International Review of Law, Computers and Technology最新文献

{"title":"Can twitter change the Iranian legal landscape for women?","authors":"Reilly Anne Dempsey Willis","doi":"10.1080/13600869.2018.1475905","DOIUrl":"https://doi.org/10.1080/13600869.2018.1475905","url":null,"abstract":"ABSTRACT This article explores the effectiveness of international social media (Twitter) campaigns, as a modern form of transnational advocacy networks, seeking domestic legal change in Iran for women’s rights. Using the spiral model of human rights change and second wave normative theories, the article critiques current thought on social media as an advocacy tool using evidence from two Iranian campaigns. Gathering empirical data from the #stopstoning and #letwomengotostadium campaigns, the research finds that Twitter campaigns may be linked to regression in some areas of women’s rights. Early evidence indicates that social media may lead to amplified government backlash, lack of campaign persistence and foreign overshadowing of domestic voices, which all contribute to the ongoing problematisation of the role of transnational advocacy networks in domestic human rights change.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76347962","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":"Terms of service and bills of rights: new mechanisms of constitutionalisation in the social media environment?","authors":"Edoardo Celeste","doi":"10.1080/13600869.2018.1475898","DOIUrl":"https://doi.org/10.1080/13600869.2018.1475898","url":null,"abstract":"ABSTRACT From a cursory look at the terms of service of the main social networking websites, it is immediately possible to detect that Facebook’s show a peculiar configuration. Although they represent a mere contract between private parties, these terms adopt the traditional jargon of constitutional texts and articulate their contents in terms of rights, principles and duties. This curious pairing between norms regulating social media and the constitutional sphere is also apparent in a series of non-binding documents that are unequivocally named ‘bill of rights’ and seek to articulate a set of principles to protect social media users. This paper examines whether the emergence of a constitutional tone in this limited number of texts could be related to the effective, or aspirational, constitutional function that these documents exercise. The identification of a series of significant shortcomings will lead to exclude that social media’s terms of service and bills of rights of social media users currently play a constitutionalising role. Nevertheless, the possibility to theoretically justify the use of these documents as mechanisms of constitutionalisation in the social media environment will be adduced as an evidence of the potential constitutional aspirations of these texts.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78935973","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 trusts: more data than trust? The perspective of the data subject in the face of a growing problem","authors":"Christine Rinik","doi":"10.1080/13600869.2019.1594621","DOIUrl":"https://doi.org/10.1080/13600869.2019.1594621","url":null,"abstract":"ABSTRACT The recent report, Growing the Artificial Intelligence Industry in the UK (Hall, Wendy, and Jerome Pesenti. 2017, https://www.gov.uk/government/publications/growing-the-artificial-intelligence-industry-in-the-uk) suggests the use of a 'data trust' to facilitate data sharing. Whilst government and corporations are focusing on their need to facilitate data sharing, the perspective of many individuals is that too much data is being shared. The issue is not only about data, but about power. The individual does not often have a voice when issues relating to data sharing are tackled. Regulators can cite the ‘public interest’ when data governance is discussed, but the individual’s interests may diverge from that of the public. This paper considers the data subject's position with respect to data collection leading to considerations about surveillance and datafication. Proposals for data trusts will be considered applying principles of English trust law to possibly mitigate the imbalance of power between large data users and individual data subjects. Finally, the possibility of a workable remedy in the form of a class action lawsuit which could give the data subjects some collective power in the event of a data breach will be explored. Despite regulatory efforts to protect personal data, there is a lack of public trust in the current data sharing system.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87952074","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":"Nudging citizens through technology in smart cities","authors":"S. Ranchordás","doi":"10.1080/13600869.2019.1590928","DOIUrl":"https://doi.org/10.1080/13600869.2019.1590928","url":null,"abstract":"ABSTRACT In the last decade, several smart cities throughout the world have started employing Internet of Things, big data, and algorithms to nudge citizens to save more water and energy, live healthily, use public transportation, and participate more actively in local affairs. Thus far, the potential and implications of data-driven nudges and behavioral insights in smart cities have remained an overlooked subject in the legal literature. Nevertheless, combining technology with behavioral insights may allow smart cities to nudge citizens more systematically and help these urban centers achieve their sustainability goals and promote civic engagement. For example, in Boston, real-time feedback on driving has increased road safety and in Eindhoven, light sensors have been used to successfully reduce nightlife crime and disturbance. While nudging tends to be well-intended, data-driven nudges raise a number of legal and ethical issues. This article offers a novel and interdisciplinary perspective on nudging which delves into the legal, ethical, and trust implications of collecting and processing large amounts of personal and impersonal data to influence citizens’ behavior in smart cities.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83170560","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":"Datafication as parenthesis: reconceptualising the best interests of the child principle in data protection law","authors":"J. Savirimuthu","doi":"10.1080/13600869.2019.1590926","DOIUrl":"https://doi.org/10.1080/13600869.2019.1590926","url":null,"abstract":"ABSTRACT The objective of this article is to shed light on a question that has considerable policy significance for the child as a data subject under the General Data Protection Regulation 2016 (‘Regulation 2016/679’) – how can we better integrate the best interests of the child principle, including the emphasis placed by the United Nations Convention on the Rights of the Child (CRC) on respecting a child's autonomy and development in a datafied environment? This article lays the foundation to an answer in three steps. First, it questions whether the political act of integrating the lifeworlds of children into digital infrastructures of the personal data economy and structuring of responsibilities to be owed by data controllers through data protection rules and principles is truly empowering. Second, it uses the dialectical relationship between critical infrastructures in the datafied environment and data protection rules to explain the ramifications of the analytical shift from children's rights to information rights, for conceptions and understandings of autonomy, agency and best interests. Third, CRC provisions will be used to expose the incompatibility of the ontological turn initiated by data protection rules and platform infrastructures with received understandings of the best interests of the child principle. The article concludes with an account of how the present gulf that exists in the understanding of the role of CRC and their application in data protection policymaking in a datafied environment could be bridged.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87001761","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":"Secrecy and surveillance: lessons from the law of IMSI catchers","authors":"P. Scott","doi":"10.1080/13600869.2019.1569872","DOIUrl":"https://doi.org/10.1080/13600869.2019.1569872","url":null,"abstract":"ABSTRACT Recent years have seen a new and welcome transparency as to the legal framework governing many of the state’s surveillance activities in the United Kingdom. The decline of secrecy as to law, however, is only one side of the coin. There remains a significant secrecy as to fact: not only when and where the state’s capacities are deployed, but also what those capacities are. Taking as an example the situation of ‘IMSI catchers’ – devices which permit the detection of mobile phones and interception of its communications – this contribution suggest that this degree of factual secrecy makes it difficult (perhaps impossible) to secure accountability for the conduct of state surveillance, notwithstanding the new era of legal clarity in which we find ourselves.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78754440","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 effect of child sexual exploitation images collection size on offender sentencing","authors":"F. Fortin, Sarah Paquette, Chloé Leclerc","doi":"10.1080/13600869.2018.1560553","DOIUrl":"https://doi.org/10.1080/13600869.2018.1560553","url":null,"abstract":"ABSTRACT Although image analysis techniques are improving, classifying images collected from the hard drives of individuals consuming Child Sexual Exploitation Material (CSEM) is both time-consuming and costly. Police organizations offer two main motives for the systematic analysis of these images: 1) to identify victims of sexual abuse and 2) to determine the number of illegal images as large numbers of such images lead to longer prison sentences. This study examines the assumption behind the second motive by analyzing connections between the number of images and the sentences imposed by Quebec courts. Results of quantitative analysis show that sentence length is most affected by the offender’s criminal history or present activity and that for the majority of cases the number of images in the collection has no impact on the prison term. Results of qualitative analysis of judges’ written decisions in cases of accusation of possession of CSEM show that they emphasize three aspects: 1) the size of the collection, 2) the time spent managing the collection, which is seen as a measure of deviance and motivation, and 3) the nature of the images. The current study offers a better understanding of the factors that affect decisions in CSEM cases.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87457340","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":"Fear the Reaper: how content moderation rules are enforced on social media","authors":"MacKenzie Common","doi":"10.1080/13600869.2020.1733762","DOIUrl":"https://doi.org/10.1080/13600869.2020.1733762","url":null,"abstract":"ABSTRACT This paper investigates the enforcement stage of the content moderation process on social media platforms. It argues that the current approach adopted by most platforms is underdeveloped, poses serious human rights issues, and would benefit from a number of reforms. This paper will first explain what the role of the moderator entails and how the enforcement process occurs at social media platforms. The investigation will then turn to the enforcement process itself and identify a number of problems in how content rules are generally enforced including bias in decision-making, an over-reliance on efficiency as a solution, and inconsistent enforcement of terms and conditions. Finally, it will provide a number of suggestions for reform including moving away from the efficiency narrative to consider larger issues in enforcement (which are not so easily solved) such as human rights and rule of law issues and the adoption of a body of precedents as a tool for accountability and empowerment of users.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80229451","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 internet renaissance of collective management organisations: reflections on flat fee system and the role of collective management organisations","authors":"L. Straková","doi":"10.1080/13600869.2019.1565639","DOIUrl":"https://doi.org/10.1080/13600869.2019.1565639","url":null,"abstract":"ABSTRACT With the increasing influence of modern technologies, collective management stands in front of a significant challenge. An integral part of this process is the necessary change in our society’s psychology, as the disputed shifts in the possibilities of using copyrighted works on the Internet represent a whole new perspective on sharing creativity and collaboration between users and authors. Changes in possibilities of using copyrighted works and in the minds of stakeholders indicate that our current system is not sustainable in the long term. The original motivation to create organisations of collective management – the possibility of more economically advantageous and useful administration of legitimate claims of authors, still exists. Therefore, we must seek a solution that will create a compromise between the anarchist concept of the Internet generation and the rigid approach of copyright. A flat fee could be an easy solution (whether as a part of an Internet connection payment or a ‘copyright tax’). The article discusses positive and negative aspects and provides a critical assessment of feasible options for practical use in the European legal system with regard to the Directive on collective management of copyright (2014/26/EU). In conclusion, the article summarises how collective management organisations are supposed to effectively manage the use of copyrighted works on a flat-fee basis.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79619560","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":"Introduction: British and Irish law education and technology association conference (BILETA)","authors":"Abbe E. L. Brown","doi":"10.1080/13600869.2019.1565632","DOIUrl":"https://doi.org/10.1080/13600869.2019.1565632","url":null,"abstract":"The annual conference of the British and Irish Law Education and Technology Association conference (BILETA) holds a special place in the calendar and hearts of law, technology and education scholars. It is a chance for the clans to gather, for friendships to be made and reinforced – across countries, institutions, disciplines and stages of career. In April 2018, it was my privilege to organise the conference at the University of Aberdeen. With that comes the honour of being guest editor of a special edition of the International Review of Law, Computers and Technology (and also of a special edition of the online European Journal of Law and Technology). The contributions build on some of the many high quality papers which were presented and discussed in Aberdeen. Firstly, some more about that conference. The theme was ‘Digital Futures: places and people, technology and data.’ This provided a rich and diverse base for presentation, challenge, learning and community. We had key notes by Professor Daithi Mac Sithigh of Queens University Belfast on ‘Techlaw and the Techlash’ and by Professor Margaret Ross of the University of Aberdeen on technology andmental health in the University; concurrent panels with vibrant discussion; a ceilidh and a campus tour; a real time opportunity to contribute to Scottish Government consultations on Online Identity Assurance; and plenaries on recording of teaching. This last led ultimately to new guidance from JISC https://www.jisc.ac.uk/guides/recording-lectures-legal-considerations and from BILETA (accessible via https://www.abdn.ac.uk/law/events/lecture-recording-plenaries-660.php). More information can be obtained from the conference website, see https://www.abdn. ac.uk/law/events/bileta-conference-611.php and from blogpost https://www.abdn.ac.uk/ law/blog/posts-by/jo-bac/. Against this backdrop, this special edition has 5 papers. In their variety of topic and also in terms of geographic bases and levels of career development of authors, they reflect the diversity seen in Aberdeen. Firstly, ‘Adaptive Architecture: Regulating Human Building Interaction’ which was the winner of the Taylor and Francis Prize for the BILETA conference. In this, Lachlan Urquhart, Holger Schnädelbach and Nils Jäger explore legal, regulatory, technical and interactional implications when the Internet of Things interacts with buildings and their occupants, and they frame and influence challenges ahead. In ‘Anonymous Bitcoin v Enforcement Law’, Fulya Teomete Yalabik and Ismet Yalabik provide a challenge to the anonymous status of the cryptocurrency Bitcoin, from the perspective of powers available to courts to enable actions to be pursued. In ‘The Internet Renaissance of Collective Management Organizations: Reflections on Flat Fee System’,","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78099320","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}