Law, Technology and Humans最新文献_第2页

Ariane Ollier-Malaterre (2023) Living with Digital Surveillance in China: Citizens’ Narratives on Technology, Privacy, and Governance. Routledge Studies in Surveillance Ariane Ollier-Malaterre (2023) Living with Digital Surveillance in China：公民关于技术、隐私和治理的叙述。监控研究》（Routledge Studies in Surveillance

Law, Technology and Humans Pub Date : 2023-11-21 DOI: 10.5204/lthj.3071

Alexander Trauth-Goik

引用次数: 0

New Cybersecurity Requirements for Medical Devices in the EU: The Forthcoming European Health Data Space, Data Act, and Artificial Intelligence Act 欧盟对医疗设备的新网络安全要求：即将出台的欧洲健康数据空间、数据法案和人工智能法案

Law, Technology and Humans Pub Date : 2023-11-21 DOI: 10.5204/lthj.3068

Elisabetta Biasin, Burcu Yaşar, Erik Kamenjašević

{"title":"New Cybersecurity Requirements for Medical Devices in the EU: The Forthcoming European Health Data Space, Data Act, and Artificial Intelligence Act","authors":"Elisabetta Biasin, Burcu Yaşar, Erik Kamenjašević","doi":"10.5204/lthj.3068","DOIUrl":"https://doi.org/10.5204/lthj.3068","url":null,"abstract":"The regulation of cybersecurity for medical devices keeps evolving in the European Union (EU). In the past few years, new pieces of legislation have been added to the initial framework for medical device cybersecurity, including the Medical Device Regulation, the General Data Protection Regulation and the Cybersecurity Act. The Artificial Intelligence Act, the European Health Data Space Regulation and the Data Act are forthcoming laws that contain cybersecurity-related requirements applicable to medical devices. This article examines the requirements stemming from each of these, as well as their role vis-a-vis the existing legal framework. We observe that despite being comprehensive and wide ranging in their changes, these new regulations may be inadequate for the task of ensuring the cybersecurity of medical devices. In our view, this approach by the EU legislature is inadequate because it fails to foresee cybersecurity requirements in a way that is truly linked with the already existing cybersecurity laws. To help address this problem, the article offers a set of workable recommendations that EU legislators would be well advised to take on board in respect of specific regulations, as well as in general, when establishing cybersecurity-related requirements.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139254610","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}

引用次数: 0

The Shape of Medical Devices Regulation in the United Kingdom? Brexit and Beyond 英国医疗器械监管的形式？英国脱欧及其后

Law, Technology and Humans Pub Date : 2023-11-21 DOI: 10.5204/lthj.3102

Muireann Quigley, Laura Downey, Zaina Mahmoud, Jean McHale

{"title":"The Shape of Medical Devices Regulation in the United Kingdom? Brexit and Beyond","authors":"Muireann Quigley, Laura Downey, Zaina Mahmoud, Jean McHale","doi":"10.5204/lthj.3102","DOIUrl":"https://doi.org/10.5204/lthj.3102","url":null,"abstract":"The United Kingdom’s Medicines and Medical Devices Act (MMD Act) 2021 received royal assent on 11 February 2021. In its passage through parliament, as well as in the accompanying Explanatory Notes, the Act was framed by the government as a necessary post-Brexit bill. Yet prior to this, it was widely presumed that existing statutory instruments, enacted in 2019 to address medical devices regulation in anticipation of a ‘No Deal Brexit’, would provide the United Kingdom (UK) with the necessary legal framework through the transition period and beyond. The European Union (EU) exit legislation included provisions aimed at aligning domestic law with the new EU Medical Devices Regulation (EU MDR) and In Vitro Devices Regulation (EU IVDR) (which were initially due to be implemented during the EU exit transition period). However, just over a year later, at the end of 2020, while the 2021 Act was in the final stages of its parliamentary journey, legislation was introduced that reversed the provisions of the domestic medical device regulations concerning alignment for Great Britain (GB: England, Wales, and Scotland). The result is that the UK now has a dual system of regulation, with Northern Ireland (NI) being governed by the new EU MDR and EU IVDR and GB by older pre-Brexit (yet still EU-derived) law. This article is an attempt to analyse the complex situation now in existence regarding the regulation of medical devices in the UK. To this end, we focus on three main issues. First, we examine the difficulties and challenges presented by the dual system of regulation between NI and GB, highlighting the potentially far-reaching consequences of regulatory divergence between different UK jurisdictions. Second, we ask whether, in the rush to new legislation in 2021, opportunities to properly reform the approach to medical devices were missed. Finally, we look to the future, focusing on the recent Medicine and Healthcare products Regulatory Agency Consultation on the future of medical devices regulation in the UK and the challenges and opportunities that remain.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"42 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139253615","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}

引用次数: 0

Big Data, Behavioral Genetics and Risk of Future Offending 大数据、行为遗传学与未来犯罪风险

Law, Technology and Humans Pub Date : 2023-11-21 DOI: 10.5204/lthj.2967

Armin Alimardani, Allan McCay, C. Lean

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When Critique Meets Reality: Systemic Violence and the BioShock Games 当批评遇到现实:系统暴力和《生化奇兵》游戏

Law, Technology and Humans Pub Date : 2023-08-28 DOI: 10.5204/lthj.2947

Matt L. Ogden

引用次数: 0

Automating Sanctions Compliance: Aligning Regulatory Technology, Rules and Goals 制裁合规自动化:调整监管技术、规则和目标

Law, Technology and Humans Pub Date : 2023-08-07 DOI: 10.5204/lthj.2506

Oliver Hackney, Anna Huggins

{"title":"Automating Sanctions Compliance: Aligning Regulatory Technology, Rules and Goals","authors":"Oliver Hackney, Anna Huggins","doi":"10.5204/lthj.2506","DOIUrl":"https://doi.org/10.5204/lthj.2506","url":null,"abstract":"The raft of sanctions introduced by governments throughout the world in response to the Russia-Ukraine conflict and other situations of international concern underscores the complex and rapidly changing nature of sanctions regulatory expectations. This article critically examines the extent of alignment between regulatory technology (RegTech) and sanctions compliance requirements, using the nascent Australian sanctions regime as an illustrative example. Applying insights from regulatory theory, the article differentiates between regulatory rules and goals to facilitate a nuanced evaluation of the prospects of automating sanctions compliance. It also analyses the potential disconnects between RegTech and sanctions rules arising from flaws in an automated system’s design, data inputs or underlying code, and mismatches between the capabilities of RegTech and the overarching regulatory goal of promoting a culture of compliance. The article argues that ongoing human interaction with well-calibrated RegTech tools is needed to promote alignment between RegTech and regulatory rules, and to meaningfully contribute to the broader culture of compliance goals. These insights have transferable relevance to diverse jurisdictions with complex sanctions compliance requirements and to other regulatory domains.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"312 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132127221","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}

引用次数: 0

Digital Marketing in The Legal Profession: What’s Going On and Does It Matter? 法律行业的数字营销:正在发生什么，它重要吗?

Law, Technology and Humans Pub Date : 2023-07-12 DOI: 10.5204/lthj.2828

J. Rogers, A. Song

{"title":"Digital Marketing in The Legal Profession: What’s Going On and Does It Matter?","authors":"J. Rogers, A. Song","doi":"10.5204/lthj.2828","DOIUrl":"https://doi.org/10.5204/lthj.2828","url":null,"abstract":"Law firms are importing ‘digital marketing’ into their practices. ‘Digital marketing’ is using the internet and online technologies, such as computers, mobile phones, websites, social media and data tools to achieve marketing objectives. These objectives are usually to acquire customers, build customer preferences and loyalties, promote brands and increase sales. Digital marketing is being introduced (directly and indirectly) by legal marketers, who are selling their expertise as solutions to the current pressures faced by firms. This is new territory for a profession that has historically opposed advertising and explicit self-promotion. For some, digital marketing is simply a modern twist on the personal referral of medieval times. But there is little in the current legal literature that looks closely at digital marketing in law and what it means for legal professionalism. This article presents digital marketing as a new form of entrepreneurial and managerial practice, adding to others operating in law firms as they become ‘target audiences’ of new business disciplines. We examine what digital marketing entails, the ideas and technologies behind it, the trends in and types of digital marketing in law, and the implications for lawyers’ identities, expertise, and professional and legal obligations. Digital marketing is now unavoidable. Firms today must understand the technologies and underlying ‘market’ logic that underpin digital marketing and support its responsible use by their lawyers and marketing teams.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132516784","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}

引用次数: 0

Perspectives on Database Rights of Humans and Machines in Electronic Health Records: Focus on South Africa 电子健康记录中人类和机器的数据库权利展望:以南非为重点

Law, Technology and Humans Pub Date : 2023-06-20 DOI: 10.5204/lthj.2550

Ogochukwu Monye

引用次数: 0

Technologies of Individualism: Remaking Subjectivity in an Age of Crises 个人主义的技术:危机时代的主体性重塑

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2602

R. Mohr

{"title":"Technologies of Individualism: Remaking Subjectivity in an Age of Crises","authors":"R. Mohr","doi":"10.5204/lthj.2602","DOIUrl":"https://doi.org/10.5204/lthj.2602","url":null,"abstract":"This article addresses the contrast between collective and individualistic responses to crises. While liberal individualism was instrumental in an environment of capitalist competition and free trade between states, it is dysfunctional in a world where global threats require cooperation and mutual consideration. To address this problem, the article investigates the forces that shape individualist subjectivity. These began in ideas, developed into ideologies through law and economics, and then shaped the infrastructure of everyday life: finance, debt, transport, urban form, and communications media. The key technological revolutions of the past one hundred years or so have shaped detached individualism. The mass-produced automobile, and the associated suburban development that it facilitated, contributed to physical dispersion of people and groups, splitting them off from each other. Digital communications have further split people from real, physical groups, instead aggregating them into virtual communities of big data. This has fragmented social contacts and attachments, by separating people off from the known communities within which decisions can be made and actions framed. These separations cumulatively lead to splits within the person, of cognition from intention, of deeds from consequences. Subjectivity is splintered. The conclusion turns to existing and possible future counter-tendencies that enhance more collaborative forms of being together. These include the critique of liberal ideology; building an ethics and politics of conviviality; resisting privatisation and debt, while promoting the common and cooperative; reasserting access and equity in housing and urban space; and re-embodying subjectivity.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129034721","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}

引用次数: 0

The Never-Ending Crisis of Italian Justice: Role and Responsibility of its Governance System 意大利司法无休止的危机:治理体系的角色与责任

Law, Technology and Humans Pub Date : 2023-05-30 DOI: 10.5204/lthj.2695

F. Contini

{"title":"The Never-Ending Crisis of Italian Justice: Role and Responsibility of its Governance System","authors":"F. Contini","doi":"10.5204/lthj.2695","DOIUrl":"https://doi.org/10.5204/lthj.2695","url":null,"abstract":"This article analyses four critical dimensions of the Italian justice system’s enduring condition critical: poor predictability of judicial decisions, lack of integrity, low trust, and excessive length of judicial procedures. While the first three critical areas have multiple causes, the role of the dual judicial governance structure, with competencies split between the Ministry of Justice and the Judicial Council, is identified as a relevant cause of lengthy procedures. Judicial statistics show how procedural delays are caused by the inefficient use of available resources due to obsolete allocation mechanisms and high variations in courts’ efficiency. This article argues that cutting-edge resource-allocation systems and integrated court management mechanisms based on workload or performance indicators demand a sustained and coordinated effort between the Ministry and the Council, which may be hard to achieve. More generally, the different constituencies and the competence split between the two bodies make the implementation of integrated judicial management approaches unlikely. The explanation is based on structural and institutional features common to all systems in which two bodies share responsibility on the same policy and managerial areas, so findings are potentially relevant to all judiciaries with this feature. The analysis also gives a reason for the negative correlation between judicial governance settings based on the French or Italian model and judicial efficiency.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131640455","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}

引用次数: 0