introduction to Research Handbook on Digital Trade 1 David Collins and Michael Geist PART I TRADE AGREEMENTS AND DIGITAL TRADE 2 Digital trade rulemaking in free trade agreements 9 Mira Burri 3 Three generations of digital trade provisions in preferential trade agreements 28 Rodrigo Polanco 4 E-commerce or digital trade? Why the difference should matter to trade lawyers 54 Wolfgang Alschner 5 WTO law and cross-border data flows for digital trade 73 Rolf H. Weber 6 The Digital Economy Partnership Agreement (DEPA): accession to the digital-only regime 90 Joo Hyoung Lee and David Collins 7 Placing gender equality at the centre of global digital trade policy 102 Michael Geist PART II REGIONAL APPROACHES TO DIGITAL TRADE: NORTH AMERICA AND EUROPE 8 The EU as a digital trade actor 118 Elaine Fahey 9 Federalism and digital trade 134 Patrick Leblond PART III REGIONAL APPROACHES TO DIGITAL TRADE: ASIA 10 China and WTO e-commerce negotiations 149 Henry Gao 11 Facilitating digital trade in Hong Kong 169 Bryan Mercurio 12 Digital trade agreements and digital policy space in the Republic of Korea 179 Tae Jung Park and Joo Hyun Park 13 Towards digital special economic zones: new technology, digitalization and transformation 200 Julien Chaisse PART IV REGIONAL APPROACHES TO DIGITAL TRADE: AFRICA, THE MIDDLE EAST AND THE AMERICAS 14 Streamlining the law on digital trade: prospects for the African Continental Free Trade Area (AfCFTA) negotiations 219 Cheryl Dine 15 Legal approaches to the regulation of digital trade by Middle Eastern countries 234 Bashar Malkawi 16 Latin America: the leap from the single window to the Single Submission Portal as a way of internalizing SMEs 253 Manuel Quindimil PART V DIGITAL TRADE LEGAL AND POLICY CHALLENGES: FINANCE, INVESTMENT AND TAXES 17 The compatibility of digital services taxes with World Trade Organization law 271 David Collins 18 The feasibility and desirability of applying international investment agreements to digital assets 289 Nicolette Butler and Jasem Tarawneh 19 Fintech: Technology-enabled financial innovation for digital trade 307 Lerong Lu 20 The digital nomad and the emergence of global labour mobility 330 David Collins and Ben Robinson PART VI DIGITAL TRADE LEGAL AND POLICY CHALLENGES: ARTIFICIAL INTELLIGENCE 21 The principles of algorithmic justice in the digital market 346 Maciej Hulicki 22 Artificial intelligence and law: emerging divergent national regulatory approaches in a changing landscape of fast-evolving AI technologies 370 Lijun Zhao 23 The role of artificial intelligence in international commercial arbitration in the post-Covid era 401 Muhammad Hassan Idrees and Annabelle Onyefulu PART VII DIGITAL TRADE LEGAL AND POLICY CHALLENGES: DATA, SECURITY AND IP 24 Digital economy agreements: where do we stand and where are we going? 417 Dan Ciuriak 25 Digital trade and economic security: considerations on the Japan–US Digital Trade Agreement 440 Rikako Watai 26 Digital trade and intellectual property 456 Marc D. Mimler Index

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Book SynopsisThis innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests.Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.Trade 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

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Book SynopsisAs the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns.Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies.Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.Trade Review‘Ruptures can help us see society in new ways. By interrogating the surveillance practices during the COVID-19 pandemic from different angles, the essays in this book insightfully reveal a range of challenges to privacy in a data-saturated world.’ -- danah boyd, author of It's Complicated: The Social Lives of Networked TeensTable of ContentsContents: Introduction 1 Margaret Hu PART I DIGITAL PRIVACY, SECURITY, AND EMERGING SURVEILLANCE TECHNOLOGIES 1 Mass surveillance in the age of COVID-19 6 Natalie Ram and David Gray 2 Balancing the pursuit of knowledge against the preservation of privacy 27 Davi Ottenheimer 3 Surveillance and pandemic in Brazil: an essay in three acts 42 Nathalie Fragoso, Clarice Tavares, and Jade Becari 4 Frictionless pandemic surveillance and social credit systems 64 Margaret Hu 5 The developing narratives of pandemic surveillance 86 Joshua Fairfield PART II CONTEXTUALIZING CHALLENGES IN REGULATING PANDEMIC SURVEILLANCE 6 Pandemic surveillance and US foreign surveillance 105 Peter Margulies 7 Regulating privacy and data ethics in the context of the UK’s contact tracing apps 114 Ian Brown 8 Privacy and pandemic surveillance apps in Latin America 136 María Soledad Segura 9 Implementing effective digital privacy policy: the road ahead in post-pandemic times 148 Stuart N. Brotman 10 Tracing the invisible: information fiduciaries and the pandemic 158 Anne L. Washington and Lauren Rhue PART III LEGAL AND ETHICAL CONSIDERATIONS MOVING FORWARD 11 Pandemic surveillance: ethics at the intersection of information, research, and health 187 Daniel Susser 12 Using personal data and data-driven technologies for research and public health in the context of the COVID-19 pandemic 197 Bethânia de Araújo Almeida 13 Pandemic ethics: the intersection of technology, trust, and privacy, and implications for marginalized communities 204 Jolynn Dellinger 14 Of pandemics and progress 216 Andrea M. Matwyshyn Index

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Book SynopsisDigital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.Table of ContentsContents: Introduction to Digital platforms and global law: Work plan 1. Digital platforms: protagonists of the self-age 2. Digital platforms as private transnational legal orders 3. Plurality of private transnational legal orders and relations 4. Digital platforms as subjects of transnational and international law 5. Digital platforms and global law Index

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Book SynopsisThis ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted. Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination. Contributors include: J.E. Cohen, G. de Vries, S. Delacroix, P. Dumouchel, C. Ess, M. Garnett, E.H. Gerding, R. Gomer, C. Graber, M. Hildebrandt, C. Maple, K. O'Hara, P. Ohm, m.c. schraefel, D. Stevens, N. van Dijk, M. VealeTrade Review'The volume begins with a deep and insightful philosophical dialogue between the editors on AI, conservatism and legal protection, which sets the scene for the wide ranging but complementary chapters that follow. It confronts a set of questions about our data-driven present-future which are at once theoretical and practically urgent. Amongst the now-crowded literature on the political and legal implications of digital technologies, it is rare to encounter writing with such lyricism and verve, by turns whimsical and deadly serious. The chapters present a range of novel conceptual frames, from the algorithmic limbic system to a conservative defence against big data, each of which are bold and imaginative whilst being predicated on existing social and technological practices.' --Reuben Binns, University of Oxford, UK'In a time in which algorithms are pervading communication, culture and social life in increasingly effective ways, theoretical reflection often lags behind. Hildebrandt and O'Hara have succeeded in assembling and coordinating a brilliant collection of observations from different disciplines that, rather than being driven by technology, ambitiously show alternative perspectives. An illuminating read to help us understand and govern the challenges our society is facing.' --Elena Esposito, University of Bologna, Italy and University of Bielefeld, Germany'How should human agents preserve their humanity, their agency, and their valued institutions in their self-created data-driven environments? In this stimulating book - a follow-up to Smart Technologies and the End(s) of Law - readers will find more from Mireille Hildebrandt (in her own right and in conversation with her co-editor, Kieron O'Hara) and more from an impressive team of contributors (spanning law, philosophy, politics, media and computer science). Text is not yet dead; this is a must-read book.' --Roger Brownsword, King's College London and Bournemouth University, UKTable of ContentsContents: Preface xii 1. Introduction: Life and the law in the era of data-driven agency 1 Mireille Hildebrandt and Kieron O’Hara 2. Between the editors 16 Kieron O’Hara and Mireille Hildebrandt PART I 3. Data-driven agency and knowledge 45 Paul Dumouchel 4. The emergent limbic media system 60 Julie E. Cohen 5. Smart technologies and our sense of self: Going beyond epistemic counter-profiling 80 Sylvie Delacroix and Michael Veale 6. Rethinking transparency for the Internet of Things 100 m.c. schraefel, Richard Gomer, Enrico Gerding and Carsten Maple 7. From the digital to a post-digital era? 117 Charles Ess PART II 8. Do digital technologies put democracy in jeopardy? 135 Gerard de Vries 9. In defence of ‘Toma’: Algorithmic enhancement of a sense of justice 156 David Stevens 10. The conservative reaction to data-driven agency 175 Kieron O’Hara and Mark Garnett 11. Artificial intelligence, affordances and fundamental rights 194 Christoph B. Graber 12. Throttling machine learning 214 Paul Ohm 13. In the hall of masks: Contrasting modes of personification 230 Niels van Dijk RESPONSE 14. Life and the law in the era of machine agency 253 Mireille Hildebrandt Index 265

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Book SynopsisIs competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal – the latter frequently from a comparative perspective.Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices.With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.Trade Review‘This book is essential reading for those with an interest in algorithmic collusion, or competition and technology more generally. I would also recommend it to those who have limited knowledge of this area of competition scholarship and feel overwhelmed by the sheer volume of existing literature available. This collection is an excellent starting point, as the early chapters are written in a very clear and accessible style. They do an excellent job of explaining the main issues and critically summarising and discussing the previous literature, setting the scene for the original contributions that follow.’ -- Andreas Stephan, Competition Policy Blog‘This unique book offers a window into the fascinating world of algorithmic collusion. Several contributions assess how this new phenomenon is dealt with under the laws of various jurisdictions (Australia, China, India, Japan and the EU). That alone would make the book worth the read, but there is more. Another chapter dives deep into the algorithms used by Uber and Amazon and draws implications on the likelihood of competition law infringements. Yet another chapter shares the results of a screening exercise for algorithmic collusion in Singapore. Together, the chapters in this book reflect the great diversity and originality of research into this topic, and take the reader on a wonderful journey through this novel area of competition law.’ -- Simon Vande Walle, The University of Tokyo, Japan‘In many online markets, prices are set in an automated manner by algorithms, which raises significant competitive concerns and numerous competition law issues, in particular the danger of collusive behaviour of algorithms. This collection of essays provides an excellent overview of the key economic and legal aspects of algorithmic collusion, as well as the approaches taken in different jurisdictions to address this problem. It is a valuable volume that should be consulted by all interested in algorithmic collusion and its economic and competition law aspects.’ -- Ulrich Schwalbe, University of Hohenheim, Germany.‘This collection of essays helps to improve our understanding across AI collusion.’ -- D. Daniel Sokol, USC Gould School of Law and Marshall School of Business, USTable of ContentsContents: Preface x Salil K. Mehra Acknowledgements xii 1 The algorithmic collusion debate: a focus on (autonomous) tacit collusion 1 Steven Van Uytsel 2 Algorithms and the limits of antitrust 39 Thomas Weck 3 Artificially intelligent collusion caught under EU competition law 48 Jan Blockx 4 Can the reformed Australian competition law stop algorithmic collusion? 67 Baskaran Balasingham 5 Tackling algorithmic collusion: the scope of the Indian Competition Act 92 Nikita Koradia, Kiran Manokaran and Zara Saeed 6 Challenges brought by and in response to algorithms: the perspective of China’s Anti-Monopoly Law 142 Wei Han, Yajie Gao and Ai Deng 7 Algorithmic collusion and the Japanese antimonopoly law 165 Steven Van Uytsel and Yoshiteru Uemura 8 Price-monitoring algorithms and resale price maintenance: an analysis of recent cases in Europe 189 Yoshiteru Uemura 9 Pricing in online grocery markets: challenges in monitoring competition 203 Cassey Lee and Gloria Lin 10 Algorithms unravelled: observations on the audit of Uber and Amazon marketplace algorithms 237 Steven Van Uytsel Index 260

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Book SynopsisThis important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology.Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers’ understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.Trade Review‘This is a book every financial services lawyer and compliance officer will benefit from.’ -- From the foreword by Gordon Brough, General Counsel, CQS (UK) LLPTable of ContentsContents: Forward by Gordon Brough, Preface to the first edition, 1. An introduction 2. Accountability 3. Cloud computing 4. Cryptoassets 5. Cyber security 6. Data protection 7. Sandbox 8. Trading platforms 9. Innovation protection 10. Competition 11. Payment services 12. Machine learning 13. Quantum computing Extensive Index

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Book SynopsisThis important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology.Key features include: Cutting-edge coverage of topics within technology Drawing together the different strands of financial regulation and technology Succinctly encapsulating the essence of complex topics, including machine learning, artificial intelligence, intellectual property and quantum computing Furthering readers’ understanding of the key case law, regulation, authoritative financial services regulator guidance and international standards governing these specific themes. Financial Regulation and Technology will be crucial reading for legal counsel and compliance officers in asset managers, banks, platforms and FinTech SMEs looking to consolidate their knowledge of financial regulation and technology issues.Trade Review‘This is a book every financial services lawyer and compliance officer will benefit from.’ -- From the foreword by Gordon Brough, General Counsel, CQS (UK) LLPTable of ContentsContents: Forward by Gordon Brough, Preface to the first edition, 1. An introduction 2. Accountability 3. Cloud computing 4. Cryptoassets 5. Cyber security 6. Data protection 7. Sandbox 8. Trading platforms 9. Innovation protection 10. Competition 11. Payment services 12. Machine learning 13. Quantum computing Extensive Index

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Book SynopsisThis provocative and timely book identifies and disrupts the conventional regulation and governance discourses concerning AI and big data. It suggests that, instead of being used as tools for exclusionist commercial markets, AI and big data can be employed in governing digital transformation for social good. Analysing the ways in which global technology companies have colonised data access, the book reveals how trust, ethics, and digital self-determination can be reconsidered and engaged to promote the interests of marginalised stakeholders in data arrangement. Chapters examine the regulation of labour engagement in digital economies, the landscape of AI ethics, and a multitude of questions regarding participation, costs, and sustainability. Presenting several informative case studies, the book challenges some of the accepted qualifiers of frontier tech and data use and proposes innovative ways of actioning the more conventional regulatory components of big data. Scholars and students in information and media law, regulation and governance, and law and politics will find this book to be critical reading. It will also be of interest to policymakers and the AI and data science community.Trade Review‘Based on wisely selected case studies, the authors offer a compelling reframing of the orthodox tech-and-regulation relationship. They build a strong case that AI is more than a regulatory target: “Distruptive Regulation” uses technology to protect and advance the interests of vulnerable stakeholders instead of serving those in power.’ -- Urs Gasser, Technical University of Munich, Germany‘If you're looking for a thought-provoking read on governing AI and big data, then I highly recommend checking out this book. Using real-life examples, the authors offer a new approach to regulation that empowers people and promotes trust and data responsibility. The authors also provide practical pathways to advance digital self-determination and to promote fairness, and non-discrimination in how we use AI. Overall, the book challenges conventional thinking and is a must-read for anyone interested in technology and its impact on our society.’ -- Stefaan G. Verhulst, New York University, USTable of ContentsContents: 1. Disruptive regulation 2. Trust as regulation 3. Disrupting data – digital self-determination 4. Modern AI ethics is a field in the making 5. Modelling disruptive regulation Index

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Book SynopsisThe Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law. Paying close attention to recent acts and proposals, including the Digital Services Act (DSA), Digital Markets Act (DMA), AI Act and others, this Research Handbook traces the developments of main regulatory ideas; provides criticism of the methods, principles, approaches and enforcement; and gives a critical analysis of the normative side of regulation. The expert contributors are clustered around the main regulatory fields and each deals adeptly with one or more of the key features of the passed or proposed acts. Providing a critical analysis of the EU’s regulatory efforts in digital regulation, this discerning Research Handbook will be a useful reference tool for academics and postgraduate students specialising in international law, e-commerce, consumer law and IT law. It will also be of interest to practitioners, including governmental officials and data protection officers.Trade Review‘The Research Handbook gives us much-needed insight into what may be considered as the central struggle of contemporary law, i.e. the attempt to regulate the digital revolution. A must-read for anyone trying to understand the law in 21st century.’ -- Maciej Szpunar, Court of Justice of the European Union‘Andrej Savin and Jan Trzaskowski are the leading scholars in regulation of the online world, and are among the most important contributors to the emerging discipline of Social Welfare Computing. In this book they have brought together an impressive collection of papers, from a distinguished group of faculty, addressing the most important fields within Social Welfare Computing and online regulation.’ -- Eric K. Clemons, University of Pennsylvania, US‘The editors have put together an impressive and thought-provoking collection of articles by leading scholars of Internet law.’ -- Martin Husovec, London School of Economics, UKTable of ContentsContents: Preface ix PART I POLICY, GOVERNANCE AND REGULATORY TOOLS 1 EU Internet policy in the 2020s 2 Gerald Spindler 2 EU Internet law in the era of convergence and digital platforms: the interplay with EU telecoms and media law 45 Søren Sandfeld Jakobsen 3 Designing EU digital laws 62 Andrej Savin 4 Do algorithms need to be regulated, and if so, what algorithms? 79 Arno R. Lodder and Zachary Cooper 5 Leveraging conducts in the digital economy: a competition and regulatory perspective 93 Christian Bergqvist and Elisa Faustinelli PART II INTELLECTUAL PROPERTY LAW 6 EU copyright law, an ancient history, a contemporary challenge 119 Tatiana-Eleni Synodinou 7 Limitations to copyright in the digital age, safeguards for users’ rights, creativity and authors’ remuneration interests 148 Christophe Geiger, Franciska Schönherr and Bernd Justin Jütte 8 The making of EU copyright law: building blocks, current appearance, and future transformations 178 Eleonora Rosati PART III JURISDICTION 9 Where does ‘making available’ occur? 193 Jane C. Ginsburg and Antonia von Appen 10 Jurisdiction over cyber torts under the Brussels I Bis Regulation 214 Sandrine Brachotte and Arnaud Nuyts PART IV INTERNAL MARKET AND PLATFORMS 11 Digital Services Act: a reform of the e-Commerce Directive and much more 231 Sebastian Felix Schwemer 12 Platform responsibility in the Digital Services Act: constitutionalising, regulating and governing private ordering 252 Giancarlo Frosio 13 The European Commission’s Proposal for an Artificial Intelligence Act 270 Martin Ebers 14 A European legal framework for digital identities, digital authentication and electronic signatures: reflections on a moving target 292 Niels Vandezande and Jos Dumortier PART V CONSUMERS AND MARKETING 15 Persuasion, manipulation, choice architecture and ‘dark patterns’ 308 Jan Trzaskowski 16 The sustainability gap in the regulation of e-commerce 329 Nikola Schiefke and Hans-W. Micklitz 17 Unsafe and still online: proposals to improve product safety on online marketplaces 344 Christine Riefa 18 Regulating the wild world of digital services in the EU 366 Joasia Luzak PART VI CITIZENS AND THE INTERNET 19 User empowerment in the age of algorithms: two steps forward, one step back? 387 Emily M. Weitzenboeck 20 Tackling cyberscams through EU criminal law 410 Alisdair A. Gillespie 21 The reshaping of the freedom of expression in the digital environment in light of the role of social networks 427 Oreste Pollicino and Marco Bassini 22 Embedded data protection – how law and technology interact 466 Colette Cuijpers and Mara Paun Index

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Book SynopsisReforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas. Table of ContentsContents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Séverine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors’ remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive – flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works – safeguarding authors’ and users’ rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU’s innovation policy 225 Hanns Ullrich 16 Reversing logic… 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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Book SynopsisDigital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders.The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging.This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.Table of ContentsContents: Introduction to Digital platforms and global law: Work plan 1. Digital platforms: protagonists of the self-age 2. Digital platforms as private transnational legal orders 3. Plurality of private transnational legal orders and relations 4. Digital platforms as subjects of transnational and international law 5. Digital platforms and global law Index

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Book SynopsisThis extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.Trade Review'From the very first lines of the "Preface" until the "Way forward" addressed in the last section, this very well written book covers all main areas of EU internet law regulation, and has been a valuable source ever since the first edition, for both practicing lawyers and scholars. Andrej Savin is one of the few all-round internet law specialists, and masters uniquely the broad spectrum of internet law ranging from telecommunication law, ISP liability, cyber security, contracting, data protection, etc.' -- Arno R. Lodder, Vrije Universiteit Amsterdam, the Netherlands'This book by Andrej Savin is an excellent masterpiece coping with the phenomenon of "Internet law", which has been underevaluated as its objective seems to be opaque and horizontal and does not fit into the general classification of legal areas. Savin's aim is not to provide an in-depth analysis of EU copyright, EU privacy or EU consumer protection - rather the book tackles an overall analysis of how all the different disciplines fit together with regard to the Internet regulation and policies of the EU. Even though Savin does not claim to scrutinize every detail of legal areas that are relevant, he succeeds in writing an outstanding book which provides a thorough overview of Internet policies and regulations. The third edition takes all recent developments into account, from the forthcoming Digital Services Act to the recently adopted Digital Content Directive, as well as new decisions of the CJEU. Hence, for everybody who is interested in the development of EU Internet Law I can strongly recommend this book.' -- Gerald Spindler, University of Gottingen, GermanyTable of ContentsContents: Preface 1. Internet regulation in the European Union 2. Electronic commerce 3. International jurisdiction and applicable law 4. Speech and content regulation 5. Liability of intermediaries 6. Intellectual property 7. Consumer protection and marketing 8. Data protection and privacy 9. Digital identity and electronic payments 10. Cybercrime and cybersecurity 11. Concluding remarks Index

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Book SynopsisThis important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers.Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.Trade Review‘The broader variety of perspectives in the book make an important contribution to current scholarly debates. Hopefully this research will also be noticed by policymakers presented with opportunities (or pressures) to adopt blockchain technologies.’ -- Albert Sanchez-Graells, How to Crack a Nut: A blog on EU economic law‘This book is a comprehensive yet extensive study on how blockchain changes our relationship with existing public institutions.‘ -- Thibault Schrepel, Utrecht University, the Netherlands‘This book cuts through the blockchain hype by compiling the research of prominent scholars that critically engage with the technology and its legal implications. It is a rich collection of lucid evaluations of blockchain and the law and an invaluable resource for anyone interested in this particular technology but also the intersection between law and technological innovation more generally.‘ -- Michèle Finck, Max Planck Institute for Innovation and Competition, GermanyTable of ContentsContents: 1 Introduction to Blockchain and Public Law 1 Oreste Pollicino and Giovanni De Gregorio PART I BLOCKCHAIN AND PUBLIC LAW 2 Blockchain utopia and its governance shortfalls 13 Uta Kohl 3 Blockchain and sovereignty 40 Riccardo de Caria 4 Blockchain and citizenship: uneasy bedfellows 59 Oskar J. Gstrein and Dimitry V. Kochenov 5 Blockchain and democracy: Challenges and opportunities of blockchain and smart contracts for democracy in the distributed, algorithmic state 76 Jurgen Goossens 6 Blockchain and authoritarianism: The evolution of decentralized autonomous organizations 89 Tom W. Bell 7 Blockchain and public administration 104 Yoan Hermstrüwer 8 Blockchain and freedom of expression 122 Giovanni De Gregorio 9 Blockchain, privacy, and data protection 140 Paul De Hert and Ashwinee Kumar 10 Blockchain for healthcare applications and use cases 156 Immaculate Motsi-Omoijiade and Alexander Kharlamov PART II BLOCKCHAIN AND PUBLIC LAW AT THE INTERSECTION 11 Blockchain and contract law: Smart contracts 191 Pietro Sirena and Francesco P. Patti 12 Blockchain and financial law: FinTech and crypto-assets 208 Filippo Annunziata 13 Blockchain and antitrust law: A roadmap 224 Maria Teresa Maggiolino and Laura Zoboli Index

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Book SynopsisThis book explores the digital future of the EU, critically analysing the governance of digital single market actors and the platform economy. It discusses notions of freedom, responsibility and accountability, examining the circulation of unlawful content through the broad lens of digital governance.

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Book SynopsisThis Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative. Trade Review‘This volume arrives at a time when dissatisfaction with traditional legalistic forms of contract drafting, and the possibilities of more innovative user-centred modes of contract design, are on the rise.New sub-disciplines often arise through new interactions between established disciplines and contract design is no exception. The inclusion of information designers, alongside leading contracts scholars, is therefore an important positive feature. There is also jurisdictional diversity with chapters outlining developments from Europe, North America, Africa, Asia and Australasia. Contributions from innovative contract design practitioners and consultants further enrich the perspectives in the volume.A key challenge with edited collections is often to capture the range of activity and diversity of voices within a coherent message to readers. The editors have done this admirably and the contributions all show facets of the transformatory potential of contract design, and the reimagination of contracts from mere clarification and risk management documents into processes and outcomes that facilitate understanding, agency and ongoing collaboration for contract users.’ -- Michael Doherty, University of Lancaster, UK‘This Research Handbook is a remarkable effort from a team of top researchers from multiple disciplines to promote contract design. The contributors emphasize that contracts are not only legal tools for lawyers to manage legal risks of their clients, but primarily business tools that create win-win outcomes. Promoting a fresh user-centric approach to make contracts better by design for all stakeholders in the contracting community, this book is recommended to everybody who drafts, designs or implements contracts in business.’ -- Soili Nystén-Haarala, University of Lapland, Finland‘This Research Handbook is a treasure trove of cutting edge research on contract design. With its wide range of topics, the book provides one-stop shopping for all stakeholders in the design process–lawyers, managers, designers, and others who are interested in a user-centric approach to better contracting.’ -- George J. Siedel, University of Michigan, USTable of ContentsContents: Preface xii PART I RETHINKING CONTRACTS: FROM DRAFTING TO DESIGN 1 The many layers and dimensions of contract design 2 Marcelo Corrales Compagnucci, Helena Haapio and Mark Fenwick 2 ‘Contracts are just words’ 19 Tim Cummins 3 Reframing contract design: integrating business, legal, design, and technology perspectives 33 Thomas D Barton, Helena Haapio, Stefania Passera and James G Hazard 4 Designing contracts for human readers 55 Robert Waller 5 Functional or dysfunctional? The language of business contracts in English: an update 75 Christopher Williams 6 Contract transformation: merging drafting and design to meet the needs of human readers 92 Stefania Passera, Emily Allbon and Helena Haapio PART II WHY CONTRACT DESIGN MATTERS: RETHINKING THE BUSINESS AND LEGAL PURPOSE AND FUNCTIONS OF CONTRACTS 7 Rethinking legal requirements: a case study of incomprehensible consumer contracts in the United States 114 Wendy E Wagner 8 Contractual processualization: designing proactive contractual processes to support legal, technical and commercial purposes 134 René Franz Henschel 9 The functional contracting framework: assessing the impacts of contract functions, framing and regulatory focus 158 Anna Hurmerinta-Haanpää 10 Genre blending and contract design 180 Tarja Salmi-Tolonen 11 Contract design beyond the hype: measuring the value 199 Marie Potel-Saville and Mathilde François Da Rocha PART III DESIGNING BETTER CONTRACTS FOR BUSINESS AND LEGAL PURPOSES 12 Contracts and the human factor – hidden fears and tears or mutual success? 221 Tuula Pere 13 Prevention and promotion approaches to contracting: implications for negotiator focus and contract frames on exchange performance and relationships in the digital age 239 Beverly Rich, Libby Weber and Christopher W Bauman 14 Contract simplification – a user-centered approach to contract structure design 258 Milva Finnegan 15 Simple contracting for every step of collaboration/innovation 275 Deepika Jeyakodi and Mirjam E Ros 16 Business contract design via Contract Management operationalized methodology 294 Suvi Hirvonen-Ere PART IV WHEN TEXT ALONE IS NOT ENOUGH: VISUAL CONTRACTS 17 Facilitative contracts with visuals and comics: access to justice and steps for the future 315 Su-Hsien Lee and Camilla Baasch Andersen 18 Employment agreements in comic book form – what a difference cartoons make … 329 Camilla Baasch Andersen and Robert de Rooy 19 Image analysis as a visualization tool – translating contracts into comics 347 Eliisa Pitkäsalo, Anne Ketola, Vaula Haavisto and Laura Kalliomaa-Puha 20 Interpreting images in contracts 365 Vesa Annola, Helena Haapio and Merja Koskela PART V WHAT DOES THE FUTURE HOLD? DESIGNING FOR HUMANS AND MACHINES 21 Simplification and automation: the chicken and egg of contract design? 383 Verity White 22 Engineering consent: using technology to create informed consumers 401 Eliza Mik 23 Digital technology, future lawyers and the computable contract designer of tomorrow 421 Marcelo Corrales Compagnucci, Mark Fenwick and Helena Haapio Index 445

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Book SynopsisThe Elgar Encyclopedia of Law and Data Science represents a comprehensive mapping of the field. Comprising over 60 entries, it features contributions from eminent global scholars, drawing on expertise from multiple disciplines, including law and data science, economics, computer engineering, physics, biomedical engineering and history, philosophy, neuro-engineering, political science, and geo-informatics.This Encyclopedia brings together jurists, computer scientists, and data analysts to uncover the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability.Comprehensive yet accessible, this Encyclopedia will be an indispensable resource for scholars of law, data science, artificial intelligence and law and technology. It also contains practical implications for a manifold of users: from domain experts to policy makers, from businesses to practitioners.Key Features: The first Encyclopedic coverage of the field of Law and Data Science Over 60 entries Entries organized alphabetically for ease of reference Full analytical index Interrelated multidisciplinary perspectives Unique accessibility for non-experts. Table of ContentsContents: Introduction to the Encyclopedia of Law and Data Science: ‘Directions for Use’ ix Giovanni Comand. 1 Access 1 Giulia Schneider 2 Accountability 7 Giulia Schneider 3 Algorithm 12 Letizia Milli and Giulio Rossetti 4 Algorithmic Discrimination 17 Bettina Berendt 5 Algorithmic Fairness 32 Salvatore Ruggieri 6 Anonymity 36 Dino Pedreschi, Roberto Pellungrini, Francesca Pratesi 7 Anonymous Data 41 Lorenzo Dalla Corte 8 Argument Mining 48 Vern R. Walker 9 Artificial General Intelligence 53 Bettina Berendt 10 Bias [definition] 60 Antonio Davola 11 Children (in the Digital Environment) 64 Denise Amram 12 Clustering (see Data Mining and Clustering) 70 13 Computer Programs 70 Guido Noto La Diega 14 Confidentiality 73 Arianna Rossi, Itzel Vazquez Sandoval, Gabriele Lenzini 15 Consent 81 Cesare Bartolini 16 Copyright 83 Caterina Sganga 17 Cybersecurity (in Distributed Computing Systems) 92 Tommaso Cucinotta 18 Database Protection 98 Caterina Sganga 19 Data Breach 105 Anna Monreale, Roberto Pellungrini, Francesca Pratesi 20 Data Mining and Clustering 110 Athanasios Kiourtis, Argyro Mavrogiorgou, Dimosthenis Kyriazis 21 Data Protection 122 Cesare Bartolini 22 Data Protection Impact Assessment 125 Anna Monreale, Roberto Pellungrini, Francesca Pratesi 23 Data Quality 130 Michela Natilli, Salvatore Rinzivillo, Franco Turini 24 Data Subject 134 Gloria Gonz.lez Fuster 25 Decision-making 139 Gianclaudio Malgieri 26 Discrimination Data Analysis 142 Salvatore Ruggieri 27 Disparate Impact (from Software-Based Decision-Making Systems) 146 Jeanna Neefe Matthews 28 Erasure 150 Cesare Bartolini 29 Ethics 153 Giorgia Pozzi and Juan M. Dur.n 30 Explainability 160 Riccardo Guidotti, Fosca Giannotti, Dino Pedreschi 31 Fairness 168 Giulia Schneider 32 Forgotten (Right to Be) 175 Paul De Hert and Vagelis Papakonstantinou 33 Freedom of Information (Freedom of Expression – Access to Public Data) 181 Matteo Monti 34 Governance (of Personal Data Flows) 186 Denise Amram 35 Healthcare (Data Science in) 192 Martina Finocchiaro, Tommaso Banfi, Matteo Vissani, Alberto Mazzoni, Gastone Ciuti 36 Informed Consent 199 Danielle da Costa Leite Borges 37 Lawfulness and Necessity (of Possible Limitations on the Fundamental Rights to Privacy and to the Protection of Personal Data) in the EU Legal Order 203 Mario Guglielmetti 38 Legitimate Interest 209 Christopher F. Mondschein and Cosimo Monda 39 Liability 215 Andrea Parziale 40 Machine Learning 223 Luca Pappalardo 41 Mobility Data (Knowledge Discovery from) 227 Agnese Bonavita and Giovanni Comand. 42 Necessity (see Lawfulness and Necessity (of Possible Limitations on the Fundamental Rights to Privacy and to the Protection of Personal Data) in the EU Legal Order) 241 43 Open Data and Public Sector Information 241 Lorenzo Dalla Corte and Bastiaan van Loenen 44 Patents 253 Enrico Bonadio and Hannes Sigurgeirsson 45 Personal Data in the EU Legal System 259 Lorenzo Dalla Corte 46 Portability (of Data) 267 Gianclaudio Malgieri 47 Predictive Analytics 271 Mirco Nanni 48 Privacy 275 Carlotta Rigotti and Alessandra Calvi 49 Privacy by Design 281 Marina Sokolova and Stan Matwin 50 Privacy-Preserving Technologies 291 Josep Domingo-Ferrer 51 Profile/Profiling 300 Salvatore Ruggieri 52 Proportionality 305 Giuseppe Martinico 53 Pseudonymization 310 Anna Monreale, Roberto Pellungrini, Francesca Pratesi 54 Public Interest (Scientific Research and the Legal Grounds) 314 Hanne Elsen, Wessel Damen, Audrey Van Scharen 55 Public Sector Information (see Open Data and Public Sector Information) 318 56 Reasonable Safeguards 318 Andr.s Chomczyk Penedo 57 Scoring 323 Frank Pasquale 58 Software (Computer Programs) 326 Guido Noto La Diega 59 Supervisory Authorities (Powers) 329 Roberto Lattanzi 60 Surveillance 341 Juraj Sajfert 61 Trade Secrets and Data-Driven Innovation in the EU 347 Silvia Scalzini 62 Transparency 354 Giulia Schneider 63 Unfairness [definition] 360 Antonio Davola 64 Vulnerability 363 Gianclaudio Malgieri Analytical index 371 Index

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Book SynopsisThis book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users' rights.Key features include: discussion of the fundamental rights implications of increased intermediary responsibility critical appraisal of the current EU system, as laid down in the e-Commerce Directive, and recommendations for reform a detailed examination of US intermediary liability law, namely Section 230 CDA and Section 512(c) DMCA• /li> an overview of key developments in law and in practice in relation to all types of illegal online content, including copyright-infringing content, child sexual abuse material, terrorist content and hate speech analysis of the latest regulatory developments, including the copyright in the DSM Directive, the amended Audiovisual Media Directive and the Terrorist Content Regulation. This incisive book will be a key resource for practitioners and policy makers working on issues relating to intermediary liability and illegal online content. Deploying the relevant case law, legal literature and legislative history of the topic, it will also be of value to students and academics in the field.Trade Review‘Wilman has written a great and overwhelming book that can without doubt be qualified as a landmark in the discussion of liability of providers. The book contains a thoughtful analysis which is clearly structured and brings many debates to a precise point.’ -- Gerald Spindler, Journal of Intellectual Property, Information Technology and Electronic Commerce Law‘One of the many interesting aspects of this book is that the author addresses a broad audience: on the one hand, scholars, but, on the other, policy makers. In fact, the author provides an in-depth comparative analysis of the two most influential liability models in the digital landscape: the European and the American paradigms.’ -- Oreste Pollicino and Federica Paolucci, EU Law Live‘Folkert Wilman invites us to a journey into a virtual world where it is easy to formulate questions, but extremely difficult to answer them. In his analysis he displays remarkable knowledge, coupled with professional experience. . . . His book will definitely contribute to the ongoing discussion not only on both sides of the Atlantic, but in the entire world. It will constitute an extraordinarily valuable point of reference for lawmakers and courts, including, I believe, the Court of Justice.' -- From the Foreword by Maciej Szpunar, First Advocate General at the Court of Justice of the EU‘The Internet offers countless opportunities for exchanging information and expression, but also entails risks of abuse. In dealing with the responsibility of intermediaries for illegal content, this book scrutinises laws on copyright, anti-terrorism, e-commerce and fundamental rights, in the EU and the US, successfully weaving different experiences and developments into a clear and comprehensive analysis. An insightful and thoughtful work, rich in references to case law, legislative history and legal literature. Obligatory reading for anyone working in the field.’ -- Anna Marcoulli, Judge at the General Court of the EUTable of ContentsContents: Preface 1. Introduction Part I: European Union 2. Art. 14 e-Commerce Directive 3. Art. 15 e-Commerce Directive and recent measures Part II: United States 4. Section 230 CDA 5. Section 512 DMCA Part III: Interests, fundamental rights and private speech regulation 6. Interests at stake 7. Fundamental rights 8. Private speech regulation Part IV: Assessment, recommendations and conclusions 9. Assessment 10. Completing the current regime 11. Towards a double-sided duty of care 12. Conclusions Bibliography Index

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Book SynopsisThis comprehensive book provides a detailed survey and practical examination of a wide range of legal and regulatory topics in HealthTech. Combining the insights of leading healthcare experts from around the world, chapters first examine the key characteristics, use cases and regulation in the field, before turning to the development and potential applications of cutting-edge technologies in healthcare. The book also addresses the main issues involved in setting up and running a HealthTech business, highlighting the vital role this will play in developing the technologies and skill sets required for the future of the sector.Key features include: analysis of the impact of emerging innovations on the accessibility, efficiency and quality of healthcare and its effects on healthcare providers examination of artificial intelligence, blockchain and digital identity applications in healthcare, alongside associated regulatory challenges guidance on the financial requirements of healthcare start-ups at different stages of growth and various collaboration and partnership models in the HealthTech market discussion of the major regulatory questions affecting the HealthTech industry, from data protection, public procurement and product liability, to the regulation of medical devices, intellectual property and advertising. HealthTech: Law and Regulation will be an invaluable resource for both in-house lawyers in the healthcare and pharmaceutical sectors, as well as those working for law firms practising in these areas. It will also be of interest to academics and students teaching or researching in healthcare law.Trade Review‘Healthtech: Law and Regulation makes an important contribution in the field of medical technology industry. It will be an invaluable resource for regulators and researchers looking to address the challenges produced by the technological advancement.’ -- Fatima Kanij, Law in Context'The act of providing health-related care is experiencing a technology-enabled consumer revolution that has only compounded in the time of this rarely experienced pandemic. In order to understand and thrive in these changing yet exciting digital times, you need knowledge, a reference, a guide and a plan for excelling. This collection of all-encompassing topics around digital health technology is a must read and can assist in creating a True North for those bold passionate individuals and businesses that will change the world and spark innovation in how we deliver and receive health-related care.' --Samir Batra, BAHA Enterprises, US‘A valuable and timely addition to the literature, this book considers some of the most pressing issues facing those who practise, or are generally interested in, this rapidly developing field of law. Emerging technology offers unprecedented opportunities to transform the way healthcare is delivered, saving time, money and resources while also improving healthcare and wellness outcomes. But new healthtech also raises novel legal and regulatory challenges that we must grapple with if we are to assuage fundamental societal concerns around data privacy and ownership; avoiding designed-in biases; equitable access to healthcare; and how to innovate at pace without compromising end-user safety. Dr. Madir and her respected team of contributors traverse both the UK and international landscape with authority and insight.’ -- Daniel Morris, Bevan Brittan LLP, UK'A valuable and timely addition to the literature, this book considers some of the most pressing issues facing those who practise, or are generally interested in, this rapidly developing field of law. Emerging technology offers unprecedented opportunities to transform the way healthcare is delivered, saving time, money and resources while also improving healthcare and wellness outcomes. But new healthtech also raises novel legal and regulatory challenges that we must grapple with if we are to assuage fundamental societal concerns around data privacy and ownership; avoiding designed-in biases; equitable access to healthcare; and how to innovate at pace without compromising end-user safety. Dr. Madir and her respected team of contributors traverse both the UK and international landscape with authority and insight.' --Daniel Morris, Bevan Brittan LLP, UK'HealthTech provides a comprehensive accounting of the myriad legal issues that might affect health technology in practice, from medical devices to patient care, clinical trials and patient rights. The authors do an exceptional job explaining the future of healthcare for artificial intelligence and telehealth. If you are interested in the technology of healthcare, this book provides an excellent primer on the key issues that might affect your organization.' --Charlotte Tschider, Loyola University School of Law, US‘As data-driven and innovative health technologies will increasingly determine the nature of integrated health services while necessarily demanding transnational cooperation, this book is on the spot: a profound cross-border analysis of key use cases in healthcare technology and regulatory frameworks covering current and future core issues. A must read for all forward-looking minds in the healthcare sector.’ -- Fabian Raddatz, Labor Berlin, Germany‘This is a book which covers a wide range of topics relevant to HealthTech – from AI to data protection and from blockchain to medical devices regulation. It is ambitious in its vision, not shying away from covering areas which are still in a state of change and assessing the opportunities of HealthTech whilst also taking a cool eyed view of challenges such as slow procurement processes and the interoperability with legacy systems, which will meet with recognition by anyone who has spent time working in this sector. Its breadth and up-to-date content will make it a book to be kept at hand by lawyers, academics, investors, strategists, healthcare providers and suppliers alike. The book uses the example of Fintech as a thread running throughout – as a recent disruptor technology in a highly regulated sector this is a very valuable comparator. Lastly, the chapter on emerging markets strikes a particular chord in these times of global pandemic, where the interconnectedness of global healthcare systems has never been more apparent and the value of HealthTech tools (for example in track and trace apps) have shown themselves to be of huge significance in management of disease at a local and global scale.’ -- Louise Fullwood, Pinsent Masons LLP, UKTable of ContentsContents: Preface xvii 1. Using technology to deliver health services 1 Jelena Madir PART I REGULATION AND GOVERNANCE OF HEALTHTECH 2. Data protection, information security and international data transfers: a practical guide through key provisions and compliance tools 24 Tom Chakraborti 3. Healthcare technology regulation in the EU and the UK: from medical devices to intellectual property and advertising 53 Alison Dennis 4. Healthcare technology regulation in the US 80 Matthew DeNoncour 5. Product liability: compliance and safety issues 114 Annabelle Bruyndonckx, Vladimir Murovec and Michael Bulckaert PART II FRONTIER TECHNOLOGIES AND MARKETS 6. Artificial intelligence in healthcare 14 Roland Wiring 7. The role of digital ID in healthcare 167 Emeka Chukwu 8. Blockchain opportunities in healthcare 193 Jelena Madir 9. Technology and healthcare opportunities in emerging markets 218 Jane Thomason and Nichola Cooper PART III HEALTHTECH BUSINESSES 10. Financing healthcare start-ups 246 Stephen Tainsh 11. Collaboration and partnership structures in HealthTech 270 Simonetta Giordano, Frédérique Potin and Sharon Cohen 12. Procurement considerations for the acquisition of HealthTech products 303 Patrick Parkin 13. The impact of the European Medical Device Regulations on the development and use of mHealth apps in Europe 329 Trix Mulder 14. Telemedicine: opportunities and challenges – a US perspective 354 Richard Cheng and Barrett Robin 15. What skills will be required of healthcare professionals in the future? 374 C. Donald Combs Glossary of key terms 398 Index 403

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Book SynopsisCyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.Trade Review'Reed and Murray have, in their own earlier work, separately emphasised the significance of legal theory to the study of Internet law - and, crucially, of Internet law to legal theory. In this thoughtful joint project, they take a fresh look at the development of cyberlaw over the last two decades, unpacking a crowded room of regulatory bodies, national governments, intermediaries, corporations, and users. They emphasise authority and legitimacy, offering a powerful critique of inaccessible rules, and propose a new focus on the reception of legal norms. This new book is both a reflection on the progress made in the field and a provocative contribution to a debate that has proven difficult for lawmakers and communities alike to resolve thus far.' --Daithí Mac Síthigh, Queen's University Belfast, UK'The evolution of cyberspace regulation is creating striking challenges for traditional assumptions of jurisprudence. This innovative and incisive text provides a rich, essential exploration of these challenges and of their immense practical significance for jurisprudence specialists and cyber lawyers alike.' --Roger Cotterrell, Queen Mary University of London, UKTable of ContentsContents: Part I Law and Authority in Cyberspace 1. The Lawmaking Authority of States 2. Non-State Rulemakers 3. Communities, Authority and Rules of Recognition Part II Control, Competition and Conversation 4. Control 5. Normative Competition in Cyberspace 6. Networks and nodes 7. Legitimacy and Authority 8. Maintaining the rule of law in cyberspace Afterword Index

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Book SynopsisThis timely book presents a detailed analysis of the role of law and regulation in the utilisation of Artificial Intelligence (AI) in the media sector. As well as contributing to the wider discussion on law and AI, the book also digs deeper by exploring pressing issues at the intersections of AI, media, and the law. Chapters critically re-examine various rights and responsibilities from the perspectives of incentives for accountable utilisation of AI in the industry.Featuring chapters from leading scholars in the field, Artificial Intelligence and the Media provides a timely and in-depth research-based contribution to complex themes - especially at the interface of new technology (including AI) with media and regulation. Analysing both legislative and ethical solutions, chapters explore what “AI” and “accountability” mean in terms of media practices, principles, and power relations, as well as how to address the AI revolution with informed law and policy in order to incentivise accountable utilisation of AI and to reduce negative societal impacts.Offering ideas for further research in the area, this book is key reading for academics and researchers in the fields of information and media law, regulation, and technology law. It may also interest media law practitioners, with research-based guidance for everyday practices and tools to prepare for future developments in the area.Trade Review‘Artificial Intelligence and the Media is an urgently needed contribution to the research on AI and its impacts. While much of the scholarship so far has been field-specific, what makes this volume especially poignant is its multidisciplinary approach to the questions about the roles AI can play for media industries but also for media consumers and users as citizens, and to democracy as a whole.’ -- Minna Aslama Horowitz, University of Helsinki, Finland and St. John's University, USTable of ContentsContents List of contributors vii Introduction to Artificial Intelligence and the Media 1 Taina Pihlajarinne and Anette Alén-Savikko PART I JOURNALISTIC PRINCIPLES AND ARTIFICIAL INTELLIGENCE 1 Bias, journalistic endeavours, and the risks of artificial intelligence 8 M.R. Leiser 2 Transparency in algorithmic journalism: from ethics to law and back 33 Anette Alén-Savikko 3 The journalistic exemption in personal data processing 61 Päivi Korpisaari PART II TRUST, DISINFORMATION AND PLATFORMS 4 Social media platforms as public trustees: an approach to the disinformation problem 93 Philip M. Napoli and Fabienne Graf 5 Artificial intelligence is not a panacea: policing content on social media platforms, three dilemmas and their ethical and legal implications 123 Jingrong Tong 6 The commercial unfairness of recommender systems on social media 148 Catalina Goanta and Gerasimos Spanakis PART III REMITS AND LIMITS OF EXCLUSIVE RIGHTS 7 Creations caused by humans (or robots)? Artificial intelligence and causation requirements for copyright protection in EU law 172 Ole-Andreas Rognstad 8 Artificial intelligence and intellectual property rights: the quest or plea for artificial intelligence as a legal subject 192 Rosa Maria Ballardini and Robert van den Hoven van Genderen 9 The European copyright system as a suitable incentive for AI-based journalism? 215 Taina Pihlajarinne, Alexander Thesleff, Leo Leppänen and Sini Valmari 10 Press publishers’ right and artificial intelligence 240 Juha Vesala 11 Access to data for training algorithms in machine learning: copyright law and ‘right-stacking’ 272 Inger B. Ørstavik Conclusions on Artificial Intelligence and the Media 296 Taina Pihlajarinne and Anette Alén-Savikko Index 300

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