The Journal of Law and Information Science最新文献

{"title":"Court Decisions on the Internet: Development of a Legal Framework in Europe","authors":"M. V. Opijnen","doi":"10.2139/SSRN.2794167","DOIUrl":"https://doi.org/10.2139/SSRN.2794167","url":null,"abstract":"This paper discusses the gradual development of a legal framework in Europe regarding the publication and accessibility of court decisions on the internet. The evolving doctrine of the European Court of Human Rights on the public pronouncement of judgment is assessed, as are developments in national legislations with regard to the full or selected publication of case law. Specific attention is paid to data protection, Open Data and the European Case Law Identifier.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114978569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Defining Human Enhancement : Towards a Foundational Conceptual Tool for Enhancement Law","authors":"A. Nordberg","doi":"10.2139/SSRN.2768043","DOIUrl":"https://doi.org/10.2139/SSRN.2768043","url":null,"abstract":"Emerging technologies open the prospect of extraordinary interventions on the human body. These may go beyond what is strictly necessary to sustain health and well-being. While responding to social and ethical challenges of such advances, the Law simultaneously faces the challenge of reflecting on the legitimacy to legislate and on whether the existing legal framework is appropriate to address the various concerns. In order to do so, it is crucial to establish clear legal definitions. Precise distinctions between interventions on the human body are intrinsically difficult to formulate. However, subject-matter definitions are vital legal tools to determine what is currently regulated in established fields of law and whether there is room for a new legal field – Enhancement Law. This paper provides a reflection on the relevance of establishing a legal definition of human enhancement and to what extent different legal fields and jurisdictions may warrant different understandings of such concept. It reviews a number of different and often divergent concepts and taxonomies of human enhancement and concludes with the proposal and analysis of a definition: Use of technological means with the intention to improve, modify or introduce in the human body aesthetic features, physical, emotional or cognitive performance levels and abilities beyond the human species typical standards under the current evolutionary state, and resulting in induced permanent alterations in the human body.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114236580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sheherezade and the 101 Data Privacy Laws: Origins, Significance and Global Trajectories","authors":"G. Greenleaf","doi":"10.2139/SSRN.2280877","DOIUrl":"https://doi.org/10.2139/SSRN.2280877","url":null,"abstract":"It is forty years since Sweden’s Data Act 1973 was the first comprehensive national data privacy law, and the first such national law to implement what we can now recognize as a basic set of data protection principles. The core of this paper is the question 'How many countries now have data privacy laws?'. First, a definition is provided of a 'data privacy law', based largely on the requirements of the earliest international data protection instruments, the OECD privacy guidelines, and Council of Europe data protection Convention 108. 'Countries' are considered to include separate legal jurisdictions.The answer to the question – documented in the Global Table of data privacy laws at http://ssrn.com/abstract=2280875 - is that, as of mid-2013, 99 countries have such laws, a number considerably higher than earlier commentators had assumed. By looking at the related questions of the date at which such laws were enacted, and the regions of the world in which they have arisen, we can see trends in development which indicate the future direction of global development of data privacy laws. The conclusion reached is that, given the continuing accelerating growth in the number of such laws, it seems likely that, within a decade, data privacy laws will be ubiquitous in that they will be found in almost all economically more significant countries, and most others. This conclusion is supported by the number of official data privacy Bills currently before legislatures or under government consideration in at least 20 more countries.The article also analyses which international agreements or requirements concerning data privacy (OECD, EU directive and 'adequacy', APEC, ECOWAS etc) affect which countries, and how many relevant parties have enacted laws in accordance with the various agreements or requirements. The extent to which data protection authorities (DPAs) are required as part of data privacy laws is analysed, and existing DPAs identified. The associations of DPAs in which each is involved are also identified, and some conclusions drawn concerning their overlapping but incomplete memberships.In summary, this paper gives a global snapshot of data privacy laws and the international agreements relevant to each, and of Data Protection Authorities and their interlocking associations. A Postscript (September 2013) adds that the 100th and 101st have now come from Kazakhstan and South Africa. Sheherezade's work is complete.The Global Tables of Data Privacy Laws and Bills (3rd Ed, June 2013) analysed in this article are at http://ssrn.com/abstract=2280875","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134481865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Real and Substantial Connections: Enforcing Canadian Privacy Laws Against American Social Networking Companies","authors":"Colin J. Bennett, Christopher Parsons, Adam Molnar","doi":"10.2139/SSRN.2226647","DOIUrl":"https://doi.org/10.2139/SSRN.2226647","url":null,"abstract":"Any organization that captures personal data in Canada for processing is deemed to have a “real and substantial connection” to Canada and fall within the jurisdiction of the Personal Information Protection and Electronic Documents Act (PIPEDA) and of the Office of the Privacy Commissioner of Canada. What has been the experience of enforcing Canadian privacy protection law on US-based social networking services? We analyze some of the high-profile enforcement actions by the Privacy Commissioner. We also test compliance through an analysis of the privacy policies of the top 23 SNSs operating in Canada with the use of access to personal information requests. Most of these companies have failed to implement some of the most elementary requirements of data protection law. We conclude that an institutionalization of non-compliance is widespread, explained by the countervailing conceptions of jurisdiction inherent in corporate policy and technical system design.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130955131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Seductive Drones: Learning from a Decade of Lethal Operations","authors":"M. O’Connell","doi":"10.5778/JLIS.2011.21.OCONNELL.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.OCONNELL.1","url":null,"abstract":"Late on 1 May 2011, in Washington, DC, President Barack Obama announced that United States Special Forces had killed Osama bin Laden in his home in the quiet Pakistani town of Abbottabad. As details emerged, human rights experts began to question the legality of the killing, specifically whether Bin Laden could have been captured, rather than killed. Just a few days later, the New York Times reported that the US had carried out drone strikes in Pakistan and Yemen, killing as many as 15 persons in Pakistan and two in Yemen. Plainly, no person killed in the drone strikes in the days following events in Abbottabad was as dangerous as bin Laden. Yet, few questioned those killings, in contrast to bin Laden's. Could the targeted persons have been captured rather than killed? A decade after the United States first began using drones for lethal operations complacency about their use may be taking hold. Many Americans, as well as citizens of other countries, may now accept that killing with drones far from armed conflict hostilities is both a legally and morally acceptable practice.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127923203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Taking Humans Out of the Loop: Implications for International Humanitarian Law","authors":"Markus Wagner","doi":"10.5778/JLIS.2011.21.WAGNER.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.WAGNER.1","url":null,"abstract":"Written as a comment to Brendan Gogarty’s and Meredith Hagger’s 2008 article entitled The Laws of Man over Vehicles Unmanned: The Legal Response to Robotic Revolution on Sea, Land and Air, this brief article explores the international humanitarian law implications of the growing trend toward the deployment of autonomous weapon systems. It argues that while technological development has been impressive and continues to advance at a rapid pace, computer technology’s ability to make qualitative determinations is structurally difficult, if not impossible. In light of this, the deployment of fully autonomous weapon systems is illegal, quite apart from the ethical and political challenges that this development presents.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129353639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Virtual Construction of Legality: ‘Griefing’ & Normative Order in Second Life","authors":"Eric M. Fink","doi":"10.5778/JLIS.2011.21.FINK.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.FINK.1","url":null,"abstract":"This article examines the construction of legality in a virtual world, seeking to under-stand how informal social order emerges as residents construct meaning around interpersonal conflicts and interact on the basis of such meaning. ‘Griefing’, a form of disruptive behavior common to virtual worlds, provides a lens through which to investigate emergent social norms and boundaries in the virtual world of Second Life. Identifying and distinguishing rhetorical frames in Second Life residents’ understandings of and responses to griefing, the study aims to elucidate the social meaning of griefing and its place in the construction and maintenance of social order.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126706787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"UVs, Network-centric Operations, and the Challenge for Arms Control","authors":"A. Krishnan","doi":"10.5778/JLIS.2011.21.KRISHNAN.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.KRISHNAN.1","url":null,"abstract":"The development of unmanned aerial vehicles (UAVs) and other unmanned vehicles (UVs) goes back at least a hundred years. During the Cold War they were used primarily for reconnaissance missions over heavily defended territories. In more recent times modern armed forces have begun to arm UVs and there is now the prospect that conventional wars (and not just nuclear wars) could be fought by remote control across continents. Defensive and reconnaissance roles for UVs seem to be far less ethically and legally problematic than the new offensive roles that UVs are gradually taking over. The growing autonomy of armed UVs is a particular concern as it raises the spectre of Terminators that can decide by themselves when to attack and what target to engage. As pointed out in the pr cis article, although we are still a long way from fully autonomous UVs, there are good reasons to assume that full autonomy for military UVs could materialise in the future because of rapid technological progress and because of considerations relating to military effectiveness. In the absence of relevant laws for restricting military UVs there could be serious negative consequences, such as increased dangers for civilians as a result of out of control robots, an increased propensity towards the use of force as a result of a combination of low political costs and a 'Playstation' mentality that makes killing too easy, and even the increased danger of accidental war triggered by automated defensive systems. At the same time, Brendan Gogarty and Meredith Hagger expressed hope that '[t]here is still a chance to at least shape the way UVs are used and how far they proliferate within militaries and beyond.'","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132469883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Automating warfare: Lessons learned from the drones","authors":"N. Sharkey","doi":"10.5778/JLIS.2011.21.SHARKEY.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.SHARKEY.1","url":null,"abstract":"War fighting is currently undergoing a revolution. The use of robotics platforms for carrying weapons is coming on track at an increasing rate. US plans from all of the armed forces indicate a massive build up of military robots and at least 50 other countries have either bought them or have military robotics programmes. Currently all armed robots in the theatre of war are remotely controlled by humans; so called man-in-the-loop systems. Humans are responsible for both target selection and decisions about lethal force. But this is set to change. The role of the person in the loop will shrink and eventually vanish. But are we ready for this step? Do we understand the limits of the technology and how massive increases in the pace of battle will leave human responsibility in the dark? Before moving to autonomous operation we need to consider the lessons learned from the application of the current remotely piloted armed robots. Four areas are considered here: (i) moral disengagement; (ii) targeted killings in covert operations; (iii) expansion of the battle space; (iv) the illusion of accuracy.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125429920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Laws of Man Over Vehicles Unmanned: The Legal Response to Robotic Revolution on Sea, Land and Air","authors":"B. Gogarty, Meredith C. Hagger","doi":"10.5778/JLIS.2011.21.GOGARTY.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.GOGARTY.1","url":null,"abstract":"Unmanned vehicles (UVs) have rapidly gained prominence in both military and civilian spheres over the last decade. This paper argues that the use of such technology challenges the boundaries and efficacy of existing legal frameworks and raises a range of social and ethical concerns. Despite this, there has been relatively little legal debate on the consequences of removing human operators from vehicles. This is a growing concern, given that unmanned vehicles are now a practical reality in many diverse environments across the globe. This article therefore provides an overview of some of the legal, social and ethical issues presented by unmanned vehicles as a precis to further discussion in a special edition of this journal.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121854299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}