{"title":"Beyond Privacy: Protecting Data Interests in the Age of Artificial Intelligence","authors":"Matt Bartlett","doi":"10.5204/LTHJ.1595","DOIUrl":"https://doi.org/10.5204/LTHJ.1595","url":null,"abstract":"Serious challenges are raised by the way in which technology companies like Facebook and Google harvest and process user data. Companies in the modern data economy mine troves of data with sophisticated algorithms to produce valuable behavioural predictions. These data-driven predictions provide companies with a powerful capacity to influence and manipulate users, and these risks are increasing with the explosive growth of ‘Big Data’ and artificial intelligence machine learning. This article analyses the extent to which these challenges are met by existing regimes such as Australia and New Zealand’s respective privacy acts and the European Union’s General Data Protection Regime. While these laws protect certain privacy interests, I argue that users have a broader set of interests in their data meriting protection. I explore three of these novel interests, including the social dimension of data, control and access to predictions mined from data and the economic value of data. This article shows how existing frameworks fail to recognise or protect these novel interests. In light of this failure, lawmakers urgently need to frame new legal regimes to protect against the worst excesses of the data economy.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"56 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":"117028858","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":"Privacy and Emergency Payments in a Pandemic: How to Think about Privacy and a Central Bank Digital Currency","authors":"E. Rennie, Stacey Steele","doi":"10.5204/LTHJ.1745","DOIUrl":"https://doi.org/10.5204/LTHJ.1745","url":null,"abstract":"The economic fallout of the COVID-19 pandemic prompted many governments to provide emergency payments to citizens. These one-off and recurring payments revealed the shortcomings of existing financial infrastructures even as electronic payments replaced cash for everyday expenses. Delays in getting government payments to citizens in many countries focused attention on the potential benefits of central bank digital currencies (CBDCs). This article outlines the social and economic policy choices involved in designing a CBDC and the consequences of these choices for privacy. Priorities including preventing the criminal abuse of the financial system, geopolitical concerns and private sector innovation compete with, and potentially undermine, privacy. We identify and categorize four key privacy risks as ‘losses’ associated with current CBDC models: loss of anonymity, loss of liberty, loss of individual control, and loss of regulatory control.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122172578","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 Quantification of Law: Counting, Predicting, and Valuating","authors":"R. Ribeiro","doi":"10.5204/LTHJ.1603","DOIUrl":"https://doi.org/10.5204/LTHJ.1603","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.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114904974","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":"Expertise in Political Contexts: Latour Avec the Third Wave in Science and Technology Studies","authors":"D. S. Caudill","doi":"10.5204/lthj.v2i2.1413","DOIUrl":"https://doi.org/10.5204/lthj.v2i2.1413","url":null,"abstract":"The interdiscipline of science and technology studies (‘STS’) has been characterized by its descriptive analyses of the presumptions and practices of scientific communities, and by numerous theoretical internal debates over the proper framework of analysis of science. While STS has not been characterized by a powerful effect on law and government, both of which are consumers of scientific expertise, an opportunity arises for engagement in public policy disputes due to the willful ignorance regarding science in the Trump administration, and the negative effects of political agendas and conflicts of interest therein. The urgent need for reliable expertise in such political contexts is addressed in the so-called third wave of STS that is based on Harry Collins and Rob Evans’s innovative ‘architecture of expertise.’ Two recent book chapters, namely Darrin Durant’s essay on ignoring experts and Martin Weinel’s essay on counterfeit scientific controversies, serve as practical examples of third-wave theory. Bruno Latour, who was engaged in a debate with Collins (and others in STS) concerning their respective approaches during the 1990s, also recently addressed the need for expertise (particularly climate expertise) in government contexts. Nowadays, Collins and Latour both promote consensus expertise and identify its reliance (for its authority) on science as a trusted institution. This article compares the similarities (and acknowledges the differences) between Collins and Latour with respect to their pragmatic strategies, and concludes that notwithstanding internal debates, STS scholars should join Collins (with Evans) and Latour to look outward toward critique and correction of governments that ignore scientific expertise.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129018155","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":"Data Control and Surveillance in the Global TB Response: A Human Rights Analysis","authors":"Katherine Albrecht, B. Citro","doi":"10.5204/lthj.v2i1.1487","DOIUrl":"https://doi.org/10.5204/lthj.v2i1.1487","url":null,"abstract":"The global response to the tuberculosis (TB) epidemic is generating copious amounts of personal health data. The emerging emphasis on the use of active case finding and digital adherence technologies in the TB response will increase the amount and expand the kind of data produced and used by public and private health officials. The production of personal data in high TB burden countries, in particular, must be considered in light of their colonial histories. In doing so, we argue that interventions to eliminate TB at global and national levels are ushering in a new era of data colonisation and surveillance in the name of public health. This, in turn, raises critical concerns for the human rights of people affected by TB, many of whom belong to vulnerable or marginalised groups. We examine the normative and legal content for a set of international human rights critical to the TB response, highlighting how each right implicates the production and use of personal health data. We also demonstrate that these rights are, by and large, enshrined in the constitutions of each high TB burden country. Finally, we use these rights to analyse active case finding and digital adherence technologies to pinpoint their unique data risks and the threats they pose to the human rights of people affected by TB.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127032704","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":"Keeping Up Textual Appearances: The Road Vehicles (Display of Registration Marks) Regulations 2001","authors":"T. Giddens","doi":"10.5204/lthj.v2i1.1402","DOIUrl":"https://doi.org/10.5204/lthj.v2i1.1402","url":null,"abstract":"In legal discourse and practice, concerns regarding the appearance of text focus almost exclusively on questions of legibility. There is little analysis of law’s textual form beyond matters of practical readability, indicating an underlying assumption that printed words are merely a vehicle for the transmission of law’s intellectual content. However, the UK’s Road Vehicles (Display of Registration Marks) Regulations 2001 (SI No 561) (the ‘2001 Regulations’) prescribe the detailed regulation of the visual appearance of registration marks (or number plates) beyond that required for their practical operation. Through analysis of these regulations, this paper overturns the assumption that the significance of textual appearance is purely pragmatic by demonstrating the widespread importance of the visual form of writing within the regulatory praxis of the modern state—of which registration marks are a part. When we read the law, when we encounter a regulatory text, we are not just decoding intellectual content but are witnessing the appearance and repetition of sovereign power.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127387021","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}
Kate Galloway, Julian Webb, F. Bartlett, J. Flood, L. Webley
{"title":"The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change","authors":"Kate Galloway, Julian Webb, F. Bartlett, J. Flood, L. Webley","doi":"10.5204/lthj.v1i0.1337","DOIUrl":"https://doi.org/10.5204/lthj.v1i0.1337","url":null,"abstract":"This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132600564","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 Ethical AI Lawyer: What is Required of Lawyers When They Use Automated Systems?","authors":"J. Rogers, Felicity Bell","doi":"10.5204/lthj.v1i0.1324","DOIUrl":"https://doi.org/10.5204/lthj.v1i0.1324","url":null,"abstract":"This article focuses on individual lawyers’ responsible use of artificial intelligence (AI) in their practice. More specifically, it examines the ways in which a lawyer’s ethical capabilities and motivations are tested by the rapid growth of automated systems, both to identify the ethical risks posed by AI tools in legal services, and to uncover what is required of lawyers when they use this technology. To do so, we use psychologist James Rest’s Four-component Model of Morality (FCM), which represents the necessary elements for lawyers to engage in professional conduct when utilising AI. We examine issues associated with automation that most seriously challenge each component in context, as well as the skills and resolve lawyers need to adhere to their ethical duties. Importantly, this approach is grounded in social psychology. That is, by looking at human ‘thinking and doing’ (i.e., lawyers’ motivations and capacity when using AI), this offers a different, complementary perspective to the typical, legislative approach in which the law is analysed for regulatory gaps.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132300040","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}
L. Webley, J. Flood, Julian Webb, F. Bartlett, Kate Galloway, Kieran Tranter
{"title":"The Profession(s)’ Engagements with LawTech: Narratives and Archetypes of Future Law","authors":"L. Webley, J. Flood, Julian Webb, F. Bartlett, Kate Galloway, Kieran Tranter","doi":"10.5204/lthj.v1i0.1314","DOIUrl":"https://doi.org/10.5204/lthj.v1i0.1314","url":null,"abstract":"This article argues that there are three narratives to technology’s role in augmenting, disrupting or ending the current legal services environment—each of which gives life to particular legal professional archetypes in how lawyers react to LawTech. In tracing these influential narratives and associated archetypes, we map the evolving role of LawTech, the legal profession and legal services delivery. The article concludes by proffering a further narrative of technology’s role in law known as ‘adaptive professionalism’, which emphasises the complex, contextual nature of the legal professional field. Through this normative rather than descriptive account it is suggested that the profession may access the benefits of technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"80 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116585908","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":"Welcome to the Multiverse: Law, Technology and Humans","authors":"Kieran Tranter","doi":"10.5204/lthj.v1i0.1379","DOIUrl":"https://doi.org/10.5204/lthj.v1i0.1379","url":null,"abstract":"Law, Technology and Humans aims for something different from the mainstream of technology law scholarship. Rather than repeating analysis born from the dominant narrative, it boldly presents itself as a portal to the multiverse of stories and methods through which to understand, dream, critique, build and live well in the technological present as it, with every planetary rotation, moves towards the technological future.","PeriodicalId":397638,"journal":{"name":"Law, Technology and Humans","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123442230","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}