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The judge, the AI, and the Crown: a collusive network Information & Communications Technology Law (IF 1.8) Pub Date : 2024-07-18 Beenish Chaudhary, Patricia Covarrubia, Gar Yein Ng
The article examines the potential implications of ChatGPT ChatGPT (Generative Pre-trained Transformer) [Alec Radford and others, ‘Improving Language Understanding by Generative Pre-Training’ Amazo...
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Legal implications of using generative AI in the media Information & Communications Technology Law (IF 1.8) Pub Date : 2024-07-01 Judit Bayer
Generative AI is increasingly being used, among others also in the professional media industry. This article provides an overview of the main ethical and legal challenges regarding content generate...
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When objects betray you: the Internet of Things and the privilege against self-incrimination Information & Communications Technology Law (IF 1.8) Pub Date : 2024-05-28 Florian Nicolai, Marie-Helen Maras, Jens Trautmann, Janine Schneider
The introduction of IoT data in court without the consideration of its impact on the privilege against self-incrimination leads to the restriction of this fundamental right of the accused, who some...
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AI providers as criminal essay mills? Large language models meet contract cheating law Information & Communications Technology Law (IF 1.8) Pub Date : 2024-05-20 Noëlle Gaumann, Michael Veale
Many jurisdictions have passed very broadly drafted laws to tackle academic integrity issues, criminalising the provision or advertising of contract cheating or essay mills, such as the Skills and ...
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The right to control the autocomplete function Information & Communications Technology Law (IF 1.8) Pub Date : 2024-05-20 Ewa Milczarek
The development of the Internet, though it brings many benefits, it also brings threats to rights and freedoms and the right to privacy is usually its ‘prey’. Internet search engines are one of the...
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Rule-based versus AI-driven benefits allocation: GDPR and AIA legal implications and challenges for automation in public social security administration Information & Communications Technology Law (IF 1.8) Pub Date : 2024-05-09 Lena Enqvist
This article focuses on the legal implications of the growing reliance on automated systems in public administrations, using the example of social security benefits administration. It specifically ...
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From object obfuscation to contextually-dependent identification: enhancing automated privacy protection in street-level image platforms (SLIPs) Information & Communications Technology Law (IF 1.8) Pub Date : 2024-02-27 Mark Burdon, Tegan Cohen, Josh Buckley, Michael Milford
Street-level image platforms (SLIPs) employ indiscriminate forms of data collection that include potentially privacy invasive images. Both the scale and the indiscriminate nature of data collection...
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Balancing the autonomy and protection of children: competency challenges in data protection law Information & Communications Technology Law (IF 1.8) Pub Date : 2024-02-27 Henry Pearce, Cheryl Buck
This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner's Office (ICO) guidelines, the art...
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Fidelity in legal coding: applying legal translation frameworks to address interpretive challenges Information & Communications Technology Law (IF 1.8) Pub Date : 2024-02-13 Nicholas Godfrey, Mark Burdon
There is rapidly developing interest in legal coding, the development of machine-consumable code representations of legal rules. However, interpretive ambiguities inherent in legal rules make it ch...
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The role of corporate social responsibility in the regulation of OTT platforms: the case of film industry and Turkish corporate law Information & Communications Technology Law (IF 1.8) Pub Date : 2024-02-08 Murat Can Pehlivanoğlu
Among the types of on-demand broadcasting, Over-The-Top video streaming services (‘OTT platforms’) refer to media service providers that provide content and applications, including communication se...
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The regulation of cloud computing: why the European Union failed to get it right Information & Communications Technology Law (IF 1.8) Pub Date : 2023-10-10 Konstantina Bania, Damien Geradin
Cloud computing brings important benefits and it is expected to play a key role in facilitating the uptake of emerging technologies and applications, including artificial intelligence, blockchain, ...
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Competitive advantage in the international market of laws: the case of copyright law Information & Communications Technology Law (IF 1.8) Pub Date : 2023-09-22 Saleh Al-Sharieh
This article identifies efficiency, certainty, and agility as essential facilitators of a copyright system’s ability to attract foreign direct investment (FDI) to the cultural and creative industri...
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African data trusts: new tools towards collective data governance? Information & Communications Technology Law (IF 1.8) Pub Date : 2023-09-22 Nokuthula Olorunju, Rachel Adams
New tools are being explored to provide collective and participatory means of governing data to promote the management of data in ways that benefit those from whom data is collected. This paper dis...
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Silenced voices: unravelling India’s dissent crisis through historical and contemporary analysis of free speech and suppression Information & Communications Technology Law (IF 1.8) Pub Date : 2023-08-31 Subhajit Basu, Shameek Sen
In India, the world’s largest democracy, the right to express dissenting opinions has come under increasing pressure due to governmental reactions to violent and non-violent activities and oppositi...
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Increasing transparency around facial recognition technologies in law enforcement: towards a model framework Information & Communications Technology Law (IF 1.8) Pub Date : 2023-08-30 Rita Matulionyte
Law enforcement authorities around the world are increasingly trialing or using facial recognition technologies (FRT). Their use has raised many legal and ethical challenges, one of which is a lack...
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‘Look at the camera and say cheese’: the existing European legal framework for facial recognition technology in criminal investigations Information & Communications Technology Law (IF 1.8) Pub Date : 2023-07-25 Vera Lúcia Raposo
Facial recognition technology represents the state of the art in modern criminal investigations. However, the legal position regarding its use in Europe remains unclear. This ambiguity is not becau...
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The implications and effects of ChatGPT on academic scholarship and authorship: a death knell for original academic publications? Information & Communications Technology Law (IF 1.8) Pub Date : 2023-07-25 Ayodele Morocco-Clarke, Fadila Abubakar Sodangi, Fatima Momodu
ChatGPT, an artificial intelligence large language model, took the world by storm in November 2022. Its launch was met with excitement, and it garnered over 1 million users within the first five da...
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Expert perspectives on GDPR compliance in the context of smart homes and vulnerable persons Information & Communications Technology Law (IF 1.8) Pub Date : 2023-07-07 Stanislaw Piasecki
ABSTRACT This article introduces information gathered through 21 semi-structured interviews conducted with UK, EU and international professionals in the field of General Data Protection Regulation (GDPR) compliance and technology design, with a focus on the smart home context and vulnerable people using smart products. Those discussions gave various insights and perspectives into how the two communities
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Spectrum regulation and frequency allocation in the context of a smart city – using the regulatory approach in Finland as an example Information & Communications Technology Law (IF 1.8) Pub Date : 2023-05-13 Sara Lehtilä, Anette Alén, Päivi Korpisaari, Heidi Himmanen
ABSTRACT Smart cities rely on data, wireless technology, and connectivity; therefore, the radio spectrum is essential for their future development. This article provides an overview of the regulatory framework and relevant actors related to spectrum use, thereby promoting foreseeability and thus investment in the smart city ecosystem. The focus is the EU-level, but due to the importance of national
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The artificial intelligence entity as a legal person Information & Communications Technology Law (IF 1.8) Pub Date : 2023-04-22 Jasper Doomen
ABSTRACT This article discusses the legal position of an Artificial Intelligence Entity (AIE) that is able to create something novel, like an artwork. Rather than examining a fictitious being, I inquire the position of human beings, comparing it with that of a conceivable AIE. The nature of an AIE in terms of matter and mind is compared with that of a human being, after which it is inquired whether
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Artificial intelligence, inventorship and the myth of the inventing machine: Can a process be an inventor? Information & Communications Technology Law (IF 1.8) Pub Date : 2022-12-08 Maria Lada
ABSTRACT Institutional and academic debates have intensified regarding the recent efforts to claim inventorship of AI-related patent applications, as has notably been seen in the known cases of Thaler v Comptroller (‘DABUS’) that have been examined in various jurisdictions. The pertinent question that has emerged is whether artificial intelligence systems can independently produce patentable subject
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Artificially intelligent sex bots and female slavery: social science and Jewish legal and ethical perspectives Information & Communications Technology Law (IF 1.8) Pub Date : 2022-12-06 Daniel Sinclair, Tracey Dowdeswell, Nachshon (Sean) Goltz
ABSTRACT In this paper, we shed light on the question of whether it is morally permissible to enslave artificially intelligent entities by looking at up to date research from the social sciences – as well as the ancient lessons from Jewish law. The first part of the article looks at general ethical questions surrounding the ethics of AI and slavery by looking at contemporary social science research
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Ensuring AI explainability in healthcare: problems and possible policy solutions Information & Communications Technology Law (IF 1.8) Pub Date : 2022-11-14 Tatiana de Campos Aranovich, Rita Matulionyte
ABSTRACT AI promises to address health services’ quality and cost challenges, however, errors and bias in medical devices decisions pose threats to human health and life. This has also led to the lack of trust in AI medical devices among clinicians and patients. The goal of this article is to assess whether AI explainability principle established in numerous ethical AI frameworks can help address these
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From black to white: the regulation of ethical hacking in Spain Information & Communications Technology Law (IF 1.8) Pub Date : 2022-10-21 Cristina Del-Real, María José Rodriguez Mesa
ABSTRACT Cyber-attacks are exponentially growing, and their impact on systems, people, and organizations increases. Among other challenges, cyber-attacks prevention must tackle the fact that many software systems are marketed with security vulnerabilities due to the companies’ need to reduce time-to-market. One strategy to reduce security vulnerabilities is ethical hacking. However, while ethical hacking
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Regulating tech-sex and managing image-based sexual abuse: an Australian perspective Information & Communications Technology Law (IF 1.8) Pub Date : 2022-09-01 Anne-Maree Farrell, Nicole Shackleton, Elizabeth Agnew, Samantha Hopkins, Jennifer Power
ABSTRACT A range of technologies now exist to facilitate sexual desire, pleasure and intimacy. Colloquially known as tech-sex, the growth in the use of such technologies has created a range of new opportunities for sexual expression and connection. Alongside these benefits are harms arising out of their non-consensual use. Drawing on a case study examining management of image-based sexual abuse as
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The limits of explainability & human oversight in the EU Commission’s proposal for the Regulation on AI- a critical approach focusing on medical diagnostic systems Information & Communications Technology Law (IF 1.8) Pub Date : 2022-08-29 Daria Onitiu
ABSTRACT The EU Commission’s proposal for the Regulation on Artificial Intelligence, whilst providing important specifications on the importance of transparency of high-risk systems, falls short in providing a nuanced picture of how technical safeguards in Articles 13 and 14 in the proposal should be translated to AI systems operating on the ground. This paper focusing on medical diagnostic systems
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NFTs and the enclosure of the digital realm Information & Communications Technology Law (IF 1.8) Pub Date : 2022-08-16 Tracey Dowdeswell, Nachshon (Sean) Goltz
ABSTRACT This paper will first describe some of the unique features of blockchain technology and ‘smart contracts’ used in NFTs. Next, we discuss four ways in which the economic and social potential of NFTs can be derailed, leading to ‘digital enclosures’ whereby large institutional copyright holders reap most of these benefits for themselves through illegitimate – and sometimes unlawful – rent-seeking
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Discrimination, stigmatization, and surveillance: COVID-19 and social sorting Information & Communications Technology Law (IF 1.8) Pub Date : 2022-07-20 Marie-Helen Maras, Wendy O’Brien
ABSTRACT The unprecedented global public health crisis posed by the COVID-19 pandemic has caused mass upheaval of social, educational, financial, health, and justice systems around the world. Technological and other responses at the national, regional, and international level, designed to contain the spread of COVID-19, have also significantly interrupted the way that we live, work, and interact. This
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Technology and regulation: which is the tail and which is the dog? Information & Communications Technology Law (IF 1.8) Pub Date : 2022-07-08 Brian Simpson, Lisa Collingwood
Published in Information & Communications Technology Law (Vol. 31, No. 3, 2022)
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Privacy boundaries in digital space: an exercise in responsibilisation Information & Communications Technology Law (IF 1.8) Pub Date : 2022-07-05 Mo Egan
ABSTRACT In digital space, the boundaries of privacy are often amorphous, symptomatic of human actors’ developing relationship with virtual spaces. As a result, those with little exposure to digital space may simply transplant their ‘real world’ expectations, whereas those who immerse themselves may assimilate a new perspective on privacy. Firstly, this paper considers the need for comparative research
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The role of Artificial Intelligence in Online Dispute Resolution: A brief and critical overview Information & Communications Technology Law (IF 1.8) Pub Date : 2022-06-16 Hibah Alessa
ABSTRACT The growth of online dispute resolution can be seen both in real terms, via the development of systems to deal with lowcomplexity disputes, and theoretically, with many commentators arguing that such systems represent the future of dispute resolution and the law as a whole. At the same time, substantial developments have been made in the use of artificial intelligence to aid online dispute
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‘Electronic communications media: how to regulate the hate!’ Information & Communications Technology Law (IF 1.8) Pub Date : 2022-06-16 Lisa Collingwood
ABSTRACT Information technology presents the law with ongoing challenges because of its ability to capture, debate and discuss the most intimate aspects of peoples’ lives. This article will consider whether, given the ease and lack of thought processes behind many online communications, the current statutory regulations in the UK are fit for purpose. In particular, it evaluates the consequences of
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The coming of the storm: moral panics, social media and regulation in the QAnon era Information & Communications Technology Law (IF 1.8) Pub Date : 2022-06-16 Mark O’Brien
ABSTRACT The presidency of Donald Trump was marked by a period of populist and sometimes extremist right-wing policies and rhetoric, and an escalation of ‘culture wars’ between the left and right in politics and society. He also gained the devoted support of numerous right-wing and so-called alt-right groups, such as QAnon, a conspiracy theory group that first emerged in 2017. This paper takes the
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Online safety and identity: navigating same-sex male social “dating” apps and networks Information & Communications Technology Law (IF 1.8) Pub Date : 2022-06-14 Cameron Giles, Chris Ashford, Kevin J. Brown
ABSTRACT For gay, queer and bisexual men, and men who have sex with men (MSM), the presence of apps such as Grindr, Scruff, Tinder, Recon, and others have long represented a complex online ecosystem in which identities are formed and constructed in a space intensely governed by social, contractual, and – increasingly – criminal law backed regulation and norms. The publication of the UK Government's
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Social conceptions versus legal protections of privacy and information security in the context of encryption Information & Communications Technology Law (IF 1.8) Pub Date : 2022-06-14 Michael Anthony C. Dizon
ABSTRACT This article examines the disconnect between people’s social conceptions of privacy and information security in relation to encryption vis-à-vis the legal protections offered by law. It describes the social conceptions and expectations of participants based in New Zealand and contrasts these with the applicable laws and legal protections concerning privacy, information security and encryption
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Content-filtering AI systems–limitations, challenges and regulatory approaches Information & Communications Technology Law (IF 1.8) Pub Date : 2022-05-26 Althaf Marsoof, Andrés Luco, Harry Tan, Shafiq Joty
ABSTRACT Online service providers, and even governments, have increasingly relied on Artificial Intelligence (‘AI’) to regulate content on the internet. In some jurisdictions, the law has incentivised, if not obligated, service providers to adopt measures to detect, track, and remove objectionable content such as terrorist propaganda. Consequently, service providers are being pushed to use AI to moderate
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(Do not) remember my face: uses of facial recognition technology in light of the general data protection regulation Information & Communications Technology Law (IF 1.8) Pub Date : 2022-03-21 Vera Lúcia Raposo
ABSTRACT Facial recognition technology is a state-of-the-art digital tool widely used by private and public entities. Its benefits are notable, but the challenges that it presents cannot be overlooked, as this paper will expose. In Europe, a major challenge is ensuring compliance with the General Data Protection Regulation, starting with the search of a proper legal ground for data processing and the
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Starlinked! An analysis of SpaceX’s small satellite mega-constellation under the Fourth Amendment Information & Communications Technology Law (IF 1.8) Pub Date : 2022-01-06 Khushboo Bhatia
ABSTRACT Private commercialization is making broadband internet accessible through a new frontier: space. Space Exploration Holdings, LLC (SpaceX), is launching a mega-constellation of thousands of small-satellites into low-Earth orbit to provide fixed-satellite service across the globe. In order to do so, SpaceX was required to receive a license from the Federal Communications Commission (FCC). The
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Internet, consumer contracts and private international law: what constitutes targeting activity test? Information & Communications Technology Law (IF 1.8) Pub Date : 2021-12-21 Zhen Chen
ABSTRACT A foreign business is subject to consumer jurisdiction and applicable law rules provided in Articles 17–19 Brussels Ibis Regulation and Article 6 Rome I Regulation only if it conducts commercial activities targeted at the consumer’s home country. This paper aims to answer the question what constitutes targeting activity test, especially in the context of the Internet and E-commerce, for the
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The deployment of artificial intelligence in alternative dispute resolution: the AI augmented arbitrator Information & Communications Technology Law (IF 1.8) Pub Date : 2021-10-31 Josephine Bhavani Rajendra,Ambikai S. Thuraisingam
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Policing faces: the present and future of intelligent facial surveillance Information & Communications Technology Law (IF 1.8) Pub Date : 2021-10-28 Lachlan Urquhart,Diana Miranda
In this paper, we discuss the present and future uses of intelligent facial surveillance (IFS) in law enforcement. We present an empirical and legally focused case study of live automated facial recognition technologies (LFR) in British policing. In Part I, we analyse insights from 26 frontline police officers exploring their concerns and current scepticism about LFR. We analyse recent UK case law
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Encryption laws and regulations in one of the Five Eyes: the case of New Zealand Information & Communications Technology Law (IF 1.8) Pub Date : 2021-10-06 Michael Anthony C. Dizon,Philip James McHugh
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The dilemma of information consumers’ protection under the copyright law: the problem and possible reforms Information & Communications Technology Law (IF 1.8) Pub Date : 2021-09-23 Firas Kasassbeh
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Question: ‘how about dinner?’ Answer: ‘’ what have you just agreed to? Information & Communications Technology Law (IF 1.8) Pub Date : 2021-09-02 David E. Missirian
ABSTRACT The modern day use of emojis and emoticons has become so prevalent that it is now a new language and form of communication which must be legally acknowledged and integrated into our legal system. Our failure to anticipate and incorporate new modes and methods of communication will ultimately make our legal system less responsive to our society’s needs and further the divide between our society
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A hard fork in the road: developing an effective regulatory framework for public blockchains Information & Communications Technology Law (IF 1.8) Pub Date : 2021-07-27 Stephen Penzo,Niloufer Selvadurai
Over the past decade, public blockchains have emerged as innovative, technology platforms capable of highly secure and sophisticated peer-to-peer online transmission of data between unknown parties...
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Approaching the human in the loop – legal perspectives on hybrid human/algorithmic decision-making in three contexts Information & Communications Technology Law (IF 1.8) Pub Date : 2021-07-27 Therese Enarsson,Lena Enqvist,Markus Naarttijärvi
ABSTRACT Public and private organizations are increasingly implementing various algorithmic decision-making systems. Through legal and practical incentives, humans will often need to be kept in the loop of such decision-making to maintain human agency and accountability, provide legal safeguards, or perform quality control. Introducing such human oversight results in various forms of semi-automated
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‘They’re all about pushing the products and shiny things rather than fundamental security’:Mapping socio-technical challenges in securing the smart home Information & Communications Technology Law (IF 1.8) Pub Date : 2021-07-22 Jiahong Chen,Lachlan Urquhart
ABSTRACT Insecure connected devices can cause serious threats not just to smart home-owners, but also the underlying infrastructural network. There has been increasing academic and regulatory interest in addressing cybersecurity risks from both the standpoint of IoT vendors and that of end-users. In addition to the current data protection and network security legal frameworks, for example, the UK government
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The legal content of a white paper for an ICO (initial coins offering) Information & Communications Technology Law (IF 1.8) Pub Date : 2021-07-05 Sergey Kasatkin
ABSTRACT Clear legal content of white papers provides certainty, stability and trust in the relations between all the participants in initial coins offering (ICO) procedures and contributes to the successful introduction of blockchain technologies in business. A white paper defines the relationship and interaction between a regulated social reality and program code, which is by itself not susceptible
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Common carriers and public utilities in the digital ecosystem: Unravelling the taxonomy on a quest for better regulation Information & Communications Technology Law (IF 1.8) Pub Date : 2021-06-21 Riccardo Tremolada
Calls for “public utility–style” regulation (and “common carriage,” as the two terms are – erroneously – often used interchangeably) are increasingly expanding into policy debates concerning all la...
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The lawful sharing of health research data in South Africa and beyond Information & Communications Technology Law (IF 1.8) Pub Date : 2021-04-19 Beverley Townsend
ABSTRACT Personal information, in particular health-related information, used in conjunction with data analytics and shared with researchers, is a valuable tool in health research and development. In light of the public health emergency arising from the COVID-19 pandemic and new African data protection laws, this paper addresses the regulation of data sharing and transfer. Three broad questions addressed
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How much is too much: the difficulties of social media content moderation Information & Communications Technology Law (IF 1.8) Pub Date : 2021-03-26 Greyson K. Young
ABSTRACT Recent events, including the 2020 Presidential Election and the Insurrection of the U.S. Capitol, have shown us that social media can be used for darker purposes. Hate speech, fake news, and content inciting violence have become the unfortunate norm when scrolling through one’s newsfeed. Platforms have had to face the issue of dealing with objectionable content such as this. Should they leave
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License and registration: how both property and contract legal frameworks fall short on interpreting domain name registration under the US Anticybersquatting Act Information & Communications Technology Law (IF 1.8) Pub Date : 2021-02-26 Chris A. Huff
ABSTRACT What are a re-registrant's rights to an Internet domain name under the US Anti-Cybersquatting Consumer Protection Act? Circuit courts of appeals have split on the question of whether to view Internet domain name re-registrations as intangible property (Ninth Circuit) or under a contract framework (Third and Eleventh Circuits). But it turns out that both of these views fall short. The property
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Smart contracts: between freedom and strict legal regulation Information & Communications Technology Law (IF 1.8) Pub Date : 2021-02-23 Liudmila (Lyudmila) Efimova,Olga Sizemova,Alexey Chirkov
ABSTRACT This paper aims to show that computer software known as ‘smart contract' can help achieve various goals. First, the software can be used as a means of executing a traditional contract. Second, smart contracts may help enforce the law. Third, the software can act as a means of concluding and executing a contract. In this case, a smart contract can replace a written one. Consequently, the entire
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Deep learning artificial intelligence and the law of causation: application, challenges and solutions Information & Communications Technology Law (IF 1.8) Pub Date : 2021-02-22 Zhao Yan Lee,Mohammad Ershadul Karim,Kevin Ngui
ABSTRACT Artificial Intelligence technology has rapidly advanced in this era. Many of the AI appliances nowadays have been infused with abilities to self-develop their knowledge and self-enhance their operational precision through machine learning. The emergence of deep learning technology, a sub-set of machine learning, which observes AI mimicking after the way a human brain functions, presents an
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Online dispute resolution in e-commerce: is consensus in regulation UNCITRAL’s utopian idea or a realistic ambition? Information & Communications Technology Law (IF 1.8) Pub Date : 2021-02-05 Constantina Sampani
ABSTRACT The rigorous deliberations of the United Nations Commission on International Trade Law to create a global regulatory framework for Online Dispute Resolution have failed to generate a consensus. This paper analyses whether UNCITRAL’s ambition to develop an inclusive ODR regulatory platform has considered the complexities of cutting across cultural boundaries and power (im)balances. The objective
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Procedural law for the data-driven society Information & Communications Technology Law (IF 1.8) Pub Date : 2021-01-20 Bart van der Sloot,Sascha van Schendel
ABSTRACT Large-scale data applications are becoming an increasingly integral part of how both public and private sector organisations function. The transition towards a data-driven society means that processes within organisations will be organised structurally differently than they used to be and that decision-making will be based on profiles and algorithms more often than not. This change requires
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How can state regulations over the online sphere continue to respect the freedom of expression? A case study of contemporary ‘fake news’ regulations in Thailand Information & Communications Technology Law (IF 1.8) Pub Date : 2021-01-11 Pattamon Anansaringkarn,Ric Neo
ABSTRACT The fake news crisis has raised questions about the role of state regulation in curbing misinformation, as well as the responsibilities tech companies should shoulder. In engaging with debates on digital governance, this article has two key focuses: first, what are the problems associated with the lack of state regulations in the digital sphere – where technology companies have unprecedented
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Online personalised pricing as prohibited automated decision-making under Article 22 GDPR: a sceptical view Information & Communications Technology Law (IF 1.8) Pub Date : 2020-12-14 Benjamin Wong
ABSTRACT Article 22 GDPR imposes a prima facie prohibition on certain forms of automated decision-making. It has been suggested that Article 22 GDPR may prohibit online personalised pricing, as online personalised pricing involves the making of automatic pricing decisions based on customers’ personal data. However, this paper will argue that Article 22 GDPR should not be relied upon to constrain online
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Property ownership and the legal personhood of artificial intelligence Information & Communications Technology Law (IF 1.8) Pub Date : 2020-12-10 Rafael Dean Brown
ABSTRACT This paper adds to the discussion on the legal personhood of artificial intelligence by focusing on one area not covered by previous works on the subject – ownership of property. The author discusses the nexus between property ownership and legal personhood. The paper explains the prevailing misconceptions about the requirements of rights or duties in legal personhood, and discusses the potential
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Artificial intelligence and legal liability: towards an international approach of proportional liability based on risk sharing Information & Communications Technology Law (IF 1.8) Pub Date : 2020-12-04 Mohammad Bashayreh, Fadi N. Sibai, Amer Tabbara
ABSTRACT This paper critically examines the allocation of liability when autonomous artificial intelligence (AI) systems cause accidents. Problems of applying existing principles of legal liability in AI environment are addressed. This paper argues that the sharing of risk as a basis for proportionate liability should be a basis for a new liability regime to govern future autonomous machines. It is