International Review of Law, Computers and Technology最新文献

{"title":"IP, Technology and Policy Interventions in India: Creating a roadmap for the digital economy","authors":"Indranath Gupta","doi":"10.1080/13600869.2022.2076044","DOIUrl":"https://doi.org/10.1080/13600869.2022.2076044","url":null,"abstract":"Modelling data business model and strategy. organisation co-relation between evolving privacy regulations business model restructuring. to re-strategise","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83172138","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 IoT and the new EU cybersecurity regulatory landscape","authors":"P. G. Chiara","doi":"10.1080/13600869.2022.2060468","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060468","url":null,"abstract":"ABSTRACT This article aims to cast light on how the fast-evolving European cybersecurity regulatory framework would impact the Internet of Things (IoT) domain. The legal analysis investigates whether and to what extent existing and proposed sectoral EU legislation addresses the manifold challenges in securing IoT and its supply chain. It firstly takes into account the Cybersecurity Act, being the most recent and relevant EU legal act covering ICT products and cybersecurity services. Then, EU product legislation is scrutinised. The analysis focuses on the delegated act recently adopted by the Commission under the Radio Equipment Directive (RED), strengthening wireless devices’ cybersecurity, the Medical Devices Regulation, the Proposal for a General Product Safety Regulation and the Proposal for a Machinery Regulation. Lastly, the proposal for a revised Network and Information Systems Directive (NIS2) is assessed in terms of its potential impact on the field of IoT cybersecurity. Against this backdrop, the article concludes by advocating the need for a separate horizontal legislation on cybersecurity for connected products. To avoid fragmentation of the EU's Single Market, a horizontal legal act should be based on the principles of the New Legislative Framework, with ex-ante and ex-post cybersecurity requirements for all IoT sectors and products categories.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78341404","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":"Tempting the Fate of the furious: cyber security and autonomous cars","authors":"S. McLachlan, Burkhard Schafer, Kudakwashe Dube, E. Kyrimi, N. Fenton","doi":"10.1080/13600869.2022.2060466","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060466","url":null,"abstract":"ABSTRACT The United Nations Economic Commission for Europe (UN ECE) has developed new aspects of its WP.29 agreement for harmonising vehicle regulations, focusing on the regulation of vehicle manufacturers’ approaches to ensuring vehicle cyber security by requiring implementation of an approved cyber security management system (CSMS). This paper investigates the background, framework and content of WP.29’s cyber security regulation. We provide an overall description of the processes required to become certified, discuss key gaps, issues and the impacts of implementation on stakeholders, and provide recommendations for manufacturers and the authorities who will oversee the operation. Putting the discussion into a broader theoretical framework on risk certification, we explore to the role of non-academic sources to shape public risk perception and to drive, for better or worse, legislative responses.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77002320","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":"Monograph review: Internet of Things and the Law","authors":"Felipe Romero-Moreno","doi":"10.1080/13600869.2022.2094579","DOIUrl":"https://doi.org/10.1080/13600869.2022.2094579","url":null,"abstract":"Dr Guido Noto La Diega ’ s monograph Internet of Things and the Law attempts to answer an overarching but crucial research question: ‘ how does the law mediate the power dynamics between IoT big tech and the end users and can the law steer the development of the IoT in a human-centric and societally bene fi cial direction? ’ . The author ’ s thesis – or main argument – is that alongside privacy and security, the key topic i.e. the Internet of Things (IoT) poses a threat to other fundamental values, from equality and freedom of expression to self-determi-nation through dignity. fi lling","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83344534","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":"Tracing technological boundaries: law, technology, and compliance?","authors":"Dinusha Mendis, Kim Barker, Karen Mc Cullagh","doi":"10.1080/13600869.2022.2060470","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060470","url":null,"abstract":"This issue of the International Review of Law, Computers & Technology presents some current and innovative papers from the 2021 annual BILETA conference on the theme: ‘Taken by surprise: (Re)constituting the critical in an age of digital and pandemic’. The conference was hosted online for a second year due to the ongoing global pandemic. While not the same as a ‘face-to-face’ event, it did the BILETA community proud and benefitted not only from the conference organiser, Prof Paul Maharg’s wealth of experience in using technology for legal education purposes but also Kirsty Melvin’s wizardry in facilitating the conference. For example, the conference organisers provided a social hangout space where conversations about papers continued in breaks, and new and veteran attendees alike connected and re-connected. Speaking of veterans, the Guest Editors and BILETA members take this opportunity to pay tribute to Dr Ken Russell, who sadly passed away in 2021. Ken was a stalwart of the BILETA community, a regular attendee at the annual conference and a very supportive editor, always encouraging young scholars to submit articles for publication in this journal. His loss is profound, and he is sorely missed; however, his legacy and contribution to technology and legal education will live on within BILETA and beyond, in the years to come. The papers in this special issue – edited by Prof Dinusha Mendis, Dr Kim Barker & Dr Karen Mc Cullagh – reflect that spirit, bringing together a selection of the excellent research papers presented at the 2021 conference. As the 2021 conference call stated:","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76399558","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":"Remote justice: information rights as a tool of empowerment","authors":"M. Egan","doi":"10.1080/13600869.2022.2060465","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060465","url":null,"abstract":"ABSTRACT The coronavirus pandemic has resulted in a compulsory retreat from public spaces. While, for some, this displacement has brought about engagement with digital technologies in new and interesting ways, for others, digital technologies have proved to be the site of technology-facilitated abuse (TFA). Consequently, there are renewed calls for regulation of TFA, with a great deal of this discussion focussing on the design and enforcement of criminal law. However, the scope of behaviour perpetrated with, or through, digital technologies is much broader and demands a range of responses that offer access to justice. This paper argues information rights offer significant potential to enable victims/survivors to gain control over personal information, feel empowered, and improve their mental health and wellbeing. First, it defines information rights and how they are accessed from an EU perspective. Second, it addresses the relationship between legal rights and empowerment in this context. It reflects on if, and how, information rights have been used within the UK specifically, to provide reflections on harnessing their potential. And lastly, explores the viability of advocacy in this area.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88507309","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":"There and back again: how target market determination obligations for financial products may incentivise consumer data profiling","authors":"Z. Bednarz","doi":"10.1080/13600869.2022.2060469","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060469","url":null,"abstract":"ABSTRACT Increasingly precise data profiling of consumers is one of the drivers of profit for the financial industry in the digital age. However, data profiling may also bring about harm to consumers, ranging from data breaches to unfair pricing, digital manipulation, discrimination and exclusion of vulnerable consumers, which is particularly problematic in financial services context due to the consequences it has on consumers’ access to financial products. The focus of this article are target market determination (TMD) obligations for financial products and their interplay with data protection rules. It asks if financial product governance rules, requiring TMD and distribution of products within the target market, may further incentivise data profiling of consumers by financial services providers. I analyse this issue looking at two sets of rules applicable to financial firms in Australia: (1) the new financial products governance rules, which came into force in October 2021, and (2) the data protection rules: Australian Privacy Act 1988 and the GDPR. If these frameworks fail to strike a balance between (surprisingly) competing interests of consumer protection regarding the provision of appropriate financial products and the use of consumers’ data in digital profiling, the new rules may backfire, resulting in unintended consumer harms.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81261699","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":"On the path to the future: mapping the notion of transparency in the EU regulatory framework for AI","authors":"Ida Varošanec","doi":"10.1080/13600869.2022.2060471","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060471","url":null,"abstract":"ABSTRACT Transparency is the currency of trust. It offers clarity and certainty. This is essential when dealing with intelligent systems which are increasingly making impactful decisions. Such decisions need to be sufficiently explained. With the goal of establishing ‘trustworthy AI’, the European Commission has recently published a legislative proposal for AI. However, there are important gaps in this framework which have not yet been addressed. This article identifies these gaps through a systematic overview of transparency considerations therein. Since transparency is an important means to improve procedural rights, this article argues that the AI Act should contain clear transparency obligations to avoid asymmetries and enable the explainability of automated decisions to those affected by them. The transparency framework in the proposed AI Act leaves open a risk of abuse by companies because their interests do not encompass considerations of AI systems’ ultimate impact on individuals. However, the dangers of keeping transparency as a value without a legal force justify further reflection when regulating AI systems in a way that aims to safeguard opposing interests. To this end, this article proposes inclusive co-regulation instead of self-regulation so that impacted individuals as well as innovators will be empowered to use and trust AI systems.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81631442","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":"Connected and vulnerable: cybersecurity in vehicles","authors":"N. Vellinga","doi":"10.1080/13600869.2022.2060472","DOIUrl":"https://doi.org/10.1080/13600869.2022.2060472","url":null,"abstract":"ABSTRACT Back in 2015, two hackers hacked a Jeep Cherokee, wirelessly gaining access to the controls of the vehicle through the vehicle’s entertainment system. The hackers slowed the vehicle down on a highway. Remarkably, this did not result in accidents. This did, however, illustrate the already existing cybersecurity risks of vehicles and their threat to road safety, thereby making legislators aware of these dangers. Recently, several legislative steps were made to improve the cybersecurity in vehicles. As cybersecurity enters the realm of road safety, it is necessary to identify the key principles for cybersecurity in vehicles. The current legal framework is discussed in light of these principles, identifying gaps in the current legal framework for cybersecurity in vehicles. As this contribution argues, the focus of the current legislative measures focuses predominantly on the ‘first line of defence’. These measures aim to prevent unauthorised access to the vehicle’s systems, but fail to identify the steps necessary to limit the damage that can be done if this first line of defence is breached and unauthorised access is gained. Moreover, other identified cybersecurity principles are not adequately ensured. In addition, the fragmentation of the current legal framework in itself gives rise to concerns.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89957861","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":"Obituary for Ken Russell","authors":"Richard Jones","doi":"10.1080/13600869.2022.2056324","DOIUrl":"https://doi.org/10.1080/13600869.2022.2056324","url":null,"abstract":"Ken Russell, editor of this International Review for thirty years, died peacefully in October. After qualifying as a teacher Ken’s research led him to become a renowned criminologist working in areas involving police complaints and the role of technology in the criminal justice system, particularly the legal issues in and around the electronic tagging of individuals. An interest that made him the perfect fit for the Review. He will be remembered as the person who has quietly and efficiently been at the head of the journal for almost thirty years. Joining the journal as an associate editor at its inception in 1984, Ken has, in consequence, always been part of the Review. On becoming editor in 1989 on the retirement of Prof. Chris Arnold he was instrumental, in the journal’s early years, in establishing the journal on a sound publishing footing, then in the 1990s transitioning from a yearbook to a multi-edition journal. Recently he has overseen the incorporation of the journal into the age of electronic publishing. Throughout this time, Ken maintained the journal’s close relationship with BILETA, the professional organisation of academic lawyers, ensuring the publication of world-leading proceedings from the annual BILETA conference. Ken maintained his BILETA membership and was a regular attendee at conferences. He was always keen to engage in informed debate with his academic peers, something that he developed as a local politician. His lasting legacy will be that he moved and adapted the journal to the changing landscape that is the interaction of law, computers and technology. It is too easy to underestimate this transition. A brief foray into the journal’s early editions illustrates how significant the landscape has changed. Early pioneers in the discipline were often or worked with computer scientists examining the role of technology in the practice of law, and it’s teaching. Articles abounded on information retrieval, expert and teaching systems. Technology specialists now carry the mantle of system development and implementation whilst academic and practising lawyers moved to focus on the law and its interaction with the technology. Ken came from a poor background in Brierley Hill in England’s Black Country. He won a scholarship to grammar school, where he first developed his lifelong love of rugby. A man of many parts, in addition to his academic life, he was, for all his life, an active participant in local and national politics, being a local councillor in his hometown and then in his adopted town of Glenfield. He fought two parliamentary elections in Edgbaston and Shrewsbury. He established a news agency coordinating activities around his beloved rugby, became the rugby correspondent to the Sunday Telegraph and founded his local paper Glenfield Gazette. He also wrote extensively on local history. He is survived by his wife Nichola and son Anthony and leaves his daughter Nicola, son Simon, three grandchildren and four great-grandchildren ","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88474425","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}