International Review of Law, Computers and Technology最新文献_第8页

Patents and the experimental space: social, legal and geographical dimensions of 3D bioprinting 专利和实验空间:3D生物打印的社会、法律和地理维度

International Review of Law, Computers and Technology Pub Date : 2020-06-25 DOI: 10.1080/13600869.2020.1785066

E. Bicudo, A. Faulkner, P. Li

{"title":"Patents and the experimental space: social, legal and geographical dimensions of 3D bioprinting","authors":"E. Bicudo, A. Faulkner, P. Li","doi":"10.1080/13600869.2020.1785066","DOIUrl":"https://doi.org/10.1080/13600869.2020.1785066","url":null,"abstract":"ABSTRACT The entanglements between social creativity, legal instruments and global policies become particularly clear in emerging technological fields where such relations are being established or improvised. In this paper, an analysis of such entanglements is delivered, focusing on 3D bioprinting. This technique amounts to the use of robotic, computer-controlled devices called bioprinters, with which bioactive structures are manufactured, with potential medical applications. Bioprinting has triggered manifold relations and processes here grasped with the concept of experimental space. It is claimed that the experimental space has several dimensions, three of which are analysed here. First, there is a legal dimension formed by the multiplication of patent documents making reference to each other and forming a discursive network. Second, there is a social dimension, as the experimental space is populated by innovative companies and universities involved with bioprinting. Finally, the geographical dimension derives from the spatial processes and global geography of bioprinting. The study of these three dimensions is underpinned by a quantitative analysis of bioprinting patents filed from 2001 to 2019 and found on two specialized websites (The Lens and Google Patents). Furthermore, fieldwork was conducted in three countries (the UK, Brazil, and Italy), involving interviews with academics and entrepreneurs exploring bioprinting.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"6 1","pages":"2 - 23"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75626154","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

Information biopolitics: copyright law and the regulation of life in the network society 信息生命政治:版权法与网络社会生活的规制

International Review of Law, Computers and Technology Pub Date : 2020-06-25 DOI: 10.1080/13600869.2020.1784563

Nicholas Gervassis

{"title":"Information biopolitics: copyright law and the regulation of life in the network society","authors":"Nicholas Gervassis","doi":"10.1080/13600869.2020.1784563","DOIUrl":"https://doi.org/10.1080/13600869.2020.1784563","url":null,"abstract":"ABSTRACT Online settings illustrate our truest passing into the information age, with cultural development and social relationships being mediated exclusively via ‘palpable’ digital information artefacts, like texts, images, videos, webpage links and social networking accounts. Suspended between its intangible nature and its various ‘tangible’ expressions, and according to Drahos constituting ‘the daily lifeblood of human agents as communicating beings’, information regulated under familiar legal conceptions of property suggests arguably ‘biopolitical’ developments: the hold, which one exerts on information items, extends to administering essentially life in its social and cultural aspects. The propertisation of information in copyright laws authorises long-term exercises of power that, in future, computer-mediated societies, could both undercut circulation of vital knowledge and structure the public’s participation in culture, thus interfering effectively with the development of personal, social and political identities. Such concerns appear more plausible considering the increase of corporate power across online settings, contested between concentrations of copyright-intensive industries and web hosting giants, and following debates over the impacts of laws like the recent EU Directive 2019/790. By reviewing copyright law developments, this paper reflects on Foucauldian biopolitics understandings and media ecology theoretical interpretations, to comment critically on the regulation of information and online public interaction spaces.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"14 2 1","pages":"46 - 69"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78366778","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: 2

The ecosystem concept: a holistic approach to privacy protection 生态系统概念:隐私保护的整体方法

International Review of Law, Computers and Technology Pub Date : 2020-06-24 DOI: 10.1080/13600869.2020.1784564

Lauren E. Elrick

{"title":"The ecosystem concept: a holistic approach to privacy protection","authors":"Lauren E. Elrick","doi":"10.1080/13600869.2020.1784564","DOIUrl":"https://doi.org/10.1080/13600869.2020.1784564","url":null,"abstract":"ABSTRACT Proportionality remains a vague concept, in part due to the inherent difficulty of balancing two fundamentally important, but potentially conflicting values, particularly when no recognised method exists to definitively determine where the balance should lie. In the current global climate, privacy has increasingly found itself balanced against the necessity of a wide range of intrusive technological measures judged essential to the state’s fight against terrorism. The range of measures involved can make assessing proportionality complicated, as relying on the proportionality test which isolates and examines a particular legal measure independently, might not adequately identify the total risk presented to an individual’s privacy. In this article, it is proposed that one way of addressing this issue is through turning to the biological concept of the ecosystem for guidance. This concept recognises the existence of a closely interconnected system of actors, engaged in the exchange of information and resources. In particular, it places great importance on the interconnections between the various actors, and the effects one can have on another. This article therefore considers whether this approach can be utilised in order to conduct a more holistic proportionality assessment, and whether it provides a viable method of analysis within law.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"32 1","pages":"24 - 45"},"PeriodicalIF":0.0,"publicationDate":"2020-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79077515","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: 2

The future of legal regulation: the intersection of creativity, technology and biology 法律监管的未来:创造力、技术和生物学的交集

International Review of Law, Computers and Technology Pub Date : 2020-06-23 DOI: 10.1080/13600869.2020.1784566

James Griffin

引用次数: 0

Thank you note 感谢信

International Review of Law, Computers and Technology Pub Date : 2020-03-19 DOI: 10.1080/13600869.2020.1741636

Abbe E. L. Brown, J. Griffin, M. Gillen, S. Basu

引用次数: 0

‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market “上传过滤器”与人权:实施数字单一市场版权指令第17条

International Review of Law, Computers and Technology Pub Date : 2020-03-17 DOI: 10.1080/13600869.2020.1733760

Felipe Romero Moreno

{"title":"‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market","authors":"Felipe Romero Moreno","doi":"10.1080/13600869.2020.1733760","DOIUrl":"https://doi.org/10.1080/13600869.2020.1733760","url":null,"abstract":"ABSTRACT This paper critically examines to what extent Article 17 of the EU Directive on Copyright in the Digital Single Market (CDSM) could be implemented in a way which complies with the right of online content-sharing service providers and uploaders to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (ECHR), the E-Commerce Directive 2000/31 and the General Data Protection Regulation 2016/679. The analysis draws upon Article 17 CDSM Directive, the case-law of the Strasbourg and Luxembourg courts, and academic literature. It assesses the compliance of ‘upload filters’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test to determine whether the obligations laid down in Article 17 can be implemented: firstly, that it is ‘in accordance with the law’; secondly, that it pursues one or more legitimate aims contained in Article 8(2) and 10(2) Convention; and thirdly, that it is ‘necessary’ and ‘proportionate’. The paper also evaluates the compatibility of upload filters with the ECtHR principle of presumption of innocence under Article 6 ECHR. It proposes that for Article 17 to be a human rights-compliant response, upload filters must be targeted specifically at online infringement of copyright on a commercial-scale.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"30 1","pages":"153 - 182"},"PeriodicalIF":0.0,"publicationDate":"2020-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84414895","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: 13

AI©R

International Review of Law, Computers and Technology Pub Date : 2020-03-09 DOI: 10.1080/13600869.2020.1733765

Israel Cedillo-Lazcano

{"title":"AI©R","authors":"Israel Cedillo-Lazcano","doi":"10.1080/13600869.2020.1733765","DOIUrl":"https://doi.org/10.1080/13600869.2020.1733765","url":null,"abstract":"ABSTRACT On 25 October 2018, Christie’s sold a rather interesting and mysterious work. However, in contrast to the works that this auction house tends to sell, Portrait of Edmond Belamy was created by an Artificial Intelligence (AI). This and other similar creations have been in the middle of academic and regulatory discussions relating to the nature of Intellectual Property Rights (IPRs) that could result from them. Unfortunately, these discussions tend to present ideas in absence of transitions among markets and/or a lack of proper understanding of certain IPRs like those related to derivative works. Based on these elements, the present document aims to present a proposal built upon a hypothetical AI Copyright (AI©R). To develop this latter, we focused our attention on the plastic arts market and employed the analysis of market imperfections under the light of a right that tends to be overlooked by artists, scholars and lawyers alike: the Droite de Suite (DDS). Building upon the analysis of this right, the AI©R has been structured as a ‘label’ aimed to address market imperfections, and to recognize the ‘moral’ right of the AI and the economic rights of the individuals and/or companies that could be empowered to claim them.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"4 1","pages":"201 - 213"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87850221","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: 0

Technologies in the twilight zone: early lie detectors, machine learning and reformist legal realism 边缘地带的技术:早期测谎仪、机器学习和改革派法律现实主义

International Review of Law, Computers and Technology Pub Date : 2020-03-04 DOI: 10.1080/13600869.2020.1733758

M. Oswald

{"title":"Technologies in the twilight zone: early lie detectors, machine learning and reformist legal realism","authors":"M. Oswald","doi":"10.1080/13600869.2020.1733758","DOIUrl":"https://doi.org/10.1080/13600869.2020.1733758","url":null,"abstract":"ABSTRACT Contemporary discussions and disagreements about the deployment of machine learning, especially in criminal justice contexts, have no foreseeable end. Developers, practitioners and regulators could however usefully look back one hundred years to the similar arguments made when polygraph machines were first introduced in the United States. While polygraph devices and machine learning operate in distinctly different ways, at their heart, they both attempt to predict something about a person based on how others have behaved. This paper, through an historical perspective, examines the development of the polygraph within the justice system – both in courts and during criminal investigations – and draws parallels to today’s discussion. It can be argued that the promotion of lie detectors supported a reforming legal realist approach, something that continues today in the debates over the deployment of machine learning where ‘public good’ aims are in play, and raises questions around how key principles of the rule of law can best be upheld. Finally, this paper will propose a number of regulatory solutions informed by the early lie detector experience.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"107 1","pages":"214 - 231"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77436570","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: 7

From opt-in to obligation? Examining the regulation of globally operating tech companies through alternative regulatory instruments from a material and territorial viewpoint 从选择加入到义务?从物质和地域的角度，通过替代监管工具检查全球运营的科技公司的监管

International Review of Law, Computers and Technology Pub Date : 2020-03-03 DOI: 10.1080/13600869.2020.1733754

C. Vander Maelen

{"title":"From opt-in to obligation? Examining the regulation of globally operating tech companies through alternative regulatory instruments from a material and territorial viewpoint","authors":"C. Vander Maelen","doi":"10.1080/13600869.2020.1733754","DOIUrl":"https://doi.org/10.1080/13600869.2020.1733754","url":null,"abstract":"ABSTRACT Modern society’s ever-increasing reliance on technology raises complex legal challenges. In the search for an efficient and effective regulatory response, more and more authorities – in particular the European Union – are relying on alternative regulatory instruments (ARIs) when engaging big tech companies. Materially, this is a natural fit: the tech industry is a complex and rapidly-evolving sector and – unlike the rigid classic legislative process – ARIs allow for meaningful ex ante anticipatory constructions and ex post enforcement due to their unique flexibility. However, from a territorial point of view several complications arise. Although the use of codes of conduct to regulate transnational private actors has a rich history, the way in which such codes are set out under articles 40 and 41 of the EU’s GDPR implies a ‘hardening’ of these soft law instruments that has repercussions for their relationship to the principles of territorial jurisdiction. This contribution serves as a first step for further research into the relationship between codes of conduct, the regulation of the tech industry and the territorial aspects related thereto.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"61 1","pages":"183 - 200"},"PeriodicalIF":0.0,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83027424","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: 1

Introducing a property right over data in the EU: the data producer’s right – an evaluation 在欧盟引入数据产权:数据生产者的权利——一种评估

International Review of Law, Computers and Technology Pub Date : 2020-01-02 DOI: 10.1080/13600869.2019.1631621

I. Stepanov

引用次数: 22