Information & Communications Technology Law最新文献_第9页

Alexa, can you keep a secret? Applicability of the third-party doctrine to information collected in the home by virtual assistants Alexa，你能保守秘密吗?第三方原则对虚拟助手在家中收集的信息的适用性

IF 1.5

Information & Communications Technology Law Pub Date : 2020-01-02 DOI: 10.1080/13600834.2020.1676956

Anna Dunin-Underwood

{"title":"Alexa, can you keep a secret? Applicability of the third-party doctrine to information collected in the home by virtual assistants","authors":"Anna Dunin-Underwood","doi":"10.1080/13600834.2020.1676956","DOIUrl":"https://doi.org/10.1080/13600834.2020.1676956","url":null,"abstract":"ABSTRACT Virtual assistants are an example of modern technology that Americans have integrated into their everyday lives. With smart devices' growing sophistication and availability, individuals now share large amounts of personal information with third parties. Following this technological revolution, one might question how much of the traditional third-party doctrine, the doctrine governing information voluntarily given to a third party, survives. But is one's interaction with his virtual assistant in his own home truly a voluntary passing-over of data to a third party? The Supreme Court has recently shown a willingness to curtail the application of the third-party doctrine to new technology. Cases involving new technologies and capabilities will force a reconsideration of whether technology users retain a reasonable expectation of privacy in data that they voluntarily convey that data to a third party. This paper examines the curtilage and third-party doctrines, and analyzes how the Supreme Court has applied both in cases related to developing technologies. It concludes that to guarantee that the Fourth Amendment continues to protect private citizens from unreasonable searches, the Supreme Court needs to significantly limit the reach of the third-party doctrine with regards to modern technology that is in common everyday use.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"29 1","pages":"101 - 119"},"PeriodicalIF":1.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2020.1676956","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43716401","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: 6

Removing the barriers in cross-border crime investigation by gathering e-evidence in an interconnected society 在互联社会中通过收集电子证据消除跨境犯罪调查的障碍

IF 1.5

Information & Communications Technology Law Pub Date : 2020-01-02 DOI: 10.1080/13600834.2020.1705035

B. Blažič, T. Klobučar

{"title":"Removing the barriers in cross-border crime investigation by gathering e-evidence in an interconnected society","authors":"B. Blažič, T. Klobučar","doi":"10.1080/13600834.2020.1705035","DOIUrl":"https://doi.org/10.1080/13600834.2020.1705035","url":null,"abstract":"ABSTRACT This paper discusses the current issues and proposes legal remedies for removing the barriers to gathering cross-border electronic evidence in crime investigation. Crime and cyber-crime have a huge influence on our modern economy as the yearly damage is estimated to cost hundreds of billions of USD. Efficient fight against cybercrime in the interconnected society faces several barriers due to the inconsistent understanding in cross-border e-evidence search, the legality of the data sought, and the rules for cooperation with the service providers of communication services. The paper evaluates the current legal scene and the existing regulative enabling collection of cross-border electronic evidence. The attitudes and the views towards the current legal instruments enabling efficient cybercrime and crime investigation and cross-border e-evidence collection among the legal practitioners are analysed based on empirical data collected with two surveys. Answers to the research questions ‘if the barriers for cross-border access to e-evidence can be removed with new regulation’ are provided by analysing both the survey results and the new EU regulation for investigation, production and preservation orders.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"29 1","pages":"66 - 81"},"PeriodicalIF":1.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2020.1705035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47881906","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: 5

Does global scope guarantee effectiveness? Searching for a new legal standard for privacy protection in cyberspace 全局作用域保证有效性吗?探索网络空间隐私保护的新法律标准

IF 1.5

Information & Communications Technology Law Pub Date : 2020-01-02 DOI: 10.1080/13600834.2020.1705033

Marcin Rojszczak

引用次数: 9

The road to responsibilities: new attitudes towards Internet intermediaries* 责任之路：对互联网中介机构的新态度*

IF 1.5

Information & Communications Technology Law Pub Date : 2019-10-03 DOI: 10.1080/13600834.2020.1677369

Daithí Mac Síthigh

{"title":"The road to responsibilities: new attitudes towards Internet intermediaries*","authors":"Daithí Mac Síthigh","doi":"10.1080/13600834.2020.1677369","DOIUrl":"https://doi.org/10.1080/13600834.2020.1677369","url":null,"abstract":"ABSTRACT New approaches to the legal duties of Internet intermediaries are emerging. Current critiques of technology companies in what is said to be a ‘techlash’ overlap with the proposing of new models of liability and responsibilities. Do these shifts in attitude, and the associated set of new ideas, mean that legislative bodies might be more willing, today, to revisit the balance struck in the late 1990s? Changes and challenges to the general provisions applicable to intermediaries, and the introduction of standalone provisions in specific sectors (such as audiovisual media regulation and copyright) are discussed; emphasis is placed on the proliferation of ‘voluntary’ measures (e.g. on illegal content and on disinformation), which provide evidence of changing attitudes. Further arguments include the overlap between available causes of action in relation to Internet communications (e.g. data protection and harassment law), with implications for jurisdiction, remedies, and other matters, and the attractiveness of alternative approaches, including the cross-cutting control of ‘harmful digital communications’ in New Zealand, and proposals to apply specific regulatory regimes, influenced by financial regulation and other fields, to online material. The UK government’s recent ideas regarding a possible ‘duty of care’ for certain intermediaries are assessed in the context of these developments.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"29 1","pages":"1 - 21"},"PeriodicalIF":1.5,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2020.1677369","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49345987","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: 10

Regulating online advertising for gambling – once the genie is out of the bottle … 监管在线赌博广告——一旦精灵从瓶子里出来……

IF 1.5

Information & Communications Technology Law Pub Date : 2019-09-02 DOI: 10.1080/13600834.2019.1664001

Julia Hörnle, M. J. Schmidt-Kessen, A. Littler, Eranjan Padumadasa

{"title":"Regulating online advertising for gambling – once the genie is out of the bottle … ","authors":"Julia Hörnle, M. J. Schmidt-Kessen, A. Littler, Eranjan Padumadasa","doi":"10.1080/13600834.2019.1664001","DOIUrl":"https://doi.org/10.1080/13600834.2019.1664001","url":null,"abstract":"ABSTRACT The article focuses on advertising for online gambling products on social media platforms and examines advertising practices from the viewpoint of consumer fairness. It shows how online advertising is fundamentally different from traditional advertising in print media, offline media sites (such as billboards) and broadcasting. The growth of social media usage has created an opportunity for online advertising to exploit ways of advertising which are only beginning to be understood fully and receive regulatory attention, and which, therefore, may exploit current regulatory loopholes. In this article, we identify two major issues in respect of online advertising of online gambling: first the potential for unethical placing of gambling advertising targeted at vulnerable users, and secondly the opaque use of commercial advertising in user-generated content on social media platforms. Having identified these two problems of gambling advertising, we take stock of how the existing regulatory structures deal with gambling advertising online, with a view to making recommendations on how to tackle these problems. We argue that data protection law and gambling regulation have not yet satisfactorily addressed these issues and that a much more radical approach is needed, as set out in the article.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"28 1","pages":"311 - 334"},"PeriodicalIF":1.5,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2019.1664001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43072076","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: 9

Fighting Giants: Using Standard Form Contracts to Protect the Industry Outsider 对抗巨人:使用标准形式的合同来保护行业局外人

IF 1.5

Information & Communications Technology Law Pub Date : 2019-08-13 DOI: 10.2139/ssrn.3437330

Derek M. Diemer

引用次数: 0

Privacy policies, cross-border health data and the GDPR 隐私政策、跨境健康数据和GDPR

IF 1.5

Information & Communications Technology Law Pub Date : 2019-07-19 DOI: 10.1080/13600834.2019.1644068

T. Mulder, M. Tudorica

{"title":"Privacy policies, cross-border health data and the GDPR","authors":"T. Mulder, M. Tudorica","doi":"10.1080/13600834.2019.1644068","DOIUrl":"https://doi.org/10.1080/13600834.2019.1644068","url":null,"abstract":"ABSTRACT Research going back to 2008 has shown that a vast majority of the people never read privacy policies (AM McDonald and LF Cranor, ‘The Cost of Reading Privacy Policies’ (2008) 4A JLPI 543). Since then, not a lot has changed (F Schaub and others, ‘Designing Effective Privacy Notices and Controls’ (2017) 99 IEEE 70). Most people formally consent to privacy policies without knowing what happens to their personal data. This odd situation is called the privacy paradox: while people highly value their fundamental right to privacy, they do not act accordingly, especially when it concerns new technologies (M Taddicken, ‘The “Privacy Paradox” in the Social Web’ (2013) 19 JCMC 248). Since more and more people use apps on their mobile phones and wearables to measure their health, it is important to do research in this area. Nowadays, privacy is a popular news item; this might be why more and more companies use privacy both in their business models and as a marketing tool. This raises the question whether people really give ‘informed consent’ to privacy policies, as they seem to rely on marketing statements rather than reading the actual privacy policies themselves.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"28 1","pages":"261 - 274"},"PeriodicalIF":1.5,"publicationDate":"2019-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2019.1644068","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47505842","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: 24

Peer-to-Peer streaming and right of communication to the public in Australia 澳大利亚的点对点流媒体和向公众传播的权利

IF 1.5

Information & Communications Technology Law Pub Date : 2019-07-18 DOI: 10.1080/13600834.2019.1644067

Lasantha Ariyarathna

引用次数: 0

A note on science, legal research and artificial intelligence 关于科学、法律研究和人工智能的说明

IF 1.5

Information & Communications Technology Law Pub Date : 2019-07-17 DOI: 10.1080/13600834.2019.1644065

N. Goltz, Giulia Dondoli

引用次数: 3

4. Regulating the information society 4. 规范信息社会