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Book SynopsisCommunication technologies, such as computers and cell phones, and social-networking sites like My Space enable the rapid creation and dissemination of harassing and pornographic text, pictures, and video. Studies show that whereas adults generally use technology only as a tool, adolescents consider technology, including text messaging and chat rooms, to be an essential part of their social life. Cyberbullying and victimisation begin as early as second grade for some children, and by middle school, students as a group experience or engage in all known forms of cyber abuse and on-line aggression. Online exchange of sexually explicit content typically begins in middle school. This book provides an annotated bibliography, provisions of select federal and state laws, and major cases of internet crimes against children.

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Book Synopsis

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Book Synopsis

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Book SynopsisEvery week brings news of an organisation that has distributed data that shouldn't have been shared, or has lost out to a competitor who is using data to drive business in an innovative way. Data is fundamentally changing the nature of businesses and organisations and the mechanisms for delivering products and services. This book is a practical guide to developing strategy and policy for data governance, in line with the developing ISO 38505 governance of data standards and best practice frameworks. It will assist an organisation wanting to become more of a data driven business by explaining how to assess the value, risks and constraints associated with collecting, using and distributing data.Trade Review"FINALLY, an in-depth global data governance guide that delivers expert best practices to a diversity of stakeholders for modelling strategy, regulatory frameworks and business sustainability." -- Caryn Lusinchi * Founder & CEO of Bias in AI *"Working over several decades with data, it was refreshing to read this book on data governance, which clearly explains evolving ISO standards, while recognizing that data are now very connected and valuable assets. This book, through diverse examples, illustrates the policies and processes needed to protect and exploit data during its lifecycle, from creation/collection to disposal." -- Peter A. Campbell * Independent Business and Information Management Consultant, Founding Member & Director, BeLux chapter of DAMA *“A highly practical journey into the need for demonstrable accountability, meaningful stakeholder engagement, and sound data governance across the whole lifecycle based on internationally recognised and adaptable standards, as a business imperative for better decision making. A must read for any digitally and socially responsible leader who navigates the intended and unintended outcomes of their data, technology, people, and ethics, on their business, customers, and wider society." -- Patricia Shaw * CEO, Beyond Reach Consulting Limited – a tech ethics consultancy *"Data Governance and Data Strategy are two of the hottest topics in data management today. This insightful and wide ranging book, tracing the history of data and its management from Ancient Babylon to Artificial Intelligence, is a must read for all who seek success in their own data journeys." -- Nigel Turner * Principal Consultant, Global Data Strategy Ltd *"The value of data has been well recognized but people may fall into the pitfall of only looking into details and not seeing the big picture. This book provides the guidance of defining a data strategy and its implementation systematically, emphasizing the aspects that are likely to be overlooked, like risks and threats. It is a handbook that is helping me to design the digital platform for my company." -- Tiancheng Liu * Vice President, Easy Visible Supply Chain Management Co., Ltd. *"I found the book’s approach to be refreshing.... It states the importance of governance at the core of managing data, and re-enforces the forgotten responsibility in data management as a discipline that is critical to any organisation." -- Tyson Fawcett * Honorary Associate, University of Technology - Sydney Australia *Table of Contents Data Collection Through the Ages Incentives and Disincentives for Collecting and Sharing Data The Theory Behind Governing Data Governing Data: Dealing with Connectivity Collect Store Decide Report Distribute Dispose

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Book SynopsisSince the role of Data Protection Officer (DPO) was designated under EU GDPR in 2018, the understanding of what the DPO role entails and how DPOs solve problems day-to-day continues to grow. This book provides a practical guide to the DPO role, encompassing the key activities you’ll need to manage to succeed in the role. Coverage includes data protection fundamentals and processes, understanding risk and relevant standards, frameworks and tools, with DPO tips also embedded throughout the book and case studies included to support practice-based learning.Trade ReviewStrikes a good balance between the regulation and the day to day role of the DPO – gives good practical guidance and references, and I think would make an ideal guide for those new into the DPO world. For those already undertaking the role, it helps to refocus, and provides some valuable information on key processes and procedures. -- Andy Searle * Group Data Protection Officer, Howden Group *We are only just entering the age of data. Its power to transform humanity through new sophistication of data processing is unprecedented and unlimited. But with that power comes responsibility, and the role of the data protection officer has become key to risk management, business improvement and indeed, the protection of the values of a democratic society. This practical guide, the first of its kind, offers fresh insight into how a DPO can marshal and hone their skills in the battle for compliance, ethics and business value, in any organisation. -- Jos Creese FBCS FSIM * CEO and Founder Creese Consulting Limited, past president, BCS *This book is the perfect manual for new DPOs to get started in the field, and for more seasoned privacy professionals as a reference guide. This book not only contains the essentials of data protection law, but also guides the reader through the daily activities of a DPO. The authors have done a great job in making a complex issue accessible. -- Paul Breitbarth * Director, EU Policy & Strategy - TrustArc Inc. & Senior Visiting Fellow - European Center on Privacy and Cybersecurity, Maastricht University *Both authors bring a wealth of experience to this ‘manual’ for Data Protection Officers. Written in a clear and helpful style, it’s jam-packed with tips and resources. I particularly liked the softer tips needed for a DPO to succeed, and the two DPO case studies at the end are very useful. It’s refreshing to read a data protection book that is *not* written in legalese. -- Tim Clements FBCS CITP FIP CIPP/E CIPM CIPT CDPSE CRISC CGEIT * Business Owner and Privacy Professional, Purpose and Means, Denmark *Johnssén’s and Edvardsen’s DPO handbook offers a concise mix of privacy law and data protection best practice aimed at the inhouse legal counsels and compliance professionals alike. The authors successfully balance informational writing and quality insights from their experiences as professionals in privacy leadership roles across European established companies and startups. What speaks to me is the many practical tips drawn from a corporate setting of what works and what does not and how successful organizations implement data protection compliance. -- Mathias Strand * Assistant General Counsel, Microsoft Western Europe *Table of Contents Data Protection Fundamentals The Data Protection Officer The Data Protection Processes Understanding Risk Review Your Organisation's Data Protection Practices Standards, Frameworks and Tools DPO Case Studies

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Book SynopsisThis comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile.Trade Review'A tour de force in taking readers through complex IT law issues in clear, easy to understand fashion. From IT contracts to IP and data protection law, this book is bang up to date with the latest changes in one of the most fast moving fields.' -- Susan Singleton * IT Lawyer, Singletons Solicitors *'An engaging book, equally accessible to those from an IT, legal or business background… brings to life by application what might sometimes be dry areas. I learnt from it, and the learning was enjoyable.' -- Professor Angela Devereux * Director of Professional Practice, Hillary Rodham School of Law at Swansea University *'The Swiss Army knife of IT Law, this is like having 13 separate essential guides in one book, each independent but linked to the core topic of IT Law and how to interpret and navigate it, giving you common sense advice and approaches for everyday use. An essential part of anyone’s bookshelf.' -- Peregrine R Perrott * Global Head of Commercial, Compliance and Regulatory, Faria Education Group *'A handy book for CISOs, legal professionals with no technology background, CIOs, and others who need to be aware of the legal, technology, and cybersecurity intersections.' -- Wessam Maher * Chief Information Security and Risk Officer, The American University in Cairo *'This insightful book cuts across the jargon and legalese and presents the essential information needed to gain a basic understanding of IT Law in key areas.' -- Sonal Khimji LLB FIP CIPM CIPP/E * Freelance DPO and Head of Legal, Omnigov Limited *'As a member of a university in-house legal team I know this book will be well-thumbed in no time. The pace of digital change makes practical help of precisely this kind essential to our sanity in a busy generalist in-house practice.' -- Joanna Rainbow * In-house counsel, York University, Toronto *Table of Contents IT Contracts Cloud Computing Cloud Computing Contracts Intellectual Property Law for Computer Users Cyber Security GDPR and Data Protection Data Protection in Practice IT in the workplace - Protecting the employer Avoiding Employment Problems Open Source Software Agile Setting Up Joint Ventures Resolving Disputes

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Book SynopsisEmerging technologies create challenges for traditional regulatory approaches. The contributors to this book - leading scholars in law, innovation, and technology - address the need for new governance methods and models.The unique characteristics of emerging technologies - their diverse applications, the myriad concerns raised by new technologies, the need for public engagement, and the issue of effective coordination between governance players - create the need for new governance approaches. The authors identify innovative new methods of governance, taking into account an environment where changes in technologies can out-pace the corresponding regulatory frameworks.Scholars of technology, science and innovation will find this book to be an enlightening read, as will lawyers, policymakers and think-tanks working within the emerging technologies arena.Contributors: J.W. Abbott, K.W. Abbott, B. Allenby, M. Baram, D.M. Bowman, J. Kuzma, P.H. Lindøe, R.A. Lindor, T.F. Malloy, G.N. Mandel, G.E. Marchant, M. Masterton, L. Paddock, J. Paterson, M.A. Saner, W. WallachTable of ContentsContents: 1. Introduction: The Challenge of Oversight for Emerging Technologies Kenneth W. Abbott PART I: GENERAL APPROACHES 2. The Dynamics of Emerging Technology Systems Braden Allenby 3. Emerging Technology Governance Gregory N. Mandel 4. An Integrated Framework for Governing Emerging Technologies such as Nanotechnology and Synthetic Biology LeRoy Paddock and Molly Masterton 5. The Role of Adaptation in the Governance of Emerging Technologies Marc A. Saner 6. Integrating Technology Assessment into Government Technology Policy Timothy F. Malloy 7. Governing the Governance of Emerging Technologies Gary E. Marchant and Wendell Wallach PART II: SPECIFIC APPLICATIONS 8. The Hare and the Tortoise: An Australian Perspective on Regulating New Technologies and their Products and Processes Diana M. Bowman 9. Properly Paced? Examining the Past and Present Governance of GMOs in the United States Jennifer Kuzma 10. Innovative Governance Schemes for Molecular Diagnostics Rachel A. Lindor and Gary E. Marchant 11. Network Security Agreements: Communications Technology Governance by Other Means Joshua W. Abbott 12. Robust Offshore Risk Regulation – An Assessment of US, UK and Norwegian Approaches Preben H. Lindøe, Michael Baram and John Paterson 13. Conclusion: Emerging Governance for Emergent Technologies Gary E. Marchant Index

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Book SynopsisElectronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance and privacy.With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.Contributors include: A. Bridy, N.R. Cahn, I. Calbol, M.W. Carroll, C.M. Hayes, S.J. Hughes, A. Katz, J.P. Kesan, N.S. Kim, C.L. Kunz, A.R. Levinson, D. Lindsay, C. Markou, S.T. Middlebrook, J. Moringiello, E.A. Morse, J.P. Nehf, C. Riefa, S.E. Rolland, J.A. Rothchild, A.J. Schmitz, D.J. Shakow, S.B. Spencer, H. Travis, M. Trimble, A. Vranaki, S. Walsh, J. WinnTrade Review'Editor John Rothchild, who is himself a well-regarded author in the field of e-commerce, has gathered an impressive assembly of well-known authors for this fine Handbook of essays relating to many specific aspects of the ever-burgeoning global e-commerce revolution. The essays deliver clear information and evaluations regarding intellectual property, contracts, payment systems, dispute resolution, trade agreements, cloud computing, taxation, extraterritoriality/international conflict of laws, consumer protection, regulatory approaches, and much, much more. The Handbook will be of great value for legal and business practitioners, or for anyone else seeking information about how the law has so far dealt with e-commerce, plus expert suggestions for how the law might deal with it in the future.' --Margaret Jane Radin, University of Toronto Faculty of Law, Canada, and University of Michigan Law School'This Research Handbook, by presenting readers with a valuable opportunity to view--through a variety of ''windows''--the complex and multi-faceted regulatory environment for the expanding world of online commercial activities, is a timely addition to the library on the laws of e-commerce.' --Roger Brownsword, King's College London, UKTable of ContentsContents: PART I ENGAGING WITH ONLINE RESOURCES Section A: Online Contracting 1. Wrap contracting and the online environment: Causes and cures Nancy S. Kim Section B: Payments 2. Substitutes for legal tender: Lessons from history for the regulation of virtual currencies Stephen T. Middlebrook and Sarah Jane Hughes 3. Mobile payments and financial inclusion: Kenya, Brazil, and India as case studies Jane K. Winn Section C: Access to Digital Assets 4. Digital assets and fiduciaries Suzanne Brown Walsh, Naomi Cahn and Christina L. Kunz PART II: Disputes Arising from Online Engagement Section D: Intellectual Property: Copyright 5. The economics of book digitization and the Google Books litigation Hannibal Travis 6. Digital exhaustion: North American observations Ariel Katz 7. Safe harbors from intermediary liability and social media Michael W. Carroll 8. Copyright's digital deputies: DMCA-plus enforcement by Internet intermediaries Annemarie Bridy Section E: Intellectual Property: Trademarks 9. Contributory trademark infringement on the Internet: Shouldn’t intermediaries finally know what they need to “know” and “control”? Irene Calboli Section F: Intellectual Property: Patents 10. Patent eligible subject matter after Alice Jay P. Kesan and Carol M. Hayes Section G: Enforcement: Jurisdiction Over Online Disputes 11. Extraterritorial enforcement of national laws in connection with online commercial activity Marketa Trimble Section H: Enforcement: Secured Financing 12. Electronic issues in secured financing Juliet M. Moringiello Section I: Enforcement: Alternative Dispute Resolution 13. Building trust in ecommerce through online dispute resolution Amy J. Schmitz Section J: Social Media and the Workplace 14. Social media and the National Labor Relations Board Ariana R. Levinson PART III REGULATORY OVERSIGHT OF ONLINE CONDUCT Section K: Consumer Protection 15. Consumer protection issues in cross-border ecommerce Sonia E. Rolland 16. App-solutely protected? The protection of consumers using mobile apps in the European Union Christiana N. Markou and Christine Riefa Section L: Network Neutrality 17. Understanding network neutrality John A. Rothchild Section M: Regulated Industries Online 18. Regulation of online gambling Edward A. Morse Section N: Privacy 19. Protecting privacy with “heightened” notice and choice James P. Nehf 20. Predictive analytics, consumer privacy, and ecommerce regulation Shaun B. Spencer 21. Cloud investigations by European data protection authorities: An empirical account Asma A.I. Vranaki Section O: Domain Names Domain name governance: “Scheherazade on steroids” David F. Lindsay Section P: Taxation of Online Transactions 23. The taxation of cloud computing and digital content David J. Shakow Index

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Book SynopsisIntellectual property goods are frequently referred to as intangible or abstract. Yet, traditionally, they have almost always needed to be embodied or materialized in order to be protected (and - to a certain extent - to be used and enjoyed), regardless of whether they are copyrighted works, patented inventions or trademarks. With a focus on the issue of access and the challenges of new technologies such as biotechnology and digital technologies, this unique collection analyzes the relationship between intellectual property and its physical embodiments. It contains a mixture of theoretical and practical perspectives and encompasses an interdisciplinary approach, including chapters on the connection between intellectual property and cultural heritage law, cultural property law and international trade law. The book furthermore comprises historical reflections that illuminate how intellectual property has never been purely about the intangible.Intellectual Property and Access to Im/material Goods will be of interest to scholars, practitioners and law and policymakers. Users of intellectual property goods such as museums, libraries, archives and/or other cultural institutions, as well as users of biomaterials, copyrighted works, patented inventions and/or trademarked goods will find value in this book.Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. YuTrade Review'The lines dividing abstract objects, material objects, information and their relationship to digital processes have always been difficult to draw in the context of intellectual property law. This volume is the first to take on this difficult topic in a comprehensive way. It shows the depth of the difficulties, but also provides a theoretical foundation for new approaches to these divides. It is an original and important contribution.' --Peter Drahos, Australian National University'This collection of essays ought to be commended for the comprehensive approach it takes by engaging with a widely known, yet less widely understood, problematic aspect of IP: the requirement of materiality and its limiting effect on access to intellectual creations. While such limiting effect on the digital environment is seen, experienced and discussed in diverse elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties surrounding access to immaterial goods. The volume adopts an effective approach to fully educating the reader about the problem of access, while advancing fresh theoretical approaches.' --Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword Alain Pottage Introduction: The Relationship Between Intellectual Property and its Physical Embodiments Jessica C. Lai and Antoinette Maget Dominicé PART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE 1. Understanding Access to Things: A Knowledge Commons Perspective Michael J. Madison 2. Copyright and the New Materialism Dan L. Burk PART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES 3. The Copy in Copyright Peter K. Yu 4. A Tale of Two Histories: The “Invention” and its Incentive Theory Jessica C. Lai 5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”? Jessica C. Lai PART III PRACTICAL CONSIDERATIONS 6. Digital Lending and Public Access to Knowledge Giorgio Spedicato 7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private Divide Aisling Mcmahon 8. Tangible Meets Intangible: International Trade in Intellectual Property Susy Frankel PART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE 9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural Expressions Michael Blakeney 10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal Traditions Catherine E. Bell, Jessica C. Lai and Laura K. Skorodenski 11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage Institutions Susan Corbett Index

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Book SynopsisCommitted to highlighting the regulatory needs and priorities of emerging economies in the context of AI and big data, this expertly crafted Companion explores the nature and role of regulation in the Global South from a techno-dependent societal perspective. It not only amplifies the unspoken and underrepresented voices in AI and data regulation scholarly discourse, but also provides a novel approach to otherwise recipient economies in an age of digital transformation.Covering central themes such as regulatory flows, self-regulation and AI ethics, contextual regulation, and regulatory devices, the Companion brings together an array of eminent academics from across the globe. Chapters critically reflect on the nature and role of regulation, charting the tapestry of regulatory influence and capacity, values, and relationships of dependence and vulnerability attendant on advancing AI and mass data sharing. The regulatory challenges facing emerging economies and post-colonial societies are examined, and contributors engage new frames of thinking and solutions from perspectives beyond the interests of techno-colonialism.International and interdisciplinary in scope, this Companion will be an interesting read for academics and students in development studies, law and development, innovation and technology studies, and regulation and governance.Table of ContentsContents : Introduction to the Elgar Companion to Regulating AI and Big Data in Emergent Economies 1 Mark Findlay, Li Min Ong and Wenxi Zhang PART I EDITORS’ REFLECTIONS: REGULATORY FLOWS 1 The ongoing AI-regulation debate in the EU and its influence on the emergent economies – a new case for the ‘Brussels Effect’? 22 Shu Li, Béatrice Schütte and Suvi Sankari 2 Challenges and opportunities of ethical AI and digital technology use in emerging economies 42 Meera Sarma, Chaminda Senaratne and Thomas Matheus 3 Private-public data governance in Indonesia’s smart cities: promises and pitfalls 59 Berenika Drazewska PART II EDITORS’ REFLECTIONS: SELF-REGULATION AND AI ETHICS 4 The challenges of industry self-regulation of AI in emerging economies: implications of the case of Russia for public policy and institutional development 81 Gleb Papyshev and Masaru Yarime 5 The place of the African relational and moral theory of Ubuntu in the global artificial intelligence and big data discussion: critical reflections 99 Beatrice Okyere-Manu 6 The values of an AI ethical framework for a developing nation: considerations for Malaysia 115 Jaspal Kaur Sadhu Singh PART III EDITORS’ REFLECTIONS: CONTEXTUAL REGULATION 7 The relevance of culture in regulating AI and big data: the experience of the Macao SAR 138 Sara Migliorini and Rostam J. Neuwirth 8 Digital self-determination: an alternative paradigm for emerging economies 158 Wenxi Zhang, Li Min Ong and Mark Findlay PART IV EDITORS’ REFLECTIONS: REGULATORY DEVICES 9 Regulating AI in democratic erosion: context, imaginaries and voices in the Brazilian debate 183 Clara Iglesias Keller and João Carlos Magalhães 10 The importance and challenges of developing a regulatory agenda for AI in Latin America 201 Armando Guio Español, María Antonia Carvajal, Elena Tamayo Uribe and María Isabel Mejía 11 Artificial intelligence: dependency, coloniality and technological subordination in Brazil 228 Joyce Souza and Rodolfo Avelino Conclusion: reflecting on the ‘new’ North/South 245 Mark Findlay, Li Min Ong and Wenxi Zhang Index 259

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Book SynopsisSocial media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social media. The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media. This timely study of a complex and ever-changing area of law will be of interest to legal scholars, students and practitioners and will provide a valuable source of reference for those studying or researching media and journalism.Contributors include: R.D. Barnes, E. Garnier, L.E. Gillies, E. Harbinja, E.B. Laidlaw, D. Mac Síthigh, D. Mangan, A. Mills, A.D. Murray, J. Rowbottom, A. Scott, I. Walden, L. Woods, P. WraggTrade Review'In the early years of the World Wide Web, legal scholars predicted that much of the conventional wisdom on information policy would be challenged by full, democratic access to mass distribution and publication. This terrific collection of essays breathes new life into the middle-aged problems of ''cheap speech''. Each contribution elegantly serves up big, foundational problems in the law through focused examination of specific topics, such as how social media has driven up the use of harassment laws and contempt of court orders, or how private intermediaries decide what a ''joke'' is. This collection will be both educational and a sheer joy to read for anybody with a serious or casual interest in communications law.' --Jane Bambauer, University of Arizona, US'After the legal challenges caused by the internet in general, the interactive web 2.0 added another dimension of legal complexity with social media as the most prominent exponent. This book brings together the best experts, and offers sharp analyses from the angle of the rule of law, contempt of court, press regulation, freedom of expression, working places, complaints, liability and human rights. The book cuts across legal disciplines and explores new paths, making it a valuable addition to the field of internet law.' --Arno R. Lodder, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Foreword Sir Edward Garnier QC 1. Introduction David Mangan and Lorna E. Gillies A. Social media and the law 2. Mapping the rule of law for the internet Andrew D. Murray B Public order in a virtual space 3. Crime and communication: do legal controls leave enough space for freedom of expression Jacob Rowbottom 4. Press regulation in a converging environment Ian Walden 5. Contempt of court and new media Daithí Mac Síthigh 6. Social media: it is not just about Article 10 Lorna Woods C Private law responses to social media 7. What is a joke? Mapping the path of a speech complaint on social networks Emily B. Laidlaw 8. Social media, sporting figures and the regulation of morality Robin D. Barnes and Paul Wragg 9. Post-mortem social media: law and Facebook after death Edina Harbinja 10. Social media in the workplace David Mangan 11. An unwholesome layer cake: intermediary liability in English defamation and data protection law Andrew Scott D Cross border regulation of virtual space 12. Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media Lorna E. Gillies 13. Choice of law in defamation and the regulation of free speech on social media: nineteenth century law meets twenty-first century problems Alex Mills Index

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Book SynopsisDo conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure - one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.'- Julie E. Cohen, Georgetown University, US'Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as 'must read' though few actually are; this one genuinely is.'- Andrew Murray, London School of Economics, UKThis timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity.Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called 'data-driven agency' threaten privacy, identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Nevertheless, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the Rule of Law.Academics and researchers interested in the philosophy of law and technology will find this book both discerning and relevant. Practitioners and policy makers in the areas of law, computer science and engineering will benefit from the insight into smart technologies and their impact today.Trade Review‘Hildebrandt’s book is thought-provoking and a needed contribution to discussions of the impacts of smart technologies.’ -- Beth-Anne Schuelke-Leech, Science and Public Policy‘In this challenging book, Mireille Hildebrandt again shows just how far she thinks ahead of the curve. Exploring the implications of the technological changes that are impelling humans towards an “onlife” world – a world of data-driven agency, the Internet of Things, and a radically different information and communication infrastructure –Hildebrandt asks how law can maintain its mission for justice, certainty and purposiveness. Having joined Hildebrandt in this new world, readers will find it difficult to put the book down.’ -- Roger Brownsword, Kings College London, UK‘In sum, the depth and precision with which Hildebrandt provides her insights is uncommon and striking, making this book (as law professor Andrew Murray remarks in his rear-cover endorsement) one of the few “must reads” within the field. Its content is provocative and challenging, having an appeal that is sure to reach far beyond the field of legal scholarship to accompanying disciplines of computing, science and philosophy from which the book draws. Likewise, it is clear that Hildebrandt benefits from working between the disciplines of law and computer science, with her experience in computer science departments evident in the way in which she sensitively translates between, and explores, the separate logics of law and technology.’ -- SCRIPT-ed‘Do conceptions of the Rule of Law reflect timeless truths, or are they in fact contingent on a particular information and communications infrastructure – one that we are fast leaving behind? Hildebrandt has engineered a provocative encounter between law and networked digital technologies that cuts to the heart of the dilemma confronting legal institutions in a networked world.’ -- Julie E. Cohen, Georgetown University, US‘Many contemporary authors are wrestling with two technological developments which will change our society beyond recognition: big data analytics and smart technologies. Few though understand, or can explain, these developments in the way Mireille Hildebrandt does. In ambitiously bringing together legal theory, psychology, social ethnology and of course smart agency and ambient intelligence, Hildebrandt gives the most complete study of these vitally important developments. Books are often described as “must read” though few actually are; this one genuinely is.’ -- Andrew Murray, London School of Economics, UK‘Mireille Hildebrandt’s deep perception of how law is embedded in a print culture, now combined with her conviction that transformations are called for in relation to the emerging digital-electronic culture underlies this innovative book. Both a philosopher and lawyer, she is a forefront thinker concerned with smart and robotic technologies. Her addition of how Japanese language and culture shows such an interesting variant on these technologies is a strong plus. Excellent reading.’ -- Don Ihde, Stony Brook University, US‘Hildebrandt’s book is thought-provoking and a needed contribution to discussions of the impacts of smart technologies. It would certainly be useful for a university course in law or courses specifically focused on smart and autonomous systems.’ -- Science and Public PolicyTable of ContentsContents: 1. Introduction: Diana’s onlife world 2. Smartness and Agency 3. The Onlife World 4. The Digital Unconscious: Back to Diana 5. Threats to Fundamental Rights in the Onlife World 6. The Other Side of Privacy: Agency and Privacy in Japan 7. The Ends of Law: Address and Redress 8. Intricate Entanglements of Law and Technology 9. The Fundamental Right of Data Protection 10. The End of Law or Legal Protection by Design References Index

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Book SynopsisCountries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.Trade Review'Data localization is not just a short-term phenomenon, but reflects a profound unease with increasing globalization, and a lack of certainty as to whether we want national borders carried over onto the online space. This book helps illuminate the choices that we face as a society in deciding where we want those boundaries to be set.' --Dr Christopher Kuner, Co-Director, Brussels Privacy Hub, VUB Brussel and Editor-in-chief, International Data Privacy Law'[D]isplaying great originality and rigour, (this book) makes the case that location-based personal data protection should have that ''Frankenrule'' replaced by regulation based on enforcement of security and encryption standards. With an interdisciplinary focus on law, computer security and industrial organisation (in technological and business value chains of data processing), this approach is to be recommended to legal scholars of the Internet.' --Dr Chris Marsden, Professor of Media Law, University of Sussex, UK'It should be read by every data protection supervisory authority and law-maker in Europe.' --Rosemary Jay, Author, Data Protection Law and PracticeTable of ContentsContents: Foreword by Rosemary Jay Foreword by Christopher Kuner 1. Background 2. Legislative history and objectives 3. The ‘transfer’ concept 4. Assumptions 5. Mechanisms and derogations 6. Compliance and enforcement 7. Access and security 8. Summary and recommendations Index

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Book SynopsisUsing a multi-disciplinary and comparative approach, this study examines emerging and innovative attempts to tackle privacy and legal issues in cloud computing such as personal data privacy, security and intellectual property protection.An international team of legal scholars, computer science researchers, regulators and practitioners present original and critical responses to the growing challenges posed by cloud computing. They analyze the specific legal implications pertaining to jurisdiction, biomedical practice and information ownership, as well as issues of regulatory control, competition and cross-border regulation.Law academics, practitioners and regulators will find this book to be a valuable, practical and accessible resource, as will computer science scholars interested in cloud computing issues.Contributors: H. Chang, A.S.Y. Cheung, A. Chiu, K.P. Chow, E.S. Dove, X. Fan, Y. Joly, T.S.-H. Kaan, B.M. Knoppers, J. Kong, G. Master, J.-P. Moiny, C. Reed, D.N. Staiger, G.Y. Tian, R.H. Weber, P.K. YuTrade Review'Experts from various countries have managed to create a handbook on the legal aspects of cloud computing, including problems of intellectual property laws, contractual issues, privacy and private international law. In addition, the book deals with the highly sensitive and controversial problems of biomedical and health data stored in and transferred via cloud systems. The chapters are comprehensive and written with a masterful hand by lawyers who are known throughout the world as leading information law experts.' --Thomas Hoeren, University of Muenster, Germany'Cloud computing provides the foundation for the myriad of network services that millions of Internet users rely upon every day. The cloud offers economic benefits to providers and convenience to users, but it also generates challenging new privacy and legal concerns that until now have been largely under-explored. Anne Cheung and Rolf Weber's exceptional book on cloud computing issues fills an important void, featuring a comprehensive, timely and engaging collection of works assessing the cloud from many legal perspectives. From privacy to copyright to jurisdiction, the book is a must-read for anyone exploring the intersection of law and cutting-edge technologies.' --Michael A. Geist, University of Ottawa, CanadaTable of ContentsContents: Preface Introduction: A Walk in the Clouds Anne S.Y. Cheung and Rolf H. Weber 1. Introduction to Cloud Computing and Security Issues Joe Kong, Xiaoxi Fan and K.P. Chow 2. Data Protection Regulation and Cloud Computing Henry Chang 3. Legal Safeguards for Cloud Computing Rolf H. Weber 4. Re-personalizing Personal Data in the Cloud Anne S.Y. Cheung 5. Cross-border Data Flow in the Cloud Between the EU and the US Dominic N. Staiger 6. Cloud and Jurisdiction: Mind the Borders Jean-Philippe Moiny 7. Information in the Cloud: Ownership, Control and Accountability Chris Reed 8. Cloud Computing and Copyright George Yijun Tian 9. Towards the Seamless Global Distribution of Cloud Content Peter K. Yu 10. Lost in Translation: Transforming Healthcare Information for the Digital and Cloud Domains Terry Sheung-Hung Kaan 11. International Genomic Cloud Computing: ‘Mining’ the Terms of Service Edward S. Dove, Yann Joly and Bartha M. Knoppers 12. Practical Aspects of Licensing in the Cloud Alan Chiu and Geofrey Master Index

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Book SynopsisThis book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines. This book is a valuable resource for scholars and practitioners of legal doctrine, ethics and autonomous technologies, as well as legislators and policy makers, and engineers and designers who are interested in the broader implications of their work.Table of ContentsContents: Preface PART I THE RISE OF AUTONOMOUS TECHNOLOGIES AND CURRENT LAW 1. The emerging challenge 2. Existing law and other forms of governance PART II INDIVIDUAL AND GROUP RESPONSIBILITY 3. Individual responsibility 4. The legal and moral responsibility of groups PART III REIMAGINING RESPONSIBILITY AND THE RESPONSIBLE AGENT 5. Reframing responsibility 6. Altering the responsible agent PART IV ETHICAL AI 7. Law-abiding machines and systems 8. Moral machines and systems 9. Machines and systems as legal and moral subjects PART V CONCLUSIONS 10. Trigger events Index

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Book SynopsisThe field of artificial intelligence has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as 'speech', the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society. To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be 'content' to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques. This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of 'law and AI' will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems.Contributors include: W. Barfield, S. Bayern, S.J. Blodgett-Ford, R.G.A. Bone, T. Burri, A. Chin, J.A. Cubert, M. de Cock Buning, S. De Conca, S-.A. Elvy, A. Ezrachi, R. Leenes, Y. Lev-Aretz, A.R. Lodder, R.P. Loui, T.M. Massaro, L.T. McCarty, J.O. McGinnis, F. Moslein, H. Norton, N. Packin, U. Pagallo, S. Quattrocolo, W. Samore, F. Shimpo, M.E. Stucke, R. van den Hoven van Genderen, L. Vertinsky, A. von Ungern-Sternberg, J.F. Weaver, Y-.H. Weng, I. WildhaberTable of ContentsContents: Forward: Curtis E. A. Karnow Part I Introduction to Law and Artificial Intelligence 1. Towards a Law of Artificial Intelligence Woodrow Barfield 2. Accelerating AI John O. McGinnis 3. Finding the Right Balance in Artificial Intelligence and Law L. Thorne McCarty 4. Learning Algorithms and Discrimination Nizan Packin and Yafit Lev-Aretz 5. The Principal Japanese AI and Robot Strategy and Research Toward Establishing Basic Principles Fumio Shimpo Part II Regulation of Artificial Intelligence 6. Artificial Intelligence and Private Law Shawn Bayern 7. Regulation of Artificial Intelligence John Frank Weaver 8. Legal Personhood in the Age of Artificially Intelligent Robots Robert van den Hoven van Genderen 9. Autonomous Driving: Regulatory Challenges Raised by Artificial Decision-Making and Tragic Choices Antje von Ungern-Sternberg Part III Fundamental Rights and Constitutional Law Issues 10. Artificial Intelligence and Privacy- AI Enters the House Through the Cloud Ronald Leenes and Silvia De Conca 11. Future Privacy: A Real Right to Privacy for Artificial Intelligence S. J. Blodgett-Ford 12. Artificial Intelligence and the First Amendment Toni M. Massaro and Helen Norton 13. Data Algorithms and Privacy in Surveillance: On Stages, Numbers, and the Human Factor Arno R. Lodder and Ronald P. Loui 14. The Impact of AI on Criminal Law, and its Twofold Procedures Ugo Pagallo and Serena Quattrocolo Patrt IV Intellectual Property 15. The Law of Artificial Intelligence Intellectual Property Jeremy A. Cubert and Richard G. A. Bone 16. Kinematically Abstract Claims in Surgical Robotics Patents Andrew Chin 17. Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious? William Samore 18. Thinking Machines and Patent Law Liza Vertinsky 19. Artificial Intelligence and the Creative Industry: New Challenges for the EU Paradigm for Art and Technology by Autonomous Creation Madeleine de Cock Buning Part V Applications of Artificial Intelligence 20. Free Movement of Algorithms: Artificially Intelligent Persons Conquer the European Union’s Internal Market Thomas Burri 21. The Artificially Intelligent Internet of Things and Article 2 of the Uniform Commercial Code Stacy-Ann Elvy 22. Artificial Intelligence and Robotics, the Workplace, and Workplace-Related Law Isabelle Wildhaber 23. Robotics Law 1.0: On Social System Design for Artificial Intelligence Yueh-Hsuan Weng 24. Antitrust, Algorithmic Pricing and Tacit Collusion Maurice E. Stucke and Ariel Ezrachi 25. Robots in the Boardroom: Artificial Intelligence and Corporate Law Florian Möslein Index

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Book SynopsisThis timely book addresses the increasingly widespread issue of online political hatred in Europe. Taking an interdisciplinary approach, it examines both the contributions of new technologies, in particular social networks, to the rise of this phenomenon, and the legal and political contexts in which it is taking place. Through an analysis of online hate speech and its impacts, Giovanni Ziccardi characterizes contemporary political hatred in Europe, highlighting its victims, communication strategies, and the creation of a cross-national network of extremists enabled by technology. He compares legal and political responses to the problem at both national and EU levels, as well as the approach taken by the US, in order to examine the effectiveness of current measures. Finally, he evaluates possible remedies for the situation, including both legal and technological solutions, and outlines the potential for a unified European framework to counter the spread of hatred online. Online Political Hate Speech in Europe will be an essential read for scholars and students in law and politics looking for an in-depth analysis of this issue. It will also be useful for politicians, policy makers, and practitioners seeking to understand the mechanisms underlying the circulation of political hatred. Trade Review'With this book, Giovanni Ziccardi confirms his leading position in the field of law and technology. Only a few scholars can claim, at the same time, his legal and technological understanding of the challenges related to online political hate speech. A must-read: it will finally make clear why the European constitutional scenario needs specific legal responses, in order to avoid, or at least mitigate, the risk of the rise of new extremisms on the Internet.' --Oreste Pollicino, Bocconi University, ItalyTable of ContentsContents: Introduction: the rise of political hate speech online PART I Political hate speech in Europe 1. The nature, and a first definition, of political hate speech 2. Political hate speech between Europe and USA 3. Hate speech: the role and responsibilities of political leaders according to the Council of Europe PART II Political hate speech online 4. Political hate speech and the new framework of digital networks 5. The typical contents of political hate speech online 6. An overview of European online political hate 7. Politics online and the use of hate speech 8. The instant communication of political hate speech 9. Political hate speech and the use of big data 10. The distortion of the democratic balance 11. Contrasting political hate speech online Conclusions: the future of political hate speech online Index

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Book SynopsisAutonomous vehicles have attracted a great deal of attention in the media, however there are some inconsistencies between the perception of autonomous vehicles’ capabilities and their actual functions. This book provides an accessible explanation of how autonomous vehicles function, suggesting appropriate regulatory responses to the existing and emerging technology.Hannah YeeFen Lim explores the current capabilities of autonomous vehicles and importantly, highlights their inherent limitations. Lim provides a concise and easy to follow overview of the technology behind autonomous vehicles which encompasses hardware and software aspects, including machine learning algorithms. Having laid the technical foundation, the following chapters assess the current legal standards in negligence law that are applicable to autonomous vehicles taking the current technical limitations of the vehicles into account. Lim concludes by exploring the ethical issues associated with autonomous vehicles and proposes appropriate regulatory approaches. This book will be of great value to policy makers seeking a deeper understanding of the technology behind autonomous vehicles in order to inform and guide the development of laws and regulations. Legal practitioners will benefit from the discussion of recent use cases and applicable negligence law. Legal scholars researching artificial intelligence will also find the author’s easy to understand technical explanations and discourse on ethical considerations invaluable.Trade Review'Professor Lim's expertise in both law and computer science is evident in this clear and crisp assessment of liability issues surrounding Automated Vehicles (AV's). She demystifies the science and technology underlying this phenomenon that has captured the public imagination and left law and policy-makers scrambling. Transcending the hype around AVs, Professor Lim's thoughtful and tech-savvy application of negligence principles provides an essential framework through which the risks and benefits of AV technology can be more cogently assessed and addressed.' --Teresa Scassa, University of Ottawa, Canada'Self-driving cars are the vanguard of AI-based autonomous systems, machines which are about to transform our world. This book is a wonderful introduction and resource, both to the technology and the legal questions that we are facing. The author provides a clear how-to guide to regulating systems that are hard-to-understand but which, within a few years, will be piloting large pieces of metal at speed down roads that we used to have to ourselves. Recommended for anyone who thinks about what the future should look like.' --Dan Hunter, Swinburne Law School, AustraliaTable of ContentsContents 1. Introduction 2. How autonomous vehicles function 3. Verifiable Standards of Care 4. Software: Difficult to verify standards of care 5. The road less travelled for regulators 6. Ethical responsibilities and autonomous vehicles 7. For a smoother ride … 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 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 SynopsisThis groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms. Offering both theoretical and practical insights, contributions illustrate the disruptive nature of the data-driven economy. Chapters discuss how products and services are digitalised and broken into bits, that in turn are reassembled, traded and used across sectors and borders, in contrast to how algorithms are already used to influence our choices, govern our news feeds and revolutionise business models at large. Having shown algorithms and big data to be the two fundamental driving forces of the new information society, expert authors explore which policy options, institutional frameworks and values should be adopted by lawmakers and regulatory authorities in order to ensure a fair balance between private interests such as competition, innovation and the fundamental rights of individuals. Innovatively combining both public and private law perspectives, this unique book will provide a valuable resource for scholars and students of information and technology law, media law, privacy, regulatory and human rights law. Its attention to the latest developments will also prove essential for policymakers and practitioners working in related areas.Table of ContentsContents: Introduction – Joe Cannataci, Valeria Falce, Oreste Pollicino 1. Big Data and Big Database between Privacy and Competition Sofia Oliveira Pais 2. Competition Challenges of Big Data: Algorithmic Collusion, Personalised Pricing and Privacy Antonio Capobianco and Pedro Gonzaga 3. Antitrust Enforcement and Privacy Standards Renato Nazzini 4. Mergers, Data Markets and Competition Damiano Canapa 5. Platforms Role and Intermediary Responsibility Vicente Bagnoli 6. Global Big Data and Consumer Law Mateja Durovic and Franciszek Lech 7. Data as an Input in Competition Law Cases – Standards, Difficulties and Biases in EU Merger Control Rupprecht Podzsun and Sarah Langenstein 8. Breaking Down Information Silos with Big Data: A Legal Analysis of Data Sharing Giovanni De Gregorio and Sofia Ranchordas 9. The Relationship between Freedom of Expression and Big Data Oleg Soldatov 10. Lawless Social Networks and Big Data as Safe Net for Children Shulamit Almog and Liat Franco 11. Artificial Intelligence in the Big Data era: Risks and Opportunities Francesca Lagioia and Giovanni Sartor 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 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 incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.Trade Review‘Competition law and policy have a greater prominence today than at any time since the emergence of “antitrust” in the US at the turn of the nineteenth century. This volume of fascinating chapters enhances our understanding of the numerous and diverse challenges for all of us involved in this crucial part of our political economy.’ -- Richard Whish, King’s College London, UKTable of ContentsContents: Foreword xi Olivier Guersent Preface xiv List of abbreviations xv Introduction to the Research Handbook on the Law and Economics of Competition Enforcement 1 Ionnis Kokkoris 1 Data collaboratives, competition law and the governance of EU data spaces 8 Nicolo Zingales 2 Price fixing: public and private enforcement 50 Daniel L. Rubinfeld 3 Pricing algorithms: the risk of collusion and personalised pricing 64 Antonio Gomes and Pedro Gonzaga 4 Competition enforcement: is the abuse toolbox adequate? 76 Maurits Dolmans, Henry Mostyn and Patrick F. Todd 5 Market power and big data: mapping the role of data under Article 102 TFEU 122 Massimiliano Kadar and Luca Manigrassi 6 Data-related competition concerns in a digital era: key challenges for economic assessment 150 Yan Yu, Chris Whelan and Jack Mays 7 Power imbalances in online marketplaces: at the crossroads of competition law and regulation 170 Despoina Mantzari 8 Normative goals in merger control: why merger control should not attempt to achieve “better” outcomes than competition 193 Stefan Thomas 9 Addressing national security concerns in the merger context 217 Kyriakos Fountoukakos, Veronica Roberts and Ruth Allen 10 Common ownership and merger control enforcement 243 José Azar and Anna Tzanaki 11 The economics of merger control in a dynamic world: a focus on the relevant counterfactual 280 Matthew Johnson and Ilaria Fanton 12 Killer acquisitions? Evidence and potential theories of harm 300 Pierre Régibeau 13 The boundaries of public interest in merger control: taking into account non-competition issues including industrial policy and environmental protection 324 Antonio Capobianco and Gaetano Lapenta 14 Perspectives on digital regulation 347 Liza Gormsen 15 Digital agoraphobia: exploitative abuses in digital markets 369 Maria Ioannidou 16 Antitrust enforcement in the digital markets: the forgotten role of the courts 390 Claudia Lemus 17 Is consumer welfare still fit for purpose in the EU competition regime? 410 Ioannis Kokkoris and Athanassios Skourtis 18 Competition enforcement and sustainability: the odd couple 448 Cristina Volpin Conclusions 472 Ioannis Kokkoris Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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. Woodrow Barfield and Ugo Pagallo present a succinct introduction to the legal issues related to the design and use of artificial intelligence (AI). Exploring human rights, constitutional law, data protection, criminal law, tort law, and intellectual property law, they consider the laws of a number of jurisdictions including the US, the European Union, Japan, and China, making reference to case law and statutes. Key features include: a critical insight into human rights and constitutional law issues which may be affected by the use of AI discussion of the concept of legal personhood and how the law might respond as AI evolves in intelligence an introduction to current laws and statutes which apply to AI and an identification of the areas where future challenges to the law may arise. This Advanced Introduction is ideal for law and social science students with an interest in how the law applies to AI. It also provides a useful entry point for legal practitioners seeking an understanding of this emerging field.Trade Review‘Barfield and Pagallo’s book offers a great overview on the most discussed and practically relevant legal discussions about AI. The authors portray the currently applicable laws and the relevant decisions comprehensibly for law students and non-lawyers. The references throughout the book as well as a list of additional topics will assist readers who would like to expand their knowledge. They present an overview and offer law students several carefully chosen gateways through which readers may explore the vast and steadily growing literature in the field. If you are looking for a concise book on the manifold issues of artificial intelligence and law, Barfield and Pagallo’s Advanced Introduction to Law and Artificial Intelligence is a great starting point.’ -- Carolin Kemper, Prometheus‘Edward Elgar has hit the nail on the head by choosing this particular topic to publish in its Edward Elgar Advanced Introduction Series. It is a much need book at this time when the hype about Artificial Intelligence (AI) is at a crescendo level.’ -- Sally Ramage, Criminal Lawyer‘This book provides an authoritative introduction into the specific legal topics covered, and a springboard into further research, and will prove a useful resource for its intended audience.’ -- Stephanie Falconer, Law in Context'A much needed comprehensive and up-to-date introduction to the law of AI, a must read for all ICT lawyers!' --Giovanni Sartor, University of Bologna and European University Institute, ItalyTable of ContentsContents: Introduction to Law and Artificial Intelligence 1. Definitions, Actors, Concepts 2. Human Rights Considerations 3. Constitutional Law Issues 4. Legal Personality and Artificial Intelligence 5. Issues of Data Protection 6. Tort Law Approaches 7. Criminal Law 8. Copyright Law 9. Patent Law 10. Business Law, Antitrust, and Trade Secrets 11. Looking Ahead: Towards a Law of Artificial Intelligence Index

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Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index

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Book SynopsisThis timely book provides an extensive overview and analysis of the law and regulation as it applies to the technology and uses of Artificial Intelligence (AI). It examines the human and ethical concerns associated with the technology, the history of AI and AI in commercial contexts.Written by outstanding lawyers, technologists and other professionals, this book will help readers acquire an understanding of the taxonomy of AI, the legal rules that apply to AI and the way AI has been utilised in various commercial contexts.Key features include: explanation of the technology and practical legal issues relating to the use of AI exploration of AI in the traditional legal categories; including contract and tort law chapters written by procurement, legaltech, algorithm auditing and other professionals use cases from the main industries utilising the technology, such as financial services, real estate and insurance. Artificial Intelligence will help to further readers’ engagement with AI and enable them to ask themselves the right questions while doing so. It will prove a crucial reference point for all lawyers, policy makers and academics with an interest in the interaction between law and AI, and to any lawyer with clients that use or consider using AI in their business.Trade Review‘A fantastic legal and practical guide – the lawyer and layperson will find this a great insight into this important topic.’ -- Susan Draper, Global Growth Capital‘Charles Kerrigan’s book is an extremely interesting and accessible guide on a subject growing in importance every day. This book demonstrates clearly how AI is a subject matter where law and regulation is as important as the tech itself, and gives some examples of the role that law can – and will need to – play in this space. Charles goes into some of the most relevant ethical debates in this subject. He has got together a team of experts representing a very wide cross-section of law and industry and gives an impressively wide range of thoughts and viewpoints.’ -- Erica Stanford, Author of Crypto Wars: Faked Deaths, Missing Billions and Industry DisruptionTable of ContentsContents: Foreword by Philip Treleaven xxiv Preface xxvi Table of cases xxviii Table of legislation xxix PART I INTRODUCTORY MATERIALS 1 Introductory essay 2 Charles Kerrigan 2 Themes of the chapters 24 Charles Kerrigan 3 Introduction to AI 30 Charles Kerrigan with contributions from Suzanne Rab, Stephen Kenny QC, Charlotte Payne and Jason G Allen 4 Understanding AI 37 Tirath Virdee PART II LEGAL 5 Corporate governance 57 Martin Petrin 6 Regulation 85 Hannah Yee-Fen Lim 7 Commercial contracts 109 Iain Sheridan 8 Commercial trade 133 Minesh Tanna and William Dunning 9 Agency and liability 146 Jason G Allen 10 Data and data protection 163 Peter Church and Richard Cumbley 11 Competition law 196 Suzanne Rab 12 Intellectual property 212 Rachel Free 13 Employment 238 Dana Denis-Smith 14 Disputes and litigation 250 Kushal Gandhi and Vanessa Whitman PART III INDUSTRIES 15 Artificial intelligence and financial regulation 267 Richard Hay and Sophia Le Vesconte 16 Insurance 303 Stephen Kenny QC and Charlotte Payne 17 Retail and consumer 327 Matthew Bennett 18 Healthcare 340 Roland Wiring 19 Telecoms and connectivity 355 Suzanne Rab 20 Real estate 378 AP Moore, Claudia Giannoni, Nick Kirby and Nick Doffman PART IV HUMAN AI 21 Ethics 398 Patricia Shaw 22 Bias and discrimination 422 Minesh Tanna and William Dunning 23 Public policy and government 443 Birgitte Andersen 24 Education 457 Stefano Barazza 25 Taxonomy of AI 475 Tirath Virdee, Doug Brown, Scott Stainton and Shaun Barney 26 Automation and fairness 493 Emre Kazim, Adriano Koshiyama and Jeremy Barnett 27 Risk management 505 Stephen Ashurst 28 Business models and procurement 516 Petko Karamotchev 29 Explainable AI and responsible AI 528 Charles Kerrigan and Oliver Vercoe 30 LegalTech 536 Richard Tromans Index

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Book SynopsisAdvocating for more standardised data governance practices and promoting the digital economy, Data Governance in AI, FinTech and LegalTech investigates the rationale, legal base and tools of data governance in the financial sector. This timely book makes a significant contribution to the debate around how rapidly-evolving digital finance practices should be regulated.Contributions from leading researchers examine a range of financial services, offering a comprehensive assessment of the available tools for constructing multi-layered matrix systems for data governance in the financial services sector. Chapters explore data governance in the cryptocurrency market, crypto-asset providers, legal services for mergers and acquisitions, consumer insurance, consumer finance, digital platform services, securities exchanges and the green bond market. The book serves to define the legal contours of data governance, taking account of the influence of shifting business models, the views of multiple stakeholders and emerging issues surrounding data protection, privacy and cybersecurity.This is a crucial read for scholars of law and finance who are researching data regulation, data governance and financial market law. Exploring both the opportunities and risks arising from the digital transformation of financial markets, it will also be invaluable for practitioners and policy makers working in the financial sector, law, risk management and compliance.Trade Review‘This original and timely book brings together leading legal scholars to examine the regulatory challenges created by the shift to data-driven, next-generation financial products and services. The concept of “data governance” is usefully developed to focus the discussion and emphasize the complex issues and diverse interests that need to be managed in navigating this important and fast-moving space.’ -- Mark Fenwick, Kyushu University, JapanTable of ContentsContents: Preface xii 1 Introduction: Data and its governance in the financial services sector 1 Joseph Lee 2 Data utility and data governance in cryptocurrencies 6 Joseph Lee 3 The client data windfall nourishing the birth of legal technologies 34 David C. Donald 4 Data protection in the big data era: The broken informed consent regime and the way forward 58 Yueh-Ping (Alex) Yang 5 Algorithm-driven information gatekeepers: Conflicts of interest in the digital platform business models 78 Aline Darbellay 6 Property and data: A confused relationship 99 Joseph Lee and Marc Van de Looverbosch 7 Financial instruments: Transactions and consumer protection in Japan 124 Antonios Karaiskos 8 Data governance by insurance companies in Singapore 144 Christopher Chen 9 Data governance in AI: Board duties and liability 168 Jan Lieder and Philipp Pordzik 10 Data production by market infrastructures and AI developments 190 Manuela Geranio 11 Cybersecurity certification and compliance in financial services 212 Radim Polčák 12 The European Union and the promotion of values in its external relations – the case of data protection 237 Julia Schmidt 13 The digital transformation of the global green bonds market: New-fashioned international standards for a new generation of financial instruments 262 Georgios Pavlidis 14 Conclusion to Data Governance in AI, FinTech and LegalTech: Law and Regulation in the Financial Sector 278 Aline Darbellay Index

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Book SynopsisThis insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.Having depicted a legal landscape that includes legal rules and principles, regulatory frameworks, technical measures and technological governance, this thought-provoking book presents further exercises in rethinking. These exercises confront communities with a fundamental question about how they are to be governed—by humans using rules or by technical measures and technological management? Chapters rethink the traditional arguments relating to legality, the rule of law, legitimacy, regulatory practice, dispute resolution, crime and control, and authority and respect for law. Examining the role of lawyers and law schools in an age of governance by smart technologies, Rethinking Law, Regulation, and Technology will be a key resource for students and scholars of law and technology, digital innovation and regulation and the law.Trade Review‘Any lawyer remotely interested in technology today will find much food for thought in this pioneering text by a leading legal technologist. While the future is always unpredictable, this provides no excuse for forging ahead blindfolded. Professor Brownsword’s careful, reflective study on how law, regulation, and technology may interrelate (both presently and potentially) presents us with the stones by which we can feel our way across the seemingly surging technological river.’ -- Kelvin Low, National University of Singapore‘It is uncommon for a new academic work to cause the reader to stop and re-evaluate their understanding of the subject. This book does. Brownsword ask us to rethink the relationships between law, regulation, and technology and evaluates the role each plays in the modern complex legal-technology-regulatory environment. Brownsword has been a powerful and leading voice in this field for years and this book is the culmination of his work in the field. It is a genuine must read.’ -- Andrew Murray, London School of Economics and Political Science, UK‘This book extends Professor Brownsword’s deep thinking on the implications of the use of technology in governance, or “Law 3.0”, asking important questions about the authority of computer code and the legitimacy of regulating humans through machines. Not only is it of interest to legal theorists and scholars of law and technology, it asks important questions about the future of law and legal education in a world where rules can be baked into systems.’ -- Lyria Bennett Moses, UNSW Sydney, Australia‘Roger Brownsword is one of the most salient authors in the domain of law of technology. In his elegant and incisive prose, he shares an in-depth understanding of how we may come to lose legality, legitimacy and the rule of law. In this new work he addresses the difficult questions around law’s computability. What if computing systems provide more accurate, just and legitimate legal decisions than human lawyers could possibly do? And even if they cannot, Brownsword explains in crucial detail why human imperfection is not a bug but a feature.’ -- Mireille Hildebrandt, Vrije Universiteit Brussel, Belgium and Radboud University, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Rethinking Law, Regulation, and Technology PART I RETHINKING LAW, REGULATION, AND TECHNOLOGY 2. Rethinking law, rethinking regulation, and rethinking technology 3. The new landscape of law, regulation, and governance PART II RETHINKING LEGALITY, THE RULE OF LAW, AND LEGITIMACY 4. Rethinking legality 5. Rethinking the rule of law 6. Rethinking legitimacy PART III RETHINKING LAW AND REGULATION IN PRACTICE—LAWTECH, REGTECH, AND TECHNOLOGICAL MANAGEMENT 7. Rethinking legal and regulatory practice and the provision of legal services 8 Rethinking disputes and dispute resolution 9. Rethinking crime, control, and channelling PART IV RETHINKING LEGAL AND REGULATORY INSTITUTIONS 10. Rethinking national legal and regulatory institutions 11. Rethinking international legal and regulatory institutions PART V RETHINKING THE INSTITUTION OF LAW, AUTHORITY, AND RESPECT 12. Rethinking the authority of law 13. Rethinking respect for law PART VI RETHINKING THE LAW SCHOOL 14. Teaching law 15. Researching law 16. Concluding remarks Index

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Book SynopsisNovel Beings is a forward-looking exploration into the divide between proactive and reactive regulatory approaches to the cross-section of biotechnology and artificial intelligence (AI) research. Addressing an innovative area of academic study, Novel Beings questions how this research, which has the potential to create new forms of morally valuable life, could be regulated. This fascinating book examines the promises and perils of conflicting approaches to regulating emerging technologies in the unique context of this probable challenge for law and society. An impressive, and multidisciplinary, selection of expert contributors offer considerations vital to any attempt to address these issues before they become impossible to prevent or rectify. Chapters explore technologies such as genomics, synthetic biology and neurotechnologies, as well the profusion of ‘expert systems’ – algorithms and simple AI that interweave through everyday life, from smart assistants, to the financial markets, to social media. David Lawrence and Sarah Morley also discuss the global challenges for society and the laws regarding the status of these technological beings, their protections and obligations.This book will appeal to researchers and academics who are interested in the regulation of emerging technology. It will also provide a beneficial new resource for scholars and postgraduate students studying emerging technology in different fields, such as law, bioethics and philosophy.Trade Review‘As technologies lead inexorably to the creation of intelligent beings, the need to find practical solutions to questions of moral value, status, and resulting obligations becomes increasingly urgent. This important collection depicts challenges and marks a significant advancement in the field of biolaw in its articulation of potential proactive and reactive regulatory solutions.’ -- Emma G. Cave, Durham University, UK‘I warmly welcome this exciting new book on how the law, ethics and regulation can respond to the challenges of “novel beings” from biotechnology to artificial intelligence. This is an excellent group of leading scholars in law and ethics, with exciting new insights into emerging technologies.’ -- Richard Ashcroft, City, University of London, UKTable of ContentsContents: Introduction 1 PART I PROACTIVE REGULATION 1 Embedded ethics as preparatory regulation of technology: a new solution to the Collingridge Dilemma? 12 Daniel Tigard 2 Repugnance, denial, and fear: societal challenges for regulation of novel beings 29 David R. Lawrence 3 Morally significant technology: a case against mere corporate self-regulation 46 Sarah Morley 4 Beware Oz the Great and Powerful: sci-fi determinism, flawed artificial intelligence and emerging regulatory frameworks 83 Alan Dignam 5 Newer technologies, older attitudes, and retrograde regulation 124 David R. Lawrence and John Harris PART II REACTIVE REGULATION 6 Being novel? Regulating emerging technologies under conditions of uncertainty 140 Joseph T.F. Roberts and Muireann Quigley 7 The “ethical” regulation of “novel being” technologies: the potential role for patents as ethical drivers, blockers and guiders? 171 Aisling McMahon 8 A phased approach to protection of artificial beings 194 Colin Gavaghan and Mike King 9 Concluding remarks 223 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 SynopsisAutonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.Its chapters question the adequacy of accident compensation systems designed around the human wrongdoer, or a human whose conduct can be attributed to a legal person, when the 'wrongdoer' is an autonomous system. With a multi-jurisdictional approach, including both common and civil law perspectives, this book examines the many challenges that autonomous systems present in tort law and sets forth that tort lawyers will need to significantly adjust their thinking to face these challenges. Focus is given to proposals and developments at an EU level and finding solutions to the problems brought about by autonomous systems.This insightful text will be of great value to both students, researchers and practitioners in tort law, accident compensation and AI. High tech companies, think tanks, consultancies and organisations interested in autonomous systems and accidents will also widely benefit from its expertise.Trade Review‘Autonomous systems are increasingly challenging tenets of tort law and its liability schemes. The authors in this book discuss several solutions to tackle the shortcomings of today's law. The volume provides an impressive guide for both scholars and legislators.’ -- Ugo Pagallo, University of Turin, ItalyTable of ContentsContents: 1 Tort Liability and Autonomous Systems Accidents – Challenges and Future Developments 1 Phillip Morgan 2 Liability for Damage Caused by Artificial Intelligence – Some Food for Thought and Current Proposals 27 Jan De Bruyne and Orian Dheu 3 AI Systems and the Issue of Liability in the European and National Regulatory Strategies 63 Erica Palmerini 4 AI-Generated Torts 97 Ryan Abbott 5 Civil Liability Applicable to Artificial Intelligence: A Preliminary Critique of the European Parliament Resolution of 2020 122 Henrique Sousa Antunes 6 Liability for Complex Systems: The Challenge of Robotic Technology in Private Law 143 Attila Menyhárd 7 Artificial Intelligence and Medical Decision-Making: Wind of Change for Medical Malpractice Liability and Insurance? 167 Özgün Çelebi and Ayşegül Buğra Şar 8 Autonomous AI Torts: A Comparative Law and Economics Approach 188 Mitja Kovac 9 Civil Liability all at Sea: The Challenges of Unmanned Cargo Ships 211 Simon Baughen 10 Robotics Regulation and Liability Issues Concerning Robotic Technologies in the Oil and Gas Sector 234 Kyriaki Noussia and Maria Glynou Index 258

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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 thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, recognising how it has been established over the last decade as one of the focal points of legal scholarly debate.Adopting a multidimensional approach, the Research Handbook on Law and Technology brings together an array of esteemed experts and new voices in the field with chapters considering antitrust, artificial intelligence, consumer law, legal responses to techlaw uncertainties, internet, methodology, and human rights in the digital age. Contributors examine the interaction between various branches of law and technology and analyse specific challenges that technology poses to law and legal scholarship, using theoretical reasoning and case-specific examples to support key arguments. Ultimately, this Research Handbook encourages a critical approach when engaging with discussions on law and technology, arguing that our understanding can only be improved and developed by challenging existing paradigms.The Research Handbook on Law and Technology is a fundamental resource for legal students, academics, researchers and practitioners interested in the legal challenges stemming from the use of different technologies. Providing a comprehensive examination of technology’s multidisciplinary nature, this book will also appeal to academics in the fields of philosophy, social science, political science and public policy.Table of ContentsContents: 1 Introduction to the Research Handbook on Law and Technology 1 Olia Kanevskaia and Przemysław Pałka PART I FRAMEWORKS 2 Law, regulation, and technology: the bigger picture of good governance 12 Roger Brownsword 3 Legal responses to techlaw uncertainties 28 BJ Ard and Rebecca Crootof 4 What’s law got to do with IT: an analysis of techno-regulatory incoherence 45 Zachary Cooper and Arno R. Lodder 5 Formalising law, or the return of the Golem 59 Burkhard Schafer 6 How not to get bored, or some thoughts on the methodology of law and technology 82 Przemysław Pałka and Bartosz Brożek 7 Grounding computational ‘law’ in legal education and professional legal training 99 Mireille Hildebrandt 8 Hype and cultural imaginary in law and technology 128 Lachlan Robb and Kieran Tranter PART II BRANCHES 9 Technology, monopoly, and antitrust from a historical perspective 142 Ramsi A. Woodcock 10 When worlds collide: copyright law, technology, and legislative drama 160 Ewa Laskowska-Litak 11 EU consumer law and technology 174 Agnieszka Jabłonowska 12 Criminal law and technology 190 Sofie Royer and Rune Vanleeuw 13 Privacy at a crossroads 214 Artur Pericles Lima Monteiro 14 When computers say no: towards a legal response to algorithmic discrimination in Europe 222 Raphaële Xenidis 15 International human rights law in the digital age: perspectives from the UN human rights system 235 Claudia Victoria Ionita and Machiko Kanetake 16 Legal principles and technology at the intersection of energy, climate, and environmental law 254 Leonie Reins PART III PERSPECTIVES 17 Afro-centric law and technology discourse 276 Caroline B. Ncube and Thabiso R. Phiri 18 Incorporating digital development perspectives in international trade law 296 Binit Agarwal and Neha Mishra 19 Perspectives on digital constitutionalism 315 Francisco de Abreu Duarte, Giovanni De Gregorio and Angelo Jr Golia 20 The saga of copyrighted standards: a perspective on access to regulation 330 Olia Kanevskaia 21 The normative novelty of obligations in automated contracts 349 Helen Eenmaa 22 STS jurisprudence: exploring the intersection between science and technology studies and law 365 Kasper Hedegård Schiølin 23 An outsider’s view on law and technology 379 Hans-W. Micklitz PART IV CHALLENGES 24 Autonomous weapons 392 Magdalena Pacholska 25 Issues in robot law and policy 408 A. Michael Froomkin 26 Artificial intelligence and the law: can we and should we regulate AI systems? 427 Riikka Koulu, Suvi Sankari, Hanne Hirvonen and Tatjaana Heikkinen 27 Machine learning and law 450 Andrzej Porębski 28 Why we need to rethink procedural fairness for the digital age and how we should do it 468 Jed Meers, Simon Halliday and Joe Tomlinson 29 Patent law and economics: open issues in technology standards 483 Giuseppe Colangelo and Eleonora Pierucci 30 Blockchain and cryptocurrency 497 Dan Traficonte Index 512

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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 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 thoroughly revised and expanded second edition of IT Contracts and Dispute Management provides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic.Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court’s judgment on ‘no oral modification’ clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.Table of ContentsCONTENTS: Preface to the second edition Part A Outset – Birth Of A Technology Project 1. Pre-Contract Matters 2. Liability For Pre-Contractual Statements 3. Contract Negotiation And Project Methodology Part B Nurturing, Maintaining And Delivering The Project 4. The Contractual Framework 5. Housekeeping 6. Project Management 7. Delivery And Acceptance 8. Testing 9. Other Aspects Of Performance 10. Delay Part C In Sickness And In Health – The Ailing Project, Interim Dispute Resolution And Resuscitation 11. Project Rescue 12. Representations When Re-Baselining 13. Termination Rights 14. Project ‘Resuscitation’ 15. Interim Dispute Resolution 16. Enforcing A Continuing Relationship Part D Quantification Of Claims For Compensation 17. Quantification Of Claims For Compensation 18. Exemption/Limitation Clauses Part E Conducting Technology Contract Disputes 19. Forum For Resolving Disputes 20. Disclosure 21. Witnesses Index

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Book SynopsisThis insightful book provides a timely review of the potential threats of advertising technologies, or adtech. It highlights the need to protect internet users not only from privacy risks, but also as consumers and citizens online dealing with a highly complex technological setting.Jiahong Chen illustrates a concise overview of the technical, economic and legal aspects of adtech together with coverage of other important areas. These include: the ongoing debates around online advertising and data protection, an up-to-date analysis of the application of the GDPR, and insights into both the practices and theories of the regulation of data protection law. The book provides a clear picture of what is truly at stake with online advertising practices, concluding with a critical assessment of the current regime and a proposed approach to reform data protection laws.This book will provide essential reading for researchers and law students requiring an overview of the legal framework and current practices, alongside legal practitioners and policymakers evaluating the benefits and risks of data-driven technologies.Trade Review‘One of the key battles in the current fight for values and rights online is between consumers and the adtech industry. This book is an invaluable guide to this evolving battleground as it comprehensively steers the reader through the European law and policy on online behavioural targeting.’Table of ContentsContents: PART I THE SET-UP Introduction to Regulating Online Behavioural Advertising Through Data Protection Law 1. The techno-economic landscape of OBA 9 PART II THE STAKES 2. Claims of legitimate interests and societal benefits of OBA 37 3. Individualistic and societal risks of OBA 57 PART III THE LAW 4. Data protection principles governing OBA 5. Lawful grounds legitimizing data uses for OBA 6. ‘Consent + necessity 2.0’: the regulatory blind spots PART IV THE POSSIBILITIES 7. Diversifying the data protection regulatory toolbox Conclusion to Regulating Online Behavioural Advertising Through Data Protection Law Index

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