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Stack is the New Black?: Evolution and Outcomes of the ‘India-Stackification’ Process Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-28 Smriti Parsheera
India is going through a transformative phase in its digital journey. A large part of this is enfolding in the field of digital public infrastructures as the ‘India Stack’ branded suite of technological solutions permeates through areas like digital identity, instant payments, digital commerce, and consent management. The paper traces the socio-technical imaginaries that have fueled India's digital
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Findings from the Polish InsurTech market as a roadmap for regulators Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-23 Piotr Tereszkiewicz, Ewa Cichowicz
The dynamic development of modern technologies has changed the rules of the game in the financial market, including the insurance sector. While introducing digital business models may bring certain advantages for insurers, there is a widespread expectation of consumers to manage their financial affairs anytime and anywhere. This article sets out by demonstrating recent phenomena on the insurance market
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Introduction for computer law and security review: special issue “knowledge management for law” Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-13 Emilio Sulis, Luigi Di Caro, Rohan Nanda
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Substantive fairness in the GDPR: Fairness Elements for Article 5.1a GDPR Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-10 Andreas Häuselmann, Bart Custers
According to the fairness principle in Article 5.1a of the EU General Data Protection Regulation (GDPR), data controllers must process personal data fairly. However, the GDPR fails to explain what is fairness and how it should be achieved. In fact, the GDPR focuses mostly on procedural fairness: if personal data are processed in compliance with the GDPR, for instance, by ensuring lawfulness and transparency
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Consumer neuro devices within EU product safety law: Are we prepared for big tech ante portas? Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-10 Elisabeth Steindl
Previously confined to the distinct medical market, neurotechnologies are expanding rapidly into the consumer market, driven by technological advancements and substantial investments. While offering promising benefits, concerns have emerged regarding the suitability of existing legal frameworks to adequately address the risks they present. Against the background of an ongoing global debate on new policies
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Affection as a service: Ghostbots and the changing nature of mourning Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-08 Mauricio Figueroa-Torres
This article elucidates the rise of ghostbots, artificial conversational agents that emulate the deceased, as marketable commodities. The study explains the role of ghostbots in changing how mourning is experienced. It highlights how ghostbots alter the relationship between the bereaved and the departed, transforming it into one of a customer-object within legal discourse. By critically examining the
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How to design data access for researchers: A legal and software development perspective Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-06 M.Z. van Drunen, A. Noroozian
Public scrutiny of platforms has been limited by a lack of transparency. In response, EU law increasingly requires platforms to provide data to researchers. The Digital Services Act and the proposed Regulation on the Transparency and Targeting of Political Advertising in particular require platforms to provide access to data through ad libraries and in response to data access requests. However, these
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Is the regulation of connected and automated vehicles (CAVs) a wicked problem and why does it matter? Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-02-03 Amy Dunphy
The anticipated public deployment of highly connected and automated vehicles (‘CAVs’) has the potential to introduce a range of complex regulatory challenges because of the novel and expansive way that data is generated, used, collected and shared by CAVs. Regulators within Australia and internationally are facing the complex task of developing rules and regulations to meet these challenges against
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Transborder flow of personal data (TDF) in Africa: Stocktaking the ills and gains of a divergently regulated business mechanism Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-31 Olumide Babalola
Technology-based transactions are inseparable from the routine exchange of data. These exchanges may not pose privacy problems until the movement takes extra-territorial turns thereby facing multiple levels of cross-border regulations. In the 80 s, the frequency of transfer of personal data beyond geographical boundaries in Europe precipitated the regulation of transborder data flows (TDF) beginning
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Fraud by generative AI chatbots: On the thin line between deception and negligence Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-29 Maarten Herbosch
The use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI chatbots rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative
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Privacy icons as a component of effective transparency and controls under the GDPR: effective data protection by design based on art. 25 GDPR Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-28 Max von Grafenstein, Isabel Kiefaber, Julie Heumüller, Valentin Rupp, Paul Graßl, Otto Kolless, Zsófia Puzst
Understandable privacy information builds trust with users and therefore provides an important competitive advantage for the provider. However, designing privacy information that is both truthful and easy for users to understand is challenging. There are many complex balancing decisions to be made, not only with respect to legal but also visual and user experience design issues. This is why designing
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Discrimination for the sake of fairness by design and its legal framework Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-27 Holly Hoch, Corinna Hertweck, Michele Loi, Aurelia Tamò-Larrieux
As algorithms are increasingly enlisted to make critical determinations about human actors, the more frequently we see these algorithms appear in sensational headlines crying foul on discrimination. There is broad consensus among computer scientists working on this issue that such discrimination can be reduced by intentionally collecting and consciously using sensitive information about demographic
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Challenges in regulating cloud service providers in EU financial regulation: From operational to systemic risks, and examining challenges of the new oversight regime for critical cloud service providers under the Digital Operational Resilience Act Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-25 Eyup Kun
The use of cloud services by financial institutions has become increasingly prevalent due to its economic benefits. However, this comes with the inherent drawbacks of increased security risks and potential financial stability risks from the cloud market concentration. The EU has introduced specific legal instruments that place responsibilities on financial institutions to mitigate these risks. This
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The future EU postal regulation. What can be learnt from the telecommunication regulations Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-22 Mateusz Chołodecki
Postal and telecommunication markets are part of the network industry, regulated by specific regimes. After a long period of legal monopoly, the telecommunication market was fully liberalized before the postal one. Thus, the telecommunication regulatory framework has always been a pattern for the postal market in the EU. These two markets constantly develop in the fast-changing technological environment
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Promoting more accountable AI in the boardroom through smart regulation Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-25 Jingchen Zhao
This paper focuses on the benefits that accountable artificial intelligence (AI) could bring to corporate boardrooms, and the role and format of regulation to promote more accountable AI. It will investigate the interconnections between AI, accountable decisions made by boards of directors in companies, the associated legal risks, and how to regulate AI to mitigate risks while promoting accountability
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Lost in translation? Critically assessing the promises and perils of Brazil's Digital Markets Act proposal in the light of international experiments Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-20 Victor Oliveira Fernandes
This paper undertakes a comprehensive analysis of Brazil's initial draft legislation aimed at regulating competition in digital markets, which was submitted on November 10, 2022. The Brazilian proposal seeks to establish an asymmetric regulatory framework inspired by the European Union's Digital Markets Act (DMA) in order to foster competition in digital markets. Although the draft promises have extensive
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Towards a right to repair for the Internet of Things: A review of legal and policy aspects Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-16 Christopher Boniface, Lachlan Urquhart, Melissa Terras
The way in which consumers engage with, utilise, or discard the technologies in their lives is constantly being reassessed and changed. This paper questions what role the emergent “right to repair” could play in resolving issues posed by the increasing ubiquity of the Internet of Things (IoT). The right gives consumers the ability and freedom to fix their devices, or to fair access to appropriate services
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Clarifying “personal data” and the role of anonymisation in data protection law including and excluding data from the scope of the GDPR (more clearly) through refining the concept of data protection Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-13 Valentin Rupp, Max von Grafenstein
In a data-driven society, the collection and processing of data is essential to the operation of existing technologies and the development of new ones. Data protection law protects individuals against risks associated with the processing of “personal data”. However, despite an intensive legal debate, there is still considerable uncertainty as to when data is personal data and when it is not. The reason
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A fair trial in complex technology cases: Why courts and judges need a basic understanding of complex technologies Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-13 Bart Custers
Technology is getting increasingly complicated. If complex technologies have the potential to cause harm, people may need protection. Such legal protection is increasingly available, but it is only effective if it can also be enforced in courts. If people do not understand what is happening, for instance, with their personal data, they may not go to court at all. When people go to court, they may encounter
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Application of information technology in judicial field: The development model of online litigation in China Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-09 Liyuan Wang
Applying communication technology to the judicial field can improve litigation efficiency and reduce judicial costs, which is the direction of judicial system development. China's online litigation has achieved rapid development in recent years, establishing a nationwide unified online litigation platform and putting it into practical operation. However, it also faces some questions and challenges
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Shielding software systems: A comparison of security by design and privacy by design based on a systematic literature review Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2024-01-06 Cristina Del-Real, Els De Busser, Bibi van den Berg
Background The design of software systems plays a crucial role in mitigating cybersecurity incidents. Security by Design (SbD) aims to ensure foundational security throughout the design process. However, it lacks a precise interdisciplinary definition. Comparing it with Privacy by Design (PbD), which has seen more conceptual development, highlights the need for a comprehensive understanding of SbD
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The development of China's electronic case file regulations and its future implications Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-12-20 Han Qin, Li Chen, Luye Mou
Following the issuance of a set of guiding opinions by the Supreme People's Court and Supreme People's Procuratorate in 2016, China has developed a preliminary framework to regulate the preparation, transfer, and use of electronic files. This paper sets out the key features of this framework, highlighting in particular the usefulness of electronic case files as procedural evidence to safeguard the
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Protection path of personal data and privacy in China: Moving from monism to dualism in civil law and then in criminal law Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-12-16 Zhilong Guo, Jie Hao, Lewis Kennedy
The relationship between privacy protection and personal data protection is legally and academically challenging. The PRC's civil law has evolved from the traditional monism of privacy right provision (protecting personal information) to the dualism of separating privacy protection and personal information protection. But when the private information within the privacy sphere involves personal information
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The dilemma and improvement of anti-suit injunctions in standard-essential patent litigation in China Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-12-16 Yurong Zhang, Jincheng Li, Wei Yang
Allocating jurisdiction and harmonizing anti-suit injunctions (ASIs) in concurrent litigation is a challenging task due to the complex and transnational nature of standard essential patent (SEP) licensing concerns. Notably, in the case of Huawei v. Conversant, the supreme people's court (SPC) of China demonstrated ingenuity by applying the act preservation system to issue the country's first ASI. This
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Identification and demarcation—A general definition and method to address information technology in European IT security law Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-12-06 Nils Brinker
Information technology (IT) as a regulatory object is defined and viewed differently across various domains of European IT security law. However, common definitions and methods for the demarcation and separation of operational information technology can contribute to coherence in the historically grown body of regulation. This paper identifies three different general approaches for the treatment of
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The forgotten creator: Towards a statutory remuneration right for machine learning of generative AI Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-24 Christophe Geiger, Vincenzo Iaia
Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. Algorithmic tools are increasing users’ production capacity for literary and artistic works to almost infinite levels. However, the quality of the outputs is strictly dependent on the quantity and quality of the inputs, some of which are protected by copyright. This scenario gave raise to tensions between
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From compliance to security, responsibility beyond law Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-22 Jasmijn Boeken
In this opinion piece, I advocate for the adoption of a care-based stakeholder approach in cybersecurity for companies. With the ever-increasing digitization of all aspects of life, companies are struggling to keep themselves and their customers secure. This is, at least in part, due to their focus on compliance to standards and regulations, they fall victim to a checkbox-mentality where compliance
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A systematic narrative review of pathways into, desistance from, and risk factors of financial-economic cyber-enabled crime Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-18 Joeri Loggen, Asier Moneva, Rutger Leukfeldt
Financial-economic cyber-enabled crime (hereinafter: financial cybercrime) has increased dramatically over the past years. However, research on financial cybercrime is still underdeveloped and highly heterogeneous, especially regarding the processes of initiation to and desistance from crime. This paper synthesizes existing knowledge on pathways into, desistance from, and risk factors related to financial
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FutureNewsCorp, or how the AI Act changed the future of news Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-18 Natali Helberger
Inspired by scenario writing methods to foster discussion on the societal implications of technology and regulation, the paper develops a ‘legal fiction scenario’ to anticipate the impact of the proposed European AI Act and examine some of the regulatory choices made. The paper tells the story of FutureNewsCorp – the largest news media company in Europe in the year 2043. The story of FutureNewsCorp
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From insight to compliance: Appropriate technical and organisational security measures through the lens of cybersecurity maturity models Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-16 Christof Koolen, Kim Wuyts, Wouter Joosen, Peggy Valcke
Cybersecurity is a much-debated topic in both technical and legal scholarship. With contemporary business models hinging on highly performant information systems, there is increased awareness among entrepreneurs that security incidents often have devastating consequences on undertakings’ revenue streams, intellectual property, and brand reputation. As a result, there is an increased focus on the obligation
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The right not to use the internet Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-15 Dariusz Kloza
Over the past years, while the use of the internet has accelerated, it has increasingly ceased to be a mere option. Rather, it has turned into a de facto obligation for anyone who exercises their rights or fulfils their duties. These developments invite the question as to whether and to what extent people could be forced to use the internet or whether such an obligation conforms to democratic standards
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The European Health Data Space: An expanded right to data portability? Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-09 Wenkai Li, Paul Quinn
The European Commission recently released its proposal for a Regulation giving rise to a European Health Data Space (EHDS), as the first domain-specific common European data space under the European Union's data strategy. The proposed EHDS aims to improve access to and control by individuals of their personal electronic health data in primary use and increase data availability for secondary use purposes
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Data modelling as a means of power: At the legal and computer science crossroads Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-10 Kai von Lewinski, Michael Beurskens, Stefanie Scherzinger
The process of data modelling can be empowering, as the resulting information system can intentionally or accidentally reshape the real world. Examples from civil and commercial registers from German and European Law illustrate that neither legal nor computer science are sufficiently aware of the risks and opportunities involved. We demonstrate that the power inherent in data modelling is rarely properly
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European National News Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-10 Nick Pantlin
This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part
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Licensing high-risk artificial intelligence: Toward ex ante justification for a disruptive technology Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-06 Gianclaudio Malgieri, Frank Pasquale
The regulation of artificial intelligence (AI) has heavily relied on ex post, reactive tools. This approach has proven inadequate, as numerous foreseeable problems arising out of commercial development and applications of AI have harmed vulnerable persons and communities, with few (and sometimes no) opportunities for recourse. Worse problems are highly likely in the future. By requiring quality control
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In principle vs in practice: User, expert and policymaker attitudes towards the right to data portability in the internet of things Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-03 Sarah Turner, Leonie Maria Tanczer
The right to data portability (RtDP) was enshrined in law with the introduction of the EU's General Data Orotection Regulation (GDPR, Article 20) in 2018. RtDP gives a user the right to obtain and transfer their data to a different service, and the data controller the obligation to facilitate this transfer. Since GDPR's implementation, RtDP has been highlighted in the Digital Markets Act (DMA; 2022)
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Cybersecurity in the EU: How the NIS2-directive stacks up against its predecessor Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-04 Niels Vandezande
In December 2022 the second Directive on security of network and information systems (NIS2 Directive) was published. The first directive, adopted in 2016, aimed to provide a high common level of cybersecurity across the Member States, but proved difficult to implement. To respond to new threats posed by digitalisation and the overall surge in cyber-attacks, it was decided to overhaul this framework
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Research on the application and examination of electronic evidence preserved on the blockchain in Chinese copyright judicial practice Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-04 Huaiyin Zhang, Rongrong Wang, Kui Cai
In the era of smart justice, blockchain technology has revolutionized the way of preserving and examining electronic evidence.Blockchain technology has its functional advantages of distributed storage, hash function verification, and timestamp and accordingly possesses the technical characteristics of stability, integrity, and immutability. As such, blockchain technology can help alleviate the dilemma
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Citizen scientists as data controllers: Data protection and ethics challenges of distributed science Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-11-03 Nadezhda Purtova, Robin L Pierce
Citizen-science is a rapidly expanding approach to knowledge production that increasingly involves the collection of personal data in various forms. This processing of personal data invokes relevant data protection laws and, specifically, the designation of data controller, the person(s) or organisation(a) who determine if and how personal data is to be processed and hence are charged with the legal
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Monetary sovereignty in the digital era. The law & macroeconomics of digital private money Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-27 Edoardo D. Martino
The relationship between private and public money has shaped the economic and legal debate over money for centuries. Private money can either compete with or complement public money and this depends on the applicable law and the relative powers of the State and private parties. The rise of disruptive digital and cryptographic technologies applied to money creation has the potential to innovate this
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An entity-centric approach to manage court judgments based on Natural Language Processing Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-31 Valerio Bellandi, Christian Bernasconi, Fausto Lodi, Matteo Palmonari, Riccardo Pozzi, Marco Ripamonti, Stefano Siccardi
In this paper, we present an entity-centric infrastructure to manage legal documents, especially court judgments, based on the organization of a textual document repository and on the annotation of these documents to serve a variety of downstream tasks. Documents are pre-processed and then iteratively annotated using a set of NLP services that combine complementary approaches based on machine learning
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Making the private public: Regulating content moderation under Chinese law Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-31 Baiyang Xiao
With the expansion of digital economy, tackling illegal online content is an increasingly challenging task. China implemented a dual-track legal mechanism on content moderation, whereby it exempts general monitoring obligations of intermediaries under private law while imposing monitoring obligations under public law. In recent years, major platforms exercise much stronger control over flow of information
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Regulating fintech: A harm focused approach Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-27 Hilary J. Allen
Much of the discourse around fintech regulation focuses on how regulation can best facilitate private-sector innovation. However, financial regulators in the United States do not have a statutory mandate to promote private sector innovation. This Article argues that when devising approaches to regulating fintech, financial regulators should be guided by their statutory mandates – and that these mandates
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Legal knowledge management for prosecutors based on judgment prediction and error analysis from indictments Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-31 Kuo-Chun Chien, Chia-Hui Chang, Ren-Der Sun
Legal AI aims to provide improved knowledge management services based on legal documents. Existing legal judgment prediction datasets mainly use court verdicts. However, for prosecutors, the use of indictments for judgment predictions can help detecting inconsistencies between predictions and prosecution, providing prosecutors with more accurate references to laws and charges through error analysis
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ITALIAN-LEGAL-BERT models for improving natural language processing tasks in the Italian legal domain Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-28 Daniele Licari, Giovanni Comandè
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Enforcing legal information extraction through context-aware techniques: The ASKE approach Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-24 Silvana Castano, Alfio Ferrara, Emanuela Furiosi, Stefano Montanelli, Sergio Picascia, Davide Riva, Carolina Stefanetti
To cope with the growing volume, complexity, and articulation of legal documents as well as to foster digital justice and digital law, increasing effort is being devoted to legal knowledge extraction and digital transformation processes. In this paper, we present the ASKE (Automated System for Knowledge Extraction) approach to legal knowledge extraction, based on a combination of context-aware embedding
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LegalHTML: Semantic mark-up of legal acts using web technologies Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-24 Armando Stellato, Manuel Fiorelli
We introduce here LegalHTML, an extension of the HTML language thought for representing legal acts. LegalHTML has been conceived in the context of an exploratory study conducted for the Publications Office of the European Union, with the objective of overcoming the proliferation of formats for the electronic redaction of legal acts, dedicated to different steps of the editorial process (e.g. first
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Detecting resale price maintenance for competition law purposes: Proof-of-concept study using web scraped data Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-24 Jan Amthauer, Jürgen Fleiß, Franziska Guggi, Viktoria H.S.E. Robertson
Computational antitrust tools can support competition authorities in the detection of antitrust infringements. However, these tools require the availability of suitable data sets in order to produce reliable results. The present proof-of-concept study focuses on the understudied area of resale price maintenance, that is, the fixing of retail prices between manufacturers and retailers. By applying web
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Fairness and justice through automation in China's smart courts Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-21 Straton Papagianneas, Nino Junius
Xi Jinping's judicial reforms have placed the concepts of ‘fairness’ and ‘justice’ at the forefront, coinciding with the integration of information technology and AI into all aspects of China's court system through smart court reform. According to official Chinese discourse, smart court reform is supposed to make the justice system ‘fairer’. However, research has not yet clearly established how ‘fairness’
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Using the blockchain to enable transparent and auditable processing of personal data in cloud- based services: Lessons from the Privacy-Aware Cloud Ecosystems (PACE) project Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-19 Jose Tomas Llanos, Madeline Carr, Omer Rana
The architecture of cloud-based services is typically opaque and intricate. As a result, data subjects cannot exercise adequate control over their personal data, and overwhelmed data protection authorities must spend their limited resources in costly forensic efforts to ascertain instances of non-compliance. To address these data protection challenges, a group of computer scientists and socio-legal
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Digital distortions and interpretive choices: A cartographic perspective on encoding regulation Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-17 Anna Huggins, Alice Witt, Mark Burdon
Rules as Code (RaC), which encompasses the conversion of legal and regulatory rules into computer code, is gaining traction internationally. This article analyses ‘digital distortions’ in RaC, which refer to disconnects between regulation and code that arise from interpretive choices in the encoding process. We contend that Boaventura de Sousa Santos’ ‘symbolic cartography of law’ provides valuable
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Impact and revolution on law on road traffic safety by autonomous driving technology in China Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-13 Lin Xu, Bingbing He, Hanchu Zhou, Jun He
With rapid advancements in science and technology, artificial intelligence (AI) has found widespread applications in various fields. One notable area is autonomous driving technology, which is revolutionizing human-vehicle interactions and traffic regulations. In many countries, particularly China, autonomous driving technology is currently undergoing field tests as it reaches a mature stage of development
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Originality and the future of copyright in an age of generative AI Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-10 Mark Fenwick, Paulius Jurcys
This paper takes the occasion of French DJ David Guetta's use of generative AI tools to create lyrics and a voice in the style of Eminem, which he then used in one of his concerts, as the basis for an exploration of the shifting meaning of creativity and originality in the age of generative AI. Our main contention is that the Guetta form of creativity with generative AI tools differs in certain important
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The protection of human biodata: Is there any role for data ownership? Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-10 Esra Demir
In the area of human biodata governance, one of the most pressing questions is how to address the tension between fostering innovation and protecting the fundamental rights and freedoms that arise from the development, deployment, and use of AI and data processing. On the one hand, data collected and stored in biobanks hold great promise, particularly for improving health care. However, the improper
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Going native? How crypto technology may help regulators Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-10-10 Claudia Biancotti
The crypto industry suffered a prolonged crisis in 2022. It is now at a turning point, as lawmakers around the world deploy new statutes aimed at curtailing endemic fraud, inadequate risk management, and bad governance. This is a net positive for the ecosystem – without legal certainty, it cannot flourish. In this paper, I argue that some crypto-native constructs may usefully complement traditional
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Countering online hate speech: How does human rights due diligence impact terms of service? Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-09-30 Eva Nave, Lottie Lane
The Internet is a global forum largely governed by private actors driven by profit concerns, often disregarding the human rights of historically marginalised communities. Increased attention is being paid to the corporate human rights due diligence (HRDD) responsibilities applicable to online platforms countering illegal online content, such as hate speech. At the European Union (EU) level, cross-sector
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The regulation of digital advertising under the DSA: A critical assessment Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-09-26 Bram Duivenvoorde, Catalina Goanta
This article critically assesses to what extent the Digital Services Act (DSA) protects consumers in relation to three important developments in digital advertising: (i) the rise of influencer marketing as a new form of native advertising (ii) the personalisation of advertising and (iii) hybrid ads as advertising solutions that find themselves at the intersection of influencer marketing and personalised
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The use of social media evidence in the courtroom: A survey of lawyer's experiences in Poland Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-09-26 Piotr Lewulis
Despite its potential evidentiary value, presenting information from social media in the courtroom poses practical challenges. Various legal, ethical, and forensic issues tied to social media evidence have international relevance, as judicial authorities globally navigate the same technological landscape. This article presents the results of an exploratory cross-sectional questionnaire survey conducted
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NFTs and the virtual yet concrete art of money laundering Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-09-25 Anna Mosna, Giulio Soana
While much has been said regarding the anti-money laundering treatment of crypto-assets, NFTs seem to have remained on the sidelines of such a debate. Collectible NFTs, however, present a distinct AML risk. Eminently, they mix the risk-factor connected with crypto-assets and fine art. As the first, they are global, pseudonymous, and immaterial. As the second, they have a highly subjective price. In
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Public tenders, complaints, machine learning and recommender systems: a case study in public administration Comput. Law Secur. Rev. (IF 2.707) Pub Date : 2023-09-24 Roberto Nai, Rosa Meo, Gabriele Morina, Paolo Pasteris
With the proliferation of e-procurement systems in the public sector, valuable and open information sources can be jointly accessed. Our research aims to explore different legal Open Data; in particular, we explored the data set of the National Anti-Corruption Authority in Italy on public procurement and the judges’ sentences related to public procurement, published on the website of the Italian Administrative