Law, Technology and Humans最新文献_第6页

Drones as Techno-legal Assemblages 无人机是技术-法律的集合

Law, Technology and Humans Pub Date : 2022-07-11 DOI: 10.5204/lthj.2333

Adam Smith

{"title":"Drones as Techno-legal Assemblages","authors":"Adam Smith","doi":"10.5204/lthj.2333","DOIUrl":"https://doi.org/10.5204/lthj.2333","url":null,"abstract":"The US drone strike programme has prompted debate between pro- and anti-drone lawyers over interpretations of self-defence and the laws of war. The debate frequently neglects the effects of drone technology on interpreting these laws. This article argues that drone strikes are best understood as techno-legal assemblages that combine technoscience and law to make killing lawful. The argument proceeds in three parts. Part one analyses the formal legal debate concerning drone strikes. The seeds of the debate are in the US’s response to terrorism in the 1980s, when it developed legal strategies to overcome the obstacles of territorial sovereignty and the ban on assassination. The contemporary debate on the law of self-defence divides into supporters and critics of the US’s legal position. However, the debate neglects what critical drone scholars have argued is an essential link between drone technology and legal ambiguity. Part two analyses the technoscientific practices of drone strikes and how they interpret and implement the laws of war. Armed drones are part of a widespread surveillance system that converts people into information, which the US uses to target individuals. The thresholds that distinguish between military and civilian objects, and that delineate the spaces, temporal order, and legal subjects of conflict, are all interpreted through the lens of the surveillance system. These techno-legal practices become a legal justification for drone killing that goes beyond positive law. Part three argues that drone strikes are techno-legal assemblages that are part of a general collective of assemblages of control. The enmeshing of law and technology in drone strikes reflects the expansion of the law to cover more subjects and more areas. Drone strikes, then, are not a radical break from the law, but a techno-legal continuation of patterns of colonial warfare.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134033719","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: 2

A ‘Chennai’ in Every City of the World: The Lethal Mix of the Water Crisis, Climate Change, and Governance Indifference 世界上每个城市都有一个“金奈”:水危机、气候变化和冷漠治理的致命组合

Law, Technology and Humans Pub Date : 2022-05-24 DOI: 10.5204/lthj.2165

Tania Sebastian

{"title":"A ‘Chennai’ in Every City of the World: The Lethal Mix of the Water Crisis, Climate Change, and Governance Indifference","authors":"Tania Sebastian","doi":"10.5204/lthj.2165","DOIUrl":"https://doi.org/10.5204/lthj.2165","url":null,"abstract":"The prevailing water crisis and problem of climate change demand a review of the developmental activities conducted by State of Tamil Nadu. While ascertaining a system to address the crisis can be daunting, integrated approaches, such as those that use technology, are fundamental to identifying and evaluating options for sustainable solutions.\u0000This paper explores the water–climate nexus through the case study of Chennai, the capital city of the state of Tamil Nadu in India. Climate change has influenced the behaviour and patterns of floods, brought about incessant rain and led to a shift in the monsoons. In addition, changes to the climate have resulted in a shortage of drinking water in Chennai. There is a concomitant problem of a large and increasing population. These elements warrant a discourse on law, humans and technology. In Chennai, the indifference and denial of political leaders have resulted in failure, and unsustainable measures to address the water crisis have been implemented. The intervention of the Supreme Court of India relating to a mechanism to deal with a water-sharing arrangement between the states of Tamil Nadu and Karnataka in the last few decades has been unsuccessful. None of the proposed solutions were based on incorporating technology, which is a major oversight.\u0000The resultant consequences of water use and the complex mix of social factors surrounding the vulnerable population are addressed in this paper. The effect of the water crisis on women and the agricultural workforce is illustrated to argue for greater and more imaginative governmental intervention. The paper concludes with a discussion of the need for a holistic approach to climate change and the ongoing water crisis that invites better interventions, particularly in terms of technology, to address the crisis and avoid a situation in which groundwater will be critically degraded by 2030.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130510087","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

Incorporating ‘Fashion Identity’ Into the Right to Privacy 将“时尚身份”与隐私权相结合

Law, Technology and Humans Pub Date : 2022-05-24 DOI: 10.5204/lthj.2280

Daria Onitiu

{"title":"Incorporating ‘Fashion Identity’ Into the Right to Privacy","authors":"Daria Onitiu","doi":"10.5204/lthj.2280","DOIUrl":"https://doi.org/10.5204/lthj.2280","url":null,"abstract":"We need a concept of the right to privacy and identity that incorporates an individual’s perception and self-relationality. This paper scrutinises the meaning of the right to privacy in terms of identity construction, focusing on the meaning of ‘identity’ in fashion studies. This investigation delves into the value of privacy as a shield against unwarranted intrusions, an enabler of dynamic boundary negotiations, as well as a social framework for an individual’s autonomy to analyse the European Court of Human Right’s (ECtHR) interpretation of Article 8(1) of the European Convention on Human Rights (ECHR). The right to privacy suffers from two problems regarding the role of parameters and conditions for identity-building in the digital age. First, profiling technologies necessitate an understanding of normative barriers that are not reactive to societal attitudes, but which maintain an internal sense of privacy. Second, profiling technologies’ relation to the conditions of identity-building suggests that we need to move away from a structural account of privacy and investigate the meaning of an individual’s self-relationality in individual sense-making. I suggest that a definition of ‘fashion identity’ could clarify the right to privacy, stipulating how aspects of identity are affected by social constraints in the management and perception of appearance.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127628030","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 Regulation of Medical Device Representatives: A Question of Trust? 医疗器械代表的监管:信任问题?

Law, Technology and Humans Pub Date : 2022-05-24 DOI: 10.5204/lthj.2281

B. Richards, Susannah Sage Jacobson, M. Lotz, W. Rogers

{"title":"The Regulation of Medical Device Representatives: A Question of Trust?","authors":"B. Richards, Susannah Sage Jacobson, M. Lotz, W. Rogers","doi":"10.5204/lthj.2281","DOIUrl":"https://doi.org/10.5204/lthj.2281","url":null,"abstract":"The introduction of new technologies in medical treatment has led to innovation in medical devices that are highly technical in their application and operation. The medical technology landscape is changeable and healthcare providers often turn to the medical device representatives (MDRs), employed by device manufacturers to help navigate the shifts and uncertainties. While the relationship between MDRs and healthcare providers can be a positive one focusing on appropriate use, selection and safety of devices, it is one that has evolved over time and is not independently regulated. In addition, patients, for the most part, are usually unaware of the involvement of MDRs in their healthcare. It is this knowledge gap with regard to the role of MDRs that is the focus of this paper.\u0000We argue that trust is at the heart of healthcare relationships and explore the nature of trust alongside the models of regulation of the medical device industry. We argue that MDRs may currently present a threat to both the interpersonal and the institutional trust of patients, and that regulation and policy responses are appropriate ways to address this risk. We consider potential regulatory frameworks and identify transparency and communication as the crucial characteristics of an appropriate response. We recommend that the polycentric nature of Australian healthcare regulation be cultivated through a multilayered approach, and that a positive obligation to inform the patient of the role of MDRs in their clinical care be established.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126372898","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: 1

Retail Analytics: Smart-Stores Saving Bricks and Mortar Retail or a Privacy Problem? 零售分析:智能商店拯救实体零售还是隐私问题?

Law, Technology and Humans Pub Date : 2022-05-24 DOI: 10.5204/lthj.2088

Helen Gregorczuk

{"title":"Retail Analytics: Smart-Stores Saving Bricks and Mortar Retail or a Privacy Problem?","authors":"Helen Gregorczuk","doi":"10.5204/lthj.2088","DOIUrl":"https://doi.org/10.5204/lthj.2088","url":null,"abstract":"‘Bricks-and-mortar’ retailers are increasingly looking to retail analytics as a way of staying competitive with online counterparts. Retail analytics is a subset of big data analytics, and proponents contend that its use can provide a greater understanding of customer behaviours and patterns. To achieve this, retail analytics requires ‘smart-stores’ to collect and store as much data as possible about in-store customers, and to build detailed consumer profiles that can be used to sell products on an increasingly individualised basis. At the same time, enhanced efficiencies are gained by a better matching of staff resources and design of store layout that directly correspond to customer behaviours. The range of data collection and analysis technologies used in retail analytics is evolving and currently includes facial recognition software and video analytics, specially designed sensors, Bluetooth beacons, Wi-Fi data collections and point-of-sale systems, including loyalty cards. When these collection technologies are combined, a smart-store can, thus, resemble a sophisticated consumer surveillance system entailing numerous collectors and re-users of consumer-generated data. This article argues there is a disproportionate impact on privacy when compared to the benefits for retailers. It outlines the developing sphere of retail analytics and its manifestation through smart-stores. It considers some of the key privacy issues that emerge through retail analytics and the consequent surveillance and ‘datafication’ of everyday life. This includes the issue of whether collected data is personal information, the degree to which individuals can understand the multifaceted data collection processes of smart-stores, and the importance and weight to be attributed to privacy in any decision-making by stores in the uptake of various technologies.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116043041","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: 2

Technology-Facilitated Domestic and Family Violence: Protecting the Privacy and Safety of Victim-Survivors 技术促进的家庭和家庭暴力:保护受害者-幸存者的隐私和安全

Law, Technology and Humans Pub Date : 2022-04-11 DOI: 10.5204/lthj.2160

Lyria Bennett Moses, J. Breckenridge, J. Gibson, G. Lyons

引用次数: 3

Pirates of the Cyber Seas: Are State-Sponsored Hackers Modern-Day Privateers? 网络海洋的海盗:国家资助的黑客是现代海盗吗?

Law, Technology and Humans Pub Date : 2022-03-14 DOI: 10.5204/lthj.1583

Josephine Helen Dwan, T. Paige, R. McLaughlin

{"title":"Pirates of the Cyber Seas: Are State-Sponsored Hackers Modern-Day Privateers?","authors":"Josephine Helen Dwan, T. Paige, R. McLaughlin","doi":"10.5204/lthj.1583","DOIUrl":"https://doi.org/10.5204/lthj.1583","url":null,"abstract":"Understanding the descriptors attached to cyber operations and cyber actors is crucial to communicating the nature of these entities and the influence they wield in cyberspace. Given the ever-increasing threat that corporations, governments, and the everyday consumer face from these entities, it is paramount that respondents evaluate and apply the most appropriate descriptors when communicating about such incidents. In this paper, we discuss whether a ‘privateer’ analogy has relevance in this space given the current state of cyber-actor behaviour and the increase in the number of governments relying on external experts to design, construct, and execute cyber-disruption operations. In determining the appropriateness of the ‘privateer’ analogy, we explore the following questions: What types of labels are available for this private actor-perpetrated, but state-purposed cyber-operational conduct? Based on a brief history of privateering, how and why might privateering be an appropriate analogy? Given the strict legal paradigmatic constraints surrounding the availability of the concept and the availability of modern Law of Armed Combat (LoAC) concepts to cover the practice, how and why is privateering not an appropriate analogy? Ultimately, we conclude that the applicability of the ‘privateering’ analogy in the context of cyber operations is dubious. It appears that international law has developed beyond the need (and desire) for privateers and privateering operations. In this discussion, we consider legal and regulatory alternatives for responding to cyber behaviour that may still resemble privateering under effective (and much more current) international law.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114655839","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: 3

Regulating Information in Molecules: The Convention on Biological Diversity and Digital Sequence Information 分子信息调控:生物多样性和数字序列信息公约

Law, Technology and Humans Pub Date : 2022-02-22 DOI: 10.5204/lthj.2208

Charles Lawson

引用次数: 0

To App or Not to App? Understanding Public Resistance to COVID-19 Digital Contact Tracing and its Criminological Relevance 应用还是不应用?了解公众对COVID-19数字接触者追踪的抵抗力及其犯罪学相关性

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.2012

A. Lavorgna, Pamela Ugwudike, L. Carr, Yadira Sanchez Benitez, Gopala Sasie Rekha

{"title":"To App or Not to App? Understanding Public Resistance to COVID-19 Digital Contact Tracing and its Criminological Relevance","authors":"A. Lavorgna, Pamela Ugwudike, L. Carr, Yadira Sanchez Benitez, Gopala Sasie Rekha","doi":"10.5204/lthj.2012","DOIUrl":"https://doi.org/10.5204/lthj.2012","url":null,"abstract":"In the context of the COVID-19 pandemic, digital contact tracing has been developed and promoted in many countries as a valuable tool to help the fight against the virus, allowing health authorities to react quickly and limit contagion. Very often, however, these tracing apps have faced public resistance, making their use relatively sparse and ineffective. Our study relies on an interdisciplinary approach that brings together criminological and computational expertise to consider the key social dynamics underlying people’s resistance to using the NHS contact-tracing app in England and Wales. The present study analyses a large Twitter dataset to investigate interactions between relevant user accounts and identify the main narrative frames (lack of trust and negative liberties) and mechanisms (polluted information, conspiratorial thinking and reactance) to explain resistance towards use of the NHS contact-tracing app. Our study builds on concepts of User eXperience (UX) and algorithm aversion and demonstrates the relevance of these elements to the key criminological problem of resistance to official technologies.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133220081","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: 3

Penny Crofts and Honni van Rijswijk (2021) Technology. GlassHouse Book: Routledge Penny Crofts and Honni van Rijswijk (2021) Technology。温室图书:劳特利奇出版社

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.2150

Kieran Tranter

引用次数: 0