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The transatlantic divide: intermediary liability, free expression, and the limits of trade harmonization International Journal of Law and Information Technology Pub Date : 2024-03-11 Han-Wei Liu
Amid escalating apprehensions surrounding content regulation, the USA has discreetly integrated provisions reminiscent of its Communications Decency Act Section 230 (CDA 230) into trade agreements, offering broad immunity. This scholarly analysis critically assesses this manoeuvre by juxtaposing such CDA 230-like provisions against the UK’s established legal framework governing online content and freedom
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Law and the political economy of AI production International Journal of Law and Information Technology Pub Date : 2024-02-20 Petros Terzis
The governance of artificial intelligence (AI) is at a historical juncture. Legislative acts, global treaties, export controls, and technical standards are now dominating the discourse over what used to be a predominantly market-driven space. Amidst all this frenzy, this paper explains why none of these projects will achieve ‘alignment’ of AI with the prospect of a sustainable model of production authentically
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AI and the future of human rights in Bangladesh: a call for robust legal and ethical frameworks International Journal of Law and Information Technology Pub Date : 2024-02-12 Shadab Bin Ashraf, Md Masrur Islam
The rise of artificial intelligence (AI) technology presents both opportunities and challenges for the protection of human rights in Bangladesh. While AI has the potential to transform and enhance many areas of society, including healthcare, education, and business, it also raises significant ethical and legal questions that require careful consideration. This paper explores the current state of AI
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The boundary between digital goods and E-services in cross-border E-commerce and implication for non-discrimination under the WTO system International Journal of Law and Information Technology Pub Date : 2023-09-14 Papawadee Tanodomdej
One of the biggest challenges of implementing value-added tax (VAT) collection on cross-border digital goods and services is the compliance with World Trade Organization (WTO) obligations. The lack of a clear distinction between goods and services in the WTO agreements and divergent classifications adopted by states have led to fragmented and inconsistent VAT collection, potentially creating trade
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Digital assets and inheritance law: How to create fundamental principles of digital succession system? International Journal of Law and Information Technology Pub Date : 2023-08-22 Paweł Szwajdler
Currently, there are no generally applicable legal regulations in the field of digital succession in the majority of legal orders. However, such legal provisions are needed because digital assets are getting more and more significant in the contemporary world. Entry into force of legal regulations in this area should be preceded by creation of legal theory of digital succession. Therefore, it is necessary
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Arbitration chambers and technology: witness tampering and perceived effectiveness in videoconferenced dispute resolution proceedings International Journal of Law and Information Technology Pub Date : 2023-07-24 Ferreira Daniel Brantes, Cristiane Giovannini, Elizaveta A Gromova, Jorge Brantes Ferreira
Ongoing technological advance brings change and arise trust issues in several traditional environments. Attitude and experience towards present and future use of online digital technologies and services in ADR proceedings may colour user perception of the effectiveness and trustworthiness of the technology employed. This study presents an exploratory analysis on issues related to non-presential ADR
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The questionable necessity of a new human right against being subject to automated decision-making International Journal of Law and Information Technology Pub Date : 2023-07-21 Elena Abrusci, Richard Mackenzie-Gray Scott
The development and interest in decision-making that is or can be automated have opened the doors of debate regarding the form and substance of related means of regulating its application. Part of this discourse involves proposals advocating for the creation of a new human right not to be subject to an automated decision. This article questions whether such a right is necessary in light of existing
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Content moderation in times of war: testing state and self-regulation, contract and human rights law in search of optimal solutions International Journal of Law and Information Technology Pub Date : 2023-07-20 Nataliia Filatova-Bilous
The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence
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Transitional justice and online social platforms: Facebook and the Rohingya genocide International Journal of Law and Information Technology Pub Date : 2023-07-18 Hesam Nourooz Pour
This article examines the complex role of social media platforms in transitional justice processes, with a particular focus on the challenges and impediments these platforms can present. Using the Rohingya genocide as a case study, we scrutinize the destructive impact that social media, especially Facebook, can have when misused for inciting hate speech and violence. Furthermore, the article delves
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Data bias, intelligent systems and criminal justice outcomes International Journal of Law and Information Technology Pub Date : 2023-07-15 Jacob O Arowosegbe
The use of artificial intelligence (AI) technology is gaining prominence in the whole gamut of the criminal justice system spanning the processes of crime identification, arrests, prosecution, sentencing and punishment. While the benefits of this are certain, so also are the demerits, especially as manifested in the data bias problem. This article focuses on the nature and impact of data bias in the
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The user state: an alternative reading of the state role and duty in the age of platformized harm International Journal of Law and Information Technology Pub Date : 2023-06-09 Kebene Wodajo
States are increasingly delegating their regulatory functions to social media platforms to censor information, and the risk of a state retreat from the regulatory space has been extensively discussed. However, little is said about what this means when the state becomes a user of the same platform from which it retreats as a regulator—and more importantly relies on its user capacity to configure and
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The death and life of Jang Nayeon: a case for personality rights in the digital layers of reality International Journal of Law and Information Technology Pub Date : 2023-04-17 Amber Boothe
Inspired by the story of Jang Ji-sung and the virtual resurrection of her daughter, Nayeon, this article explores how the legal issues that arise when people (living or deceased) are digitally cloned and rendered into virtual or augmented reality ground a compelling argument for why UK law should recognize a broader suite of personality rights. Technologies once confined to the two-dimensional realm
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Cyber operations against critical infrastructure under norms of responsible state behaviour and international law International Journal of Law and Information Technology Pub Date : 2023-03-31 Samuli Haataja
There has been agreement at the United Nations level about a set of norms of responsible state behaviour in cyberspace, including norm (f) which prohibits cyber operations that cause intentional damage or impairment to critical infrastructure (CI). This article examines norm (f) in light of existing international law prohibiting malicious cyber operations against CI. It argues that norm (f) introduces
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Much ado about artificial intelligence or: the automation of contract formation International Journal of Law and Information Technology Pub Date : 2023-03-30 Eliza Mik
Every day, millions of decisions are made based on information provided by computers and millions of transactions are concluded automatically, by means or with the assistance of computer programs. Computers can accept payment and dispense products. Computers can also calculate the optimal price and predict the demand for the product. Technology enables us to automate a wide range of tasks involved
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Legal and technical trade-offs in the content moderation of terrorist live-streaming International Journal of Law and Information Technology Pub Date : 2022-12-27 Alessia Zornetta, Ilka Pohland
Moderating terrorist live-streaming presents legal and technical trade-offs. The immediacy of live-streamed content requires a timely assessment of the content’s compliance with community guidelines and an even more expeditious action of restriction or removal in case of portrayal of illegal content. Social media companies have heavily relied on technology to moderate content. The most frequently used
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Digital IDs for advanced robotics systems as a regulatory infrastructure International Journal of Law and Information Technology Pub Date : 2022-12-10 Abdulrahman S S Aldossary
Artificial intelligence (AI) has been increasingly performing legitimate tasks on behalf of humans. However, the legal aspects of this task performance are critical, given the unprecedented ability of AI to self-learn and act reasonably and independently. This article therefore identifies the critical regulatory aspects of AI that authorities and policymakers should be aware of, with regard to whether
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Revisiting due diligence in cyberspace: crafting international law’s arsenal against transboundary Botnets International Journal of Law and Information Technology Pub Date : 2022-12-01 Abhijeet Shrivastava, Rudraksh Lakra
The emergence of cyberspace has been followed by increasingly unpredictable threats to cybersecurity, including Botnets, which have been frequently exploited in cyber-criminal activities affecting dozens or hundreds of States at once. In existing scholarship, many reasons have informed growing support for the promise of ‘due diligence’ obligations in regulating transboundary cyber operations. We affirm
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Digital remains: property or privacy? International Journal of Law and Information Technology Pub Date : 2022-11-22 Michael Birnhack, Tal Morse
How should the law treat digital remains, namely, digital personal information of deceased people? Two rival conceptions compete over the best framing: property and privacy. Under property framing, digital remains are just another form of assets, subject to succession law; under privacy framing, digital remains are personal data, and upon death, are not part of the estate. However, whether privacy
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Practical fundamental rights impact assessments International Journal of Law and Information Technology Pub Date : 2022-11-21 Heleen Janssen, Michelle Seng Ah Lee, Jatinder Singh
The European Union’s General Data Protection Regulation tasks organizations to perform a Data Protection Impact Assessment (DPIA) to consider fundamental rights risks of their artificial intelligence (AI) system. However, assessing risks can be challenging, as fundamental rights are often considered abstract in nature. So far, guidance regarding DPIAs has largely focussed on data protection, leaving
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Should AI-enabled medical devices be explainable? International Journal of Law and Information Technology Pub Date : 2022-10-06 Rita Matulionyte, Paul Nolan, Farah Magrabi, Amin Beheshti
Despite its exponential growth, artificial intelligence (AI) in healthcare faces various challenges. One of them is a lack of explainability of AI medical devices, which arguably leads to insufficient trust in AI technologies, quality, and accountability and liability issues. The aim of this paper is to examine whether, why and to what extent AI explainability should be demanded with relation to AI-enabled
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The beginning of EU political advertising law: unifying democratic visions through the internal market International Journal of Law and Information Technology Pub Date : 2022-09-10 Max Zeno van Drunen, Natalie Helberger, Ronan Ó Fathaigh
The regulation of political advertising has traditionally been a sensitive issue—unsurprisingly so, as it determines if and how political actors can pay to communicate with voters. Given the differences between national electoral systems and the lack of a consensus on the best regulatory approach, until recently neither the EU, the Council of Europe nor the European Court of Human Rights laid out strict
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Mind the compensation gap: towards a new European regime addressing civil liability in the age of AI International Journal of Law and Information Technology Pub Date : 2022-09-10 Sadie Whittam
As artificial intelligence (‘AI’) becomes pervasive, it is inevitable that there will be a corresponding increase in AI disputes. However, it is often no easy task to determine liability in AI-related disputes due to the unique features of many AI systems, including their complexity, opacity, and the ability of some AI systems to self-adapt. This paper considers the existing EU liability framework
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The real role of AI in patent law debates International Journal of Law and Information Technology Pub Date : 2022-03-01 Marta Duque Lizarralde,Héctor Axel Contreras
Abstract Artificial intelligence (AI) can be used to automate intellectual tasks through systematization, which renders it one of today’s most important technologies. Nevertheless, the capabilities of AI have been frequently overestimated. In the field of intellectual property, for instance, it has been debated how to protect ‘AI-generated inventions’, even though AI cannot invent without human intervention
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Pretrial risk assessment instruments in the US criminal justice system—what lessons can be learned for the European Union International Journal of Law and Information Technology Pub Date : 2022-03-01 Ante Novokmet,Zvonimir Tomičić,Zoran Vinković
Abstract This article explores the possibilities of using artificial intelligence (AI) in the European judicial area with a special emphasis on risk assessment instruments and the justification of their use in determining the likelihood that a defendant at large will seek to thwart the goal of criminal proceedings. In this regard, experiences in the application of various risk assessment instruments
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Internet Jurisdiction – Law and Practice by Julia Hörnle International Journal of Law and Information Technology Pub Date : 2022-03-01 Zoё Asser
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Defining legal technology and its implications International Journal of Law and Information Technology Pub Date : 2022-03-01 Ryan Whalen
Abstract Legal technological developments have been both lauded as the promising future of the law and derided as a danger to the fundamentals of justice. This article helps reconcile these divergent perspectives by providing a definition of legal technology and a framework through which to understand its different types and their potential implications for the legal system and society more generally
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Digital constitutionalism in the new era of Internet governance International Journal of Law and Information Technology Pub Date : 2022-03-01 Giovanni De Gregorio,Roxana Radu
Abstract Digital technologies are profoundly intertwined with constitutionalism. They are not only a sum of material and immaterial architecture, but also provide infrastructures to exercise freedoms and powers. Even if digital technologies are likely to remain the key driver of global transformations in the next decades, the current evolution of Internet governance promises to affect this relationship
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Ex machina: preliminary critical assessment of the European Draft Act on artificial intelligence International Journal of Law and Information Technology Pub Date : 2022-03-01 Vera Lúcia Raposo
Abstract This article will unpack the European Draft Act on Artificial Intelligence (AI), the first (both in Europe and in the world) far-reaching regulation in this domain. It categorizes AI systems in three (eventually four) levels of risk and it assigns to each level a particular legal framework, with its own limitations and obligations. The Draft Act was created for laudable purposes, namely to
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Cloud services and government digital sovereignty in Australia and beyond International Journal of Law and Information Technology Pub Date : 2022-01-13 Andrew D Mitchell, Theodore Samlidis
The Australian government has expressed concerns about various ‘data challenges’ confronting the public sector. Similar concerns are reverberating throughout the globe. Other governments continue to voice and act upon their own apprehensions about the threats posed to public and private society by attenuations to their nations’ ‘digital sovereignty’. This article critically examines the Australian
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Smart automotive technology adherence to the law: (de)constructing road rules for autonomous system development, verification and safety International Journal of Law and Information Technology Pub Date : 2022-01-10 Scott McLachlan, Martin Neil, Kudakwashe Dube, Ronny Bogani, Norman Fenton, Burkhard Schaffer
Driving is an intuitive task that requires skill, constant alertness and vigilance for unexpected events. The driving task also requires long concentration spans, focusing on the entire task for prolonged periods, and sophisticated negotiation skills with other road users including wild animals. Modern motor vehicles include an array of smart assistive and autonomous driving systems capable of subsuming
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Virtual assets: compelling a new anti-money laundering and counter-terrorism financing regulatory model International Journal of Law and Information Technology Pub Date : 2022-01-04 Alicia Schmidt
Virtual assets present unique Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) risks that have been overlooked by global regulation in the past. This article considers virtual assets’ potential as a new way to exchange value and the need for effective AML/CTF regulation. It analyses the emerging issues that will elevate the risks and considers the current global regulatory response including
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NFT, copyright and intellectual property commercialization International Journal of Law and Information Technology Pub Date : 2021-11-22 Ifeanyi E Okonkwo
Abstract The invention of disruptive technologies broadens the horizon of opportunities for intellectual property owners. The very idea of selling copyright works in a digital space and using the same to form a digital currency is disruptive. This is one opportunity Non-Fungible Token (NFT) offers. But that disruptiveness raises certain questions and provoke the consciousness to wonder if NFTs are
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The dark industry of data brokers: need for regulation? International Journal of Law and Information Technology Pub Date : 2021-11-09 Shivangi Mishra
Measuring the impact of harm when the perpetrator is a faceless company operating in the shadows is akin to walking in the dark. You never know what’s awaiting you next! The data brokering industry is one such instance, possessing against you, arguably the strongest weapon today—a secret digital twin or a digital doppelganger of your attributes. In the ever-growing digital economy, is there a need
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Towards a calibrated trust-based approach to the use of facial recognition technology International Journal of Law and Information Technology Pub Date : 2021-11-08 Gary K Y Chan
The use of facial recognition technology has given rise to much debate relating to issues concerning privacy infringements, bias and inaccuracies of data and outputs, possibilities of covert use, the lack of data security and the problem of function creep. Certain states and jurisdictions have called for bans and moratoria on the use of facial recognition technology. This article argues that a blanket
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AI ethical bias: a case for AI vigilantism (AIlantism) in shaping the regulation of AI International Journal of Law and Information Technology Pub Date : 2021-09-19 Ifeoma Elizabeth Nwafor
The debate on the ethical challenges of artificial intelligence (AI) is nothing new. Researchers and commentators have highlighted the deficiencies of AI technology regarding visible minorities, women, youth, seniors and indigenous people. Currently, there are several ethical guidelines and recommendations for AI. These guidelines provide ethical principles and humancentred values to guide the creation
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Understanding copyright issues entailing deepfakes in India International Journal of Law and Information Technology Pub Date : 2021-09-13 Purvi Nema
With increase in the scope, scale and sophistication of digitisation, the line between fake and real is blurred. In the recent years, digital disinformation in the form of fake news or morphed pictures/videos has become a new normal on internet. Adding to this list are the artificial intelligence generated-Deepfakes. The wide use of deepfakes in cinematography, fake pornography, political campaigns
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Fired for Facebook…terminated for Tinder: dismissal for social media misconduct in New Zealand International Journal of Law and Information Technology Pub Date : 2021-09-13 Sophie Sia, René Cornish, Kieran Tranter
This article reports the findings of a qualitative study of first instance New Zealand employment tribunal decisions concerned with employee dismissal for social media misconduct. There are two main findings. The first relates to the legal approach to employee dismissal for social media misconduct developing in New Zealand. The decisions show New Zealand decision-makers are following the approach in
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The remodelled intersection between copyright and antitrust law to straighten the bargaining power asymmetries in the digital platform economy International Journal of Law and Information Technology Pub Date : 2021-09-11 Vincenzo Iaia
This article provides an assessment of the interplay between copyright, contract freedom and antitrust law in the current digital platform economy, as it was settled by the European legal strategy for a (fair) digital single market. It primarily focuses on the Digital Single Market (DSM) Directive and the Digital Markets Act (DMA) Proposal, evaluating if competition law instruments represent exceptional
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Code is code and law is law—the law of digitalization and the digitalization of law International Journal of Law and Information Technology Pub Date : 2021-06-08 Jan Oster
The article argues for a sharp analytical distinction between the realms of technology and of law. The question to what extent the law ‘can’ be digitalized relates to technology, whereas the question to what extent it ‘may’ be digitalized falls within the realm of the law. Against this backdrop, it is argued that digital technology does not challenge the law fundamentally. Instead, the crucial questions
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Biometric encryption of smartphones: a charted ship in the ocean of adversarial system? International Journal of Law and Information Technology Pub Date : 2021-04-23 Kartikey Sanjeev Bhalotia, Divyansh Pareek
India has recently been flooded with smartphones having features of biometric encryption that allows users to encrypt the data on their devices using their biometric features, such as finger impressions or iris patterns. This technology assures users of precluding impermissible intrusions into their private data. However, this idea behind biometric encryption has witnessed critical considerations in
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Artificial intelligence and challenges for copyright law International Journal of Law and Information Technology Pub Date : 2021-04-10 Kariyawasam K.
AbstractThe question of who should own the copyright of a creative work by an artificial intelligence (Al) is as yet largely unanswered. Due to the author’s increased distance from the works being created, the granting of copyright protection to AI has not been forthcoming. This article assesses the prevalence of AI- and computer-generated works in which, beyond the initial input, the works produced
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Regulatory approaches to managing artificial intelligence systems in autonomous vehicles in Australia International Journal of Law and Information Technology Pub Date : 2021-04-01 Lilla Thiele-Evans, Blake Pepper, John Zeleznikow, Neil Foster, Tania Sourdin
This article explores the emergence of Automated Vehicles (AVs) in Australia. It will investigate the legal and regulatory terrain. International and domestic approaches are examined to determine potential responses. The regulatory issues emerge partly due to the varied nature of artificial intelligence systems and processes that enable AVs to function. The variations may be due to the chosen domain
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Law enforcement access to electronic evidence across borders: mapping policy approaches and emerging reform initiatives International Journal of Law and Information Technology Pub Date : 2021-01-28 Halefom H. Abraha
With the ubiquity of cloud computing, criminal investigations today—including exclusively domestic ones—often require access to data across borders. However, the traditional system of cross-border legal cooperation—the Mutual Legal Assistance system—is ill-suited to this development. There is a growing consensus that this system is unsustainable and needs to be reformed or replaced with new alternatives
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The territorial effect of the right to be forgotten after Google v CNIL International Journal of Law and Information Technology Pub Date : 2021-01-25 P.T.J. (Pieter) Wolters
Abstract In Google v CNIL, the Court of Justice has ruled that the right to be forgotten does not compel a search engine to delist a website in its non-European versions. At first sight, Google v CNIL therefore seriously undermines the effectiveness of the right to be forgotten. However, further analysis reveals that this conclusion is premature. First, the effectiveness depends on the requirements
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The common EU approach to personal data and cybersecurity regulation International Journal of Law and Information Technology Pub Date : 2021-01-25 Alessandro Mantelero, Giuseppe Vaciago, Maria Samantha Esposito, Nicole Monte
Several sector-specific studies on EU data protection and cybersecurity frameworks can be found in the literature, but their differing legal domains has hindered the development of a common analysis of the different sets of provisions from a business perspective. This article sets out to bridge this gap, providing a systematic review and a cross-cutting operational analysis of the main legal instruments
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Can public access to documents support the transparency of automated decision-making? The European Union law perspective International Journal of Law and Information Technology Pub Date : 2020-12-13 Joanna Mazur
ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right
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Intrusive tech-enabled surveillance and ‘National Security’ secrecy: mounting concerns of mass snooping amid informational asymmetry International Journal of Law and Information Technology Pub Date : 2020-12-11 Aryan Babele
Abstract The onset of technological innovations such as Big Data and Analytics is changing the ways in which law enforcement agencies police and investigate crimes in India. Pervasive technologies like smartphones, closed-circuit cameras, etc, coupled with such innovations have augmented abilities of law enforcement to identify, monitor and predict suspicious individuals and activities. However, the
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Work and works on digital platforms in capitalism: conceptual and regulatory challenges for labour and copyright law International Journal of Law and Information Technology Pub Date : 2020-10-16 Zoe Adams, Henning Grosse Ruse-Khan
This article explores the challenges associated with creative work in the digital economy at both a conceptual and practical level, through the conjoined lenses of labour law and copyright law. We begin by developing a conception of the capitalist work relation and the distinct struggles intrinsic to it. This allows us to better understand the functions of creative work in contemporary ‘digital’ capitalism
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A statutory right to explanation for decisions generated using artificial intelligence International Journal of Law and Information Technology Pub Date : 2020-08-25 Gacutan J, Selvadurai N.
AbstractAs artificial intelligence technologies are increasingly deployed by government and commercial entitles to generate automated and semi-automated decisions, the right to an explanation for such decisions has become a critical legal issue. As the internal logic of machine learning algorithms is typically opaque, the absence of a right to explanation can weaken an individual’s ability to challenge
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Smart contracts from the contract law perspective: outlining new regulative strategies International Journal of Law and Information Technology Pub Date : 2020-08-25 Filatova N.
AbstractSmart contracts nowadays start being widely used in various areas of economic and social life. In most cases smart contracts are somehow related to legal contracts: the former may constitute part of a legal contract, an entire contract, or be used to automate a contract performance. Meanwhile, a question whether modern contract law is applicable to smart contracts is rather debatable, since
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Restoring trust into the NHS: promoting data protection as an ‘architecture of custody’ for the sharing of data in direct care International Journal of Law and Information Technology Pub Date : 2020-08-20 Basu S, Guinchard A.
AbstractAiming to provide better, more personalized care, by harnessing the power of digitalization, the National Health Service (NHS) has employed a strategy of sharing its patients’ information with the private sector, raising questions as to whether it can be trusted as a custodian of its patients’ data. The development of the Streams application by DeepMind, a subsidiary of Google Health UK, illustrates
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New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere, by András Koltay International Journal of Law and Information Technology Pub Date : 2020-07-28 Ződi Z.
New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere, by András Koltay, Hart, 2019, ISBN: 978-1-50991-648-1, xx + 260 pp, £72.90.
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Consumer protection in cloud computing contracts stipulating non-monetary remuneration International Journal of Law and Information Technology Pub Date : 2020-01-01 Krzysztof Żok
Abstract The convenience of cloud services rapidly increases their popularity among consumers. Although the services are often marketed as free, the consumer may be required to provide remuneration. Instead of charging a fee, however, providers usually collect assets other than money, in particular consumer’s personal data. This raises serious questions about consumer protection which until recently
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The Personal Data Protection Bill, 2018: India’s regulatory journey towards a comprehensive data protection law International Journal of Law and Information Technology Pub Date : 2020-01-01 Deva Prasad M,Suchithra Menon C
Abstract This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory
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Telecommunications Law, by Ian Lloyd and David Mellor International Journal of Law and Information Technology Pub Date : 2020-01-01 Oles Andriychuk
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Rethinking liability rules for online hosting platforms International Journal of Law and Information Technology Pub Date : 2020-01-01 Miriam C Buiten,Alexandre de Streel,and Martin Peitz
Abstract With the growing economic and societal importance of online platforms, the question of their liability for illegal content or products they host becomes more important. Based on an analysis of platforms’ incentives, we address the appropriate liability rule for hosting service providers and derive policy recommendations for an efficient liability regime in the European Union. Online hosting
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Data protection and law enforcement access to digital evidence: resolving the reciprocal conflicts between EU and US law International Journal of Law and Information Technology Pub Date : 2020-01-01 Jessica Shurson
Abstract The rise in cloud computing has highlighted two separate, and often conflicting, needs for states—the need to protect the data of their citizens and the need of law enforcement authorities (LEAs) to access this data as evidence, often stored by service providers across borders. Both the US and European Union (EU) Member States have asserted that their domestic legal processes are adequate
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Towards a just Internet access: republican net neutrality for the EU International Journal of Law and Information Technology Pub Date : 2020-01-01 Johan Rochel
Abstract The issue of net neutrality has been the object of intense policy-making effort in EU institutions and in EU Member States. These efforts have led to the entry into force of EU Regulation 2015/2120 in 2016. This article aims to contribute to both legal discussion on this EU legislation and philosophical discussion on net neutrality. It relies upon a methodological approach conceived as a dialogue
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Internet Intermediaries and Trade Mark Rights, by Althaf Marsoof International Journal of Law and Information Technology Pub Date : 2020-01-01 Indranath Gupta