Law, Technology and Humans最新文献_第7页

From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy 从影子档案到接触追踪:同意与隐私的定性研究

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.1874

S. Molitorisz, J. Meese, Jennifer Hagedorn

引用次数: 0

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.2158

Kieran Tranter

引用次数: 0

Michael Guihot and Lyria Bennett Moses (2020). Artificial Intelligence, Robots and the Law, LexisNexis Australia 迈克尔·吉奥特和莱里亚·贝内特·摩西(2020)。人工智能，机器人和法律，LexisNexis澳大利亚

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.2107

Nicholas Korpela

引用次数: 0

How the Law Learns in the Digital Society 数字社会中的法律如何学习

Law, Technology and Humans Pub Date : 2021-11-08 DOI: 10.5204/lthj.1600

C. B. Graber

{"title":"How the Law Learns in the Digital Society","authors":"C. B. Graber","doi":"10.5204/lthj.1600","DOIUrl":"https://doi.org/10.5204/lthj.1600","url":null,"abstract":"Recent court decisions have revealed how the law is frequently under pressure to adjust to novel digital technologies. As legal practice is blind to the factual particularities of the relationship between law and technology, the courts’ efforts to re-stabilize normative expectations of Internet users, in the face of sociotechnical changes caused by computer networks, lack an adequate theoretical classification. Science and technology studies (STS) provide refined knowledge on the interaction between technology and society. Yet, the law and normative structures have remained a stepchild of that branch of interdisciplinary theorizing within the social sciences. Within the legal discipline, media-based theories about the law in the digital environment have conceived computer networks as hybrid sociotechnical constructs. This approach aptly shows how digital media have changed the way individuals experience the world and interact with one another and how the capacity to adjust cognitive behavioral expectations to new developments has become crucial. While the learning of individuals takes center stage, this perspective belittles the relevance of normative expectations and overlooks the law’s learning. How is the law capable of learning under conditions of computer networks and responding to the sociopolitical changes caused by the new technologies? This paper’s aim is to propose a perspective on the law in the digital society that combines STS with legal sociology. An approach based on technical affordances explains how normative behavioral expectations can adjust to changes in the networked environment and how the law learns in the digital society.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"65 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":"130363241","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

‘Sharing is Caring’: Copyright Metaphors and Online Sharing Norms “分享即关怀”:版权隐喻与在线分享规范

Law, Technology and Humans Pub Date : 2021-09-28 DOI: 10.5204/lthj.1271

Kristina Chelberg

{"title":"‘Sharing is Caring’: Copyright Metaphors and Online Sharing Norms","authors":"Kristina Chelberg","doi":"10.5204/lthj.1271","DOIUrl":"https://doi.org/10.5204/lthj.1271","url":null,"abstract":"Copyright is under contest in Australia amid growing digital cultures of sharing. Using metaphor as a frame for analysis, this study applies internet search data (Google Trends) methods to visualise Australian online information-seeking patterns for metaphors related to copyright and sharing. An overview of legal metaphors of online copyright (‘piracy’, ‘war on copyright’) and metaphors of digital sharing (‘sharing is caring’, ‘sharing economy’) leads to a critical examination of the ‘metaphor struggles’ between the rhetoric of copyright infringement and sharing cultures promoted by social media. Key findings presented are of decreased information seeking for copyright metaphors and increased information seeking for sharing metaphors. Online information-seeking patterns, as visualised by internet search data, represent a form of public mobilisation. Visualisation of these patterns of public information seeking for metaphors of copyright and sharing demonstrates shifting conceptions of copyright in contemporary digital cultures. This article concludes by raising a potential relationship between rising ethics of online sharing norms and diminishing legitimacy of online copyright, as the legal metaphor of copyright appears to transition through the metaphor cycle.\u0000 ","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122485393","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

Automation of the Spectrum, Automation and the Spectrum: Legal Challenges When Optimising Spectrum Use for Military Operations 频谱自动化，自动化和频谱:优化军事行动频谱使用时的法律挑战

Law, Technology and Humans Pub Date : 2021-06-28 DOI: 10.5204/lthj.1854

Eve Massingham

引用次数: 0

Automated Decision-Making and Environmental Impact Assessments: Decisions, Data Analysis and Predictions 自动化决策和环境影响评估:决策、数据分析和预测

Law, Technology and Humans Pub Date : 2021-05-31 DOI: 10.5204/LTHJ.1846

Zoe Nay, Anna Huggins, Felicity Deane

{"title":"Automated Decision-Making and Environmental Impact Assessments: Decisions, Data Analysis and Predictions","authors":"Zoe Nay, Anna Huggins, Felicity Deane","doi":"10.5204/LTHJ.1846","DOIUrl":"https://doi.org/10.5204/LTHJ.1846","url":null,"abstract":"This article critically examines the opportunities and challenges that automated decision-making (ADM) poses for environmental impact assessments (EIAs) as a crucial aspect of environmental law. It argues that while fully or partially automating discretionary EIA decisions is legally and technically problematic, there is significant potential for data-driven decision-making tools to provide superior analysis and predictions to better inform EIA processes. Discretionary decision-making is desirable for EIA decisions given the inherent complexity associated with environmental regulation and the prediction of future impacts. This article demonstrates that current ADM tools cannot adequately replicate human discretionary processes for EIAs—even if there is human oversight and review of automated outputs. Instead of fully or partially automating EIA decisions, data-driven decision-making can be more appropriately deployed to enhance data analysis and predictions to optimise EIA decision-making processes. This latter type of ADM can augment decision-making processes without displacing the critical role of human discretion in weighing the complex environmental, social and economic considerations inherent in EIA determinations.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123351812","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

The Quantification of Law: Counting, Predicting, and Valuating 法律的量化:计数、预测和评估

Law, Technology and Humans Pub Date : 2021-05-06 DOI: 10.5204/lthj.1966

Alice Granada Viana Ribeiro

{"title":"The Quantification of Law: Counting, Predicting, and Valuating","authors":"Alice Granada Viana Ribeiro","doi":"10.5204/lthj.1966","DOIUrl":"https://doi.org/10.5204/lthj.1966","url":null,"abstract":"Legal reasoning is increasingly quantified. Developers in the market and public institutions in the legal system are making use of massive databases of court opinions and other legal communications to craft algorithms to assess the effectiveness of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers’ obscure knowledge. New legal technologies promise to search heaps of documents for useful evidence, and to analyze dozens of factors to quantify a lawsuit’s odds of success. Legal quantification initiatives depend on the availability of reliable data about the past behavior of courts that institutional actors have attempted to control. The development of initiatives in legal quantification is visible as public bodies craft their own tools for internal use and access by the public, and private companies create new ways to valorize the “raw data” provided by courts and lawyers by generating information useful to the strategies of legal professionals, as well as to the investors that re-valorize legal activity by securitizing legal risk through litigation funding.\u0000 \u0000The article The Quantification of Law: Counting, Predicting, and Valuating by Rafael Viana Ribeiro (Law, Technology and Humans, 3, no 1 (2021): 51-67. https://doi.org/10.5204/lthj.1603) was originally published on March 2, 2021. The author name has been changed at the request of the author. The correction notice can be found at https://doi.org/10.5204/lthj.1965","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123623926","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

Implementing COVIDSafe: The Role of Trustworthiness and Information Privacy Law 实施covid - safe:诚信和信息隐私法的作用

Law, Technology and Humans Pub Date : 2021-05-04 DOI: 10.5204/LTHJ.1808

Mark Burdon, Brydon Wang

{"title":"Implementing COVIDSafe: The Role of Trustworthiness and Information Privacy Law","authors":"Mark Burdon, Brydon Wang","doi":"10.5204/LTHJ.1808","DOIUrl":"https://doi.org/10.5204/LTHJ.1808","url":null,"abstract":"Governments worldwide view contact tracing as a key tool to mitigate COVID-19 community transmission. Contact tracing investigations are time consuming and labour intensive. Mobile phone location tracking has been a new data-driven option to potentially obviate investigative inefficiencies. However, using mobile phone apps for contact tracing purposes gives rise to complex privacy issues. Governmental presentation and implementation of contact tracing apps, therefore, requires careful and sensitive delivery of a coherent policy position to establish citizen trust, which is an essential component of uptake and use. This article critically examines the Australian Government’s initial implementation of the COVIDSafe app. We outline a series of implementation misalignments that juxtapose an underpinning regulatory rationality predicated on the implementation of information privacy law protections with rhetorical campaigns to reinforce different justifications for the app’s use. We then examine these implementation misalignments from Mayer and colleagues’ lens of trustworthiness (1995) and its three core domains: ability, integrity and benevolence. The three domains are used to examine how the Australian Government’s implementation strategy provided a confused understanding of processes that enhance trustworthiness in the adoption of new technologies. In conclusion, we provide a better understanding about securing trustworthiness in new technologies through the establishment of a value consensus that requires alignment of regulatory rationales and rhetorical campaigning.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132239333","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

Children’s Privacy in Lockdown: Intersections between Privacy, Participation and Protection Rights in a Pandemic 封锁中的儿童隐私:大流行中隐私、参与和保护权的交叉点

Law, Technology and Humans Pub Date : 2021-05-04 DOI: 10.5204/LTHJ.1803

Lisa Archbold, Valerie Verdoodt, F. Gordon, Damian Clifford

{"title":"Children’s Privacy in Lockdown: Intersections between Privacy, Participation and Protection Rights in a Pandemic","authors":"Lisa Archbold, Valerie Verdoodt, F. Gordon, Damian Clifford","doi":"10.5204/LTHJ.1803","DOIUrl":"https://doi.org/10.5204/LTHJ.1803","url":null,"abstract":"Children and young people throughout the world have felt the effects of Coronavirus Disease 2019 and the decisions made in response to the public health crisis, acutely. Questions have been raised about adequately protecting children’s privacy, as schooling, play and socialising went almost exclusively online. However, due to the historical lack of children’s rights being embedded throughout decision-making processes (including important participation rights), the effects of the increased surveillance as a result of the pandemic have not been thoroughly considered. This article pursues three objectives. First, it seeks to develop the literature on the enabling aspects of privacy for children in relation to education and play. Second, it seeks to expand the discussion on the exploitative risks endemic in not protecting children’s privacy, including not only violent harms, but commercial exploitation. Third, it suggests some policy responses that will more effectively embed a children’s rights framework beyond the ‘parental control’ provisions that dominate child-specific data protection frameworks.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"28 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115923442","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