Information & Communications Technology Law最新文献

{"title":"When objects betray you: the Internet of Things and the privilege against self-incrimination","authors":"Florian Nicolai, Marie-Helen Maras, Jens Trautmann, Janine Schneider","doi":"10.1080/13600834.2024.2352691","DOIUrl":"https://doi.org/10.1080/13600834.2024.2352691","url":null,"abstract":"The introduction of IoT data in court without the consideration of its impact on the privilege against self-incrimination leads to the restriction of this fundamental right of the accused, who some...","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141504695","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":"Balancing the autonomy and protection of children: competency challenges in data protection law","authors":"Henry Pearce, Cheryl Buck","doi":"10.1080/13600834.2024.2320978","DOIUrl":"https://doi.org/10.1080/13600834.2024.2320978","url":null,"abstract":"This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner's Office (ICO) guidelines, the art...","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140004117","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":"From object obfuscation to contextually-dependent identification: enhancing automated privacy protection in street-level image platforms (SLIPs)","authors":"Mark Burdon, Tegan Cohen, Josh Buckley, Michael Milford","doi":"10.1080/13600834.2024.2321052","DOIUrl":"https://doi.org/10.1080/13600834.2024.2321052","url":null,"abstract":"Street-level image platforms (SLIPs) employ indiscriminate forms of data collection that include potentially privacy invasive images. Both the scale and the indiscriminate nature of data collection...","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140003637","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":"Fidelity in legal coding: applying legal translation frameworks to address interpretive challenges","authors":"Nicholas Godfrey, Mark Burdon","doi":"10.1080/13600834.2024.2312620","DOIUrl":"https://doi.org/10.1080/13600834.2024.2312620","url":null,"abstract":"There is rapidly developing interest in legal coding, the development of machine-consumable code representations of legal rules. However, interpretive ambiguities inherent in legal rules make it ch...","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139771813","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 role of corporate social responsibility in the regulation of OTT platforms: the case of film industry and Turkish corporate law","authors":"Murat Can Pehlivanoğlu","doi":"10.1080/13600834.2024.2312616","DOIUrl":"https://doi.org/10.1080/13600834.2024.2312616","url":null,"abstract":"Among the types of on-demand broadcasting, Over-The-Top video streaming services (‘OTT platforms’) refer to media service providers that provide content and applications, including communication se...","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139771618","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 regulation of cloud computing: why the European Union failed to get it right","authors":"Konstantina Bania, Damien Geradin","doi":"10.1080/13600834.2023.2260687","DOIUrl":"https://doi.org/10.1080/13600834.2023.2260687","url":null,"abstract":"Cloud computing brings important benefits and it is expected to play a key role in facilitating the uptake of emerging technologies and applications, including artificial intelligence, blockchain, and high-performance computing. Despite its potential to deliver cost and time-efficient services, the majority of businesses in the EU have still not implemented cloud computing. This illustrates the need for a more widespread adoption of the technology. Yet, recent regulatory initiatives may obstruct the uptake of cloud services. This is arguably because such initiatives do not reflect a proper understanding of the market, which our paper intends to provide. To that end, the paper examines what cloud computing is and how it works. It subsequently discusses the EU’s attempts to regulate cloud computing, including the Digital Markets Act, the Digital Services Act, and the Data Act proposal. Our analysis demonstrates that the logic of these instruments and the obligations they establish do not fit the characteristics and workings of cloud computing. The paper concludes by noting that future regulation must mirror the specificities of the cloud, which has a value chain and traits that differ significantly from other digital services, most notably online platforms.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136352552","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":"African data trusts: new tools towards collective data governance?","authors":"Nokuthula Olorunju, Rachel Adams","doi":"10.1080/13600834.2023.2260678","DOIUrl":"https://doi.org/10.1080/13600834.2023.2260678","url":null,"abstract":"ABSTRACTNew tools are being explored to provide collective and participatory means of governing data to promote the management of data in ways that benefit those from whom data is collected. This paper discusses whether data trusts are feasible structures in an African context by outlining specific considerations that should be prioritised in the development of bottom-up and collective models of data governance on the continent. Making use of international instruments, principles and established values like Ubuntu, the paper analyses the importance of collective decision-making through collective and participatory governance, women’s empowerment, and capacity-building, and how the alignment of data trusts to African contexts could help balance historical power differentials, and emphasise heterogeneity as the starting point of all discussions in the digital age.KEYWORDS: Datadata trustsdata governanceAfricadata justicecollective decision-makingfundamental rights Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1 Global Partnership on Artificial Intelligence (GPAI), ‘Guided by Privacy Laws, Data Trusts can Regulate Access to Data Subject to Consent Permissions (e.g., Purpose and Sharing Limitations) Attached to the Data.’ (2022) <https://gpai.ai/projects/data-governance/data-trusts/> accessed 23 July 2022.2 J Hardinges, ‘What is a data trust?’ (2018) <https://theodi.org/article/what-is-a-data-trust/> accessed 17 June 2022.3 A Ruhaak, ‘Data Trusts: Why, What and How?’ (2019) <https://medium.com/@anoukruhaak/data-trusts-why-what-and-how-a8b53b53d34> accessed 17 June 2022.4 Research ICT Africa (RIA), ‘From Data Protection to Data Justice’ (2022) <https://researchictafrica.net/publication/from-data-protection-to-data-justice-redressing-the-uneven-distribution-of-opportunities-and-harms-in-ai/> accessed 20 June 2022.5 Organisation for African Unity (OAU), ‘African Charter on Human and People’s Rights’, (OAU Addis Ababa 1982) CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 <https://www.achpr.org/legalinstruments/detail?id=49> accessed 10 July 2022.6 Global Indigenous Data Alliance, ‘CARE Principles for Indigenous Data Governance’ (2018) <https://static1.squarespace.com/static/5d3799de845604000199cd24/t/5da9f4479ecab221ce848fb2/1571419335217/CARE±Principles_One±Pagers±FINAL_Oct_17_2019.pdf> accessed 20 June 2022.7 SM Macdonald, ‘Reclaiming Data Trusts’ (2019) <https://www.cigionline.org/articles/reclaiming-data-trusts/> accessed 10 July 2022.8 Ibid.9 A Artyushina, ‘The Future of Data Trusts and the Global Race to Dominate AI’ (2021) <https://www.bennettinstitute.cam.ac.uk/blog/data-trusts1/#:~:text=What%20is%20a%20data%20trust,of%20access%20to%20the%20data.> accessed 20 June 2022.10 J Keller, ‘What are ‘Bottom-up’ Data Institutions and How Do They Empower People?’ (2021) <https://theodi.org/article/what-are-bottom-up-data-institutions-and-how-do-they-empower-people#collective-decision-making> accessed 20 June 2022; S Delacroix a","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061162","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":"Competitive advantage in the international market of laws: the case of copyright law","authors":"Saleh Al-Sharieh","doi":"10.1080/13600834.2023.2261345","DOIUrl":"https://doi.org/10.1080/13600834.2023.2261345","url":null,"abstract":"ABSTRACTThis article identifies efficiency, certainty, and agility as essential facilitators of a copyright system’s ability to attract foreign direct investment (FDI) to the cultural and creative industries in today’s knowledge economy. The article further provides a set of principles and rules that enable these characteristics in copyright law. Whereas some of these copyright principles and rules are inherently compatible and, hence, can concurrently serve the efficiency, certainty, and agility of copyright law, the co-existence of some of them requires legislative and judicial balancing, as neither of them should defeat the purpose of the other.Furthermore, given the role that legal efficiency, certainty, and agility play in the sustainability of copyright law, legislatures should weigh these characteristics in the copyright law balance when enacting or amending copyright statutes. Courts also should consider these qualities when reconciling competing copyright law interests via statutory interpretation. Both types of balancing are necessary to ensure that the economic competitive advantage of copyright law does not prejudice its fairness foundations.From a business strategy perspective, firms in the cultural and creative industry may want to consider the efficiency, certainty, and agility of a copyright system when choosing their investment destinations.KEYWORDS: Intellectual propertycopyrightinvestmentregulatory competitionmarket of lawsknowledge economy AcknowledgmentAn earlier version of this article was presented at the IP Researchers Europe Conference 2023 (IPRE 2023), Geneva, 29–30 June 2023. The author thanks the participants in the IPRE 2023 and the anonymous reviewers of Information & Communications Technology Law for their valuable feedback.Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1 Yochai Benkler, The Wealth of Networks How Social Production Transforms Markets and Freedom (Yale University Press, 2006) 33.2 Organisation for Economic Co-Operation and Development (OECD), ‘The Knowledge-Based Economy’ (1996) OECD General Distribution OCDE/GD(96)102, 9 < https://one.oecd.org/document/OCDE/GD%2896%29102/En/pdf> accessed 13 August 2023; Asia-Pacific Economic Cooperation (APEC) Economic Committee, ‘Towards Knowledge-Based Economies in APEC’ (2000) vii <https://www.apec.org/docs/default-source/Publications/2000/11/Towards-KnowledgeBased-Economies-in-APEC-2000/00_ec_knowledgebased.pdf> accessed 13 August 2023.3 Rafael Gely and Leonard Bierman, ‘The Law and Economics of Employee Information Exchange in the Knowledge Economy’ (2004) 12 Geo Mason L Rev 651, 660.4 ibid.5 OECD, ‘The Knowledge-Based Economy’ (n 2), 7.6 World Bank, ‘The Four Pillars of The Knowledge Economy’ <https://web.worldbank.org/archive/website01503/WEB/0__CO-10.HTM> accessed 5 June 2023.7 Alina Ng, ‘Copyright's Empire: Why the Law Matters’ (2007) 11 Marq Intell Prop L Rev 337, 340.8 Michael Schwager, Director General, IP Austra","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061155","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":"Increasing transparency around facial recognition technologies in law enforcement: towards a model framework","authors":"Rita Matulionyte","doi":"10.1080/13600834.2023.2249781","DOIUrl":"https://doi.org/10.1080/13600834.2023.2249781","url":null,"abstract":"Law enforcement authorities around the world are increasingly trialing or using facial recognition technologies (FRT). Their use has raised many legal and ethical challenges, one of which is a lack of transparency: Community members do not have sufficient information about what government organizations use FRT, for what purposes, and what safeguards are in place to manage the risks that they pose to human rights. While increased transparency around FRT use has been demanded by policy makers and academics, there are no established guidelines on how much transparency is needed around different FRT (authentication, identification, categorization) and what the barriers are in achieving the expected levels of transparency. This article fills this gap by proposing criteria which would help determine the required levels of transparency for different FRT applications (both low-risk and high-risk ones) and examines organizational, technical, legal and operational barriers in achieving adequate transparency and how they could be addressed.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136143213","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":"Expert perspectives on GDPR compliance in the context of smart homes and vulnerable persons","authors":"Stanislaw Piasecki","doi":"10.1080/13600834.2023.2231326","DOIUrl":"https://doi.org/10.1080/13600834.2023.2231326","url":null,"abstract":"ABSTRACT This article introduces information gathered through 21 semi-structured interviews conducted with UK, EU and international professionals in the field of General Data Protection Regulation (GDPR) compliance and technology design, with a focus on the smart home context and vulnerable people using smart products. Those discussions gave various insights and perspectives into how the two communities (lawyers and technologists) view intricate practical data protection challenges in this specific setting. The variety of interviewees allowed to compare different approaches to data protection compliance topics. Answers to the following questions were provided: when organisations develop and/or deploy smart devices that use personal data, do they take into consideration the needs of vulnerable groups of people to comply with the GDPR? What are the underlying issues linked to the practical data protection law challenges faced by organisations working on smart devices used by vulnerable persons? How do experts perceive data protection law-related problems in this context?","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43605735","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}