International Journal of Digital Law and Governance最新文献

{"title":"Biometric Technology at the Borders of Citizenship: Identifying Technical Standards for Introducer-Based Remote Onboarding in Global Contexts of Statelessness, Nomadism, Displacement, and Refuge","authors":"Riccardo Vecellio Segate","doi":"10.1515/ijdlg-2024-0010","DOIUrl":"https://doi.org/10.1515/ijdlg-2024-0010","url":null,"abstract":"Abstract All throughout the so-called “Global South”, hundreds of millions of individuals from entire communities in the rural, poorer, or most peripheral areas are not officially recorded by the States they are citizens of or they habitually reside in. This is why several of such States are resorting to extensive and purportedly “universal” digital remote onboarding programs, pioneered by India’s Aadhaar, whereby individuals are centrally recorded onto a public database with their identity (and possibly citizenship) confirmed. Whenever paper documents are obsolete, inaccurate, deteriorated, or inexistent, individuals may have their identity confirmed through an “introducer”, who mediates between marginalised communities and central authorities and is entrusted by both with this delicate task. Introducers, however, cannot by themselves grant someone the status as “citizen”: they may at best confirm his or her existence and identity. These onboarding programs are enabled by wide-covering sets of technical standards, ranging from data protection and cybersecurity to interoperability, safety, disaster recovery, and business continuity. Meanwhile, similar technologies, relying on analogous standards, and fundamentally aimed at a similar purpose (that is, registering all those who fall within the prescriptive jurisdiction of a State), are deployed by border officials in the context of migration management – especially in “developed” countries. The “unofficial” and “outside-the-scope-of-the-law” components of said migratory patterns are growing exponentially due to combined effects of climate, insecurity, and geopolitical factors, increasingly originating “borderline” situations whereby identity and citizenship are challenged and contested: statelessness, refuge, nomadism (both traditional and “digital”), and internal displacement. Strikingly enough, discussions around what technical standards to adopt, and who should select them, as well as on what the role of “introducers” could be, towards the digital onboarding of individuals experiencing “borderline” configurations of citizenship are entirely neglected in socio-legal and security scholarship alike. Complemented with concrete policy proposals, the present work accepts the ambition to start bridging this gap.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141668454","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":"Enhancing Cybersecurity in Climate Technology Transfer: The Interaction of Environmental Law with Digital Security","authors":"Jahongir Nasirov, Le Cheng","doi":"10.1515/ijdlg-2024-0009","DOIUrl":"https://doi.org/10.1515/ijdlg-2024-0009","url":null,"abstract":"\u0000 The Climate Change Convention, together with developed and developing countries, is taking measures to be more effective in combating climate change with the gear of modern methods and innovations. However, the technology mechanism has launched a series of initiatives aimed at exploring the potential of artificial intelligence to accelerate and scale up groundbreaking climate solutions, both in mitigation and adaptation efforts. To address the research questions, a comprehensive literature review is conducted to identify existing gaps and establish a foundational understanding of the legal and cybersecurity landscape in climate technology transfer. Different countries and organizations may adopt disparate cybersecurity measures, making it challenging to ensure a cohesive and standardized approach to safeguarding climate-related technologies. This fragmentation could result in inefficiencies, confusion, and a lack of interoperability. The urgency for a holistic and adaptive approach at the confluence of environmental law and digital security, the evolution of legal frameworks, the fortification of cybersecurity measures, and the ethical dimensions of technology transfer are integral components of a resilient foundation for a sustainable and secure future in climate technology exchange.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"43 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140365530","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":"Unravelling Power of the Unseen: Towards an Interdisciplinary Synthesis of Generative AI Regulation","authors":"Le Cheng, Xiuli Liu","doi":"10.1515/ijdlg-2024-0008","DOIUrl":"https://doi.org/10.1515/ijdlg-2024-0008","url":null,"abstract":"\u0000 The regulations of generative AI, typified by ChatGPT and Sora, have become one of the most influential alternative technological imaginaries. Developed by states and civil society groups, such regulations are triggering a broad range of social actors seeking to nominalize the AI-related behavior. Against this backdrop, this study starts with interrogating the semiotic character of generative AI. Do these regulations support the AI futures, or do they involve a mere change in the social actors who benefit from the technological status quo? To answer this question, this study examines the rhetoric and realization of AI regulations by the European Union and the United States. The findings reveal a degree of AI regulatory alignment between the European Union and the United States, but these two jurisdictions also highlight and predict some structural challenges. Drawing upon the concept of panopticism by Foucault, the study explores the foundational origins of challenges by dissecting the (in)visibility of AI power. It underscores the necessity of regulating the power of the unseen and proposes a synthetic generative AI regulatory framework. We finally conclude that the integrity of sociosemiotics and panopticism provides a productive and paramount framework for understanding the powerful new capacities of AI-related regulations.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"118 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140379197","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":"Rhizomatic Healthcare: The Digital Transformation of France’s Medical Landscape","authors":"Anne Wagner","doi":"10.1515/ijdlg-2024-0006","DOIUrl":"https://doi.org/10.1515/ijdlg-2024-0006","url":null,"abstract":"\u0000 This paper explores the implications of the digital advancements on patient empowerment and the role of healthcare professionals. It examines the challenges and opportunities presented by this digital shift, including data privacy concerns, the need for continuous technological adaptation, and the potential for increased healthcare accessibility. The paper underscores the critical importance of legal and ethical considerations in shaping a sustainable and equitable digital healthcare landscape. Through this exploration, the paper aims to provide a comprehensive overview of the ongoing digital revolution in French healthcare and its broader implications for the global healthcare sector.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140284140","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":"China’s Crackdown on Crypto Mining from a Climate Perspective: Unified Efforts from Administrative Authorities and the Judiciary","authors":"Kwan Yiu Cheng","doi":"10.1515/ijdlg-2023-0004","DOIUrl":"https://doi.org/10.1515/ijdlg-2023-0004","url":null,"abstract":"\u0000 This article presents an examination of the unified efforts by China’s central authorities and the judiciary in the crackdown on crypto mining within the country. It discusses the environmental ramifications of crypto mining and traces its development in China, highlighting the resource-intensive nature of the process. Crypto mining risks China’s national objectives of promoting high-quality economic and social development, as well as industrial optimisation, energy conservation and emissions reduction. The central government’s commitment to climate goals and ecological civilisation, coupled with the perceived minimal economic benefits and substantial environmental damage caused by crypto mining, led to the issuance of the Notice on Rectifying Mining Activities of Virtual Currencies in September 2021. This article discusses the implications of the Notice and how it has been implemented at both national and local levels by the administrative authorities. With reference to typical cases, it examines how the judiciary in delivering judgments has kept in line with the spirit of the Notice by analysing mining-related civil disputes as they arise in courts and reflects on the interplay of legal and administrative measures in shaping a sustainable and environmentally conscious approach to emerging technologies in China and beyond.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"29 27","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140396836","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 Global Institutional Governance of AI: A Four-Dimensional Perspective","authors":"R. Neuwirth","doi":"10.1515/ijdlg-2024-0004","DOIUrl":"https://doi.org/10.1515/ijdlg-2024-0004","url":null,"abstract":"\u0000 The present debate about the governance of artificial intelligence (AI) is dominated by a narrative of a “global race toward the regulation of AI.” Such a narrative bears serious dangers and should be rephrased as the “race toward the global regulation of AI” to adequately address the cross-cutting, cross-boundary, and cross-cultural nature of these technologies. If the debate about the future regulation of AI is to efficiently address the serious dangers and potentially existential risks related to AI, then it should be tied to other global governance issues, such as those summarized by the United Nations Sustainable Development Goals (SDGs). For this endeavor to be successful, the substantive questions of regulation must be combined with efforts to reform the present international system with a view to establishing a more efficient and coherent global institutional framework. It is important to be mindful of past obstacles in the reform of existing international organizations and to avoid the need for another global cataclysm to trigger institutional reform; thus, the article follows the idea that cognitive change leads to the transformation of international organizations. As both a technology aimed to replicate the human mind and an example of an important linguistic trend of a rise in essentially oxymoronic concepts, AI is deemed to provide the right point of departure to ponder future modes of human cognition – modes that reflect Einstein’s description of a world as a “four-dimensional space – time continuum,” – which may help to imagine the contours of a future global institutional framework.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140285478","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":"Controversy of Copyright Application and the China Plan of Metaverse Products","authors":"Xiaochu Tian, Nan Zhang","doi":"10.1515/ijdlg-2023-0003","DOIUrl":"https://doi.org/10.1515/ijdlg-2023-0003","url":null,"abstract":"\u0000 The controversy over copyright theory in the metaverse scenario mainly arises from the issue of copyrightability of metaverse products metaverse products have initially reached the standard of originality and formally conform to the dichotomy of thought and expression, however, the incompatibility of object types has led to controversy over its copyright theory. In addition, the three types of disputes and difficulties based on the “behavior” element: original acquisition and derivative acquisition, original products and derivative products, and public domain and private domain, are not just copyright disputes in the metaverse scene, but also a difficult problem that the copyright system cannot reconcile. In this regard, this article draws on overseas experience, introduces the theory of copyright expansion, and combines the needs of China’s judicial practice and China’s national conditions, trying to solve the copyright legal issues in the metaverse scenario one by one through the “source of communication” theory, behavior restriction theory and interest game theory, and propose China’s response to the problems caused by the generalization of digital technology from the three dimensions of originality standard identification, object classification, and rights restriction rules.","PeriodicalId":517562,"journal":{"name":"International Journal of Digital Law and Governance","volume":"314 3‐4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140398031","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}