International Review of Law, Computers and Technology最新文献_第9页

Child sex dolls and robots: challenging the boundaries of the child protection framework 儿童充气娃娃和机器人:挑战儿童保护框架的边界

International Review of Law, Computers and Technology Pub Date : 2020-01-02 DOI: 10.1080/13600869.2019.1600870

B. Chatterjee

{"title":"Child sex dolls and robots: challenging the boundaries of the child protection framework","authors":"B. Chatterjee","doi":"10.1080/13600869.2019.1600870","DOIUrl":"https://doi.org/10.1080/13600869.2019.1600870","url":null,"abstract":"ABSTRACT Foreign-made child sex dolls are now commercially available online, and recent cases indicate that their importation is a criminal offence. However, whilst there are growing calls for criminalisation, it is unclear as to where the law stands in relation to them and their robotic counterparts. This article seeks to initiate debate by asking; could and should child sex dolls and robots be caught by the child protection framework? Considering core offences, it explores whether and where such items might fit within the current law. The argument proposed is that that whilst there may be patchy coverage no single statute provides a convincing match. Drawing analogies to legal debates on child pornography, the article considers various justifications for criminalisation. Following a harm-based perspective, it proposes new crimes under the Sexual Offences Act 2003 (‘SOA’) which address the creation, distribution and possession of child sex dolls and robots where a real child is involved in their creation. Where sex dolls and robots are fantasy creations, it is argued that different considerations arise and it is difficult to justify the same range of restrictions. Accordingly, separate SOA offences are suggested with exception made for self-made artefacts that are intended solely for private use.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"5 1 1","pages":"22 - 43"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90059406","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: 16

Re-thinking the categorisation of data in the context of law enforcement cross-border access to evidence 在执法跨界获取证据的背景下重新思考数据分类

International Review of Law, Computers and Technology Pub Date : 2020-01-02 DOI: 10.1080/13600869.2019.1600871

Claudia Warken, Lodewijk van Zwieten, D. Svantesson

引用次数: 6

Investigating crime in an interconnected society: will the new and updated EU judicial environment remove the barriers to justice? 在一个相互联系的社会中调查犯罪:新的和更新的欧盟司法环境会消除司法障碍吗?

International Review of Law, Computers and Technology Pub Date : 2020-01-02 DOI: 10.1080/13600869.2019.1700434

Borka Jerman Blažič, T. Klobučar

{"title":"Investigating crime in an interconnected society: will the new and updated EU judicial environment remove the barriers to justice?","authors":"Borka Jerman Blažič, T. Klobučar","doi":"10.1080/13600869.2019.1700434","DOIUrl":"https://doi.org/10.1080/13600869.2019.1700434","url":null,"abstract":"ABSTRACT This paper discusses the current issues and proposes legal remedies for removing the barriers to gathering cross-border electronic evidence for a more efficient fight against crime and cybercrime. Governments’ attempts to fight cybercrime face several barriers, due to an inconsistent understanding of the problem in the search for cross-border e-evidence, the legality of the data being sought and the rules for cooperation with the service providers of communication services. The paper briefly presents the legal scene in the EU, the efforts related to the implementation of Directive 2014/41/EU, specifying the European Investigation Order in criminal matters, and the provision of legal procedures for cross-border e-evidence collection proposed by the new EU act for production and preservation orders. A new model of categorizing the forms and the type of data that reside on communication networks in a territory different from the location of the criminal act is presented as well. The results of the European project LIVE_FOR, intended to raise the awareness of the European investigation order among legal professionals are also presented. The examination of the new data model as well as the new procedures for e-evidence collection promise to remove the current barriers and offer more efficient justice.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"9 6 1","pages":"107 - 87"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75569695","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

Capturing licence plates: police-citizen interaction apps from an EU data protection perspective 捕捉车牌:从欧盟数据保护的角度看警民互动应用

International Review of Law, Computers and Technology Pub Date : 2020-01-02 DOI: 10.1080/13600869.2019.1600335

J. Milaj, Gerard Jan Ritsema van Eck

{"title":"Capturing licence plates: police-citizen interaction apps from an EU data protection perspective","authors":"J. Milaj, Gerard Jan Ritsema van Eck","doi":"10.1080/13600869.2019.1600335","DOIUrl":"https://doi.org/10.1080/13600869.2019.1600335","url":null,"abstract":"ABSTRACT A Pokémon Go-like smartphone app called ‘Automon’ was unveiled in October 2017 as one of several new initiatives to increase the public’s contribution and engagement in police investigations in the Netherlands. Automon is designed in the form of a game that instigates participants to photograph license plates to find out if a vehicle is stolen. The participants in the game score points for each license plate photographed, and may also qualify for a financial reward if a vehicle is actually stolen. In addition, when someone reports that a vehicle has been recently stolen, game participants that are in the vicinity receive a push notification and are tasked with searching for that particular vehicle and license plate. This paper studies the example of the Automon app and contributes to the existing debate on crowdsourced surveillance and the involvement of individuals in law enforcement activities from an EU law perspective. It analyses the lawfulness of initiatives that proactively require individuals to be involved in law enforcement activities and confronts them for the first time with European Union (EU) data protection standards. It is concluded that the Automon app design does not meet the new legal standards.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"34 1","pages":"1 - 21"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79022333","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

A barrier to innovation: Europe’s ad-hoc cross-border framework for testing prototype autonomous vehicles 创新的障碍:欧洲用于测试原型自动驾驶汽车的临时跨境框架

International Review of Law, Computers and Technology Pub Date : 2019-12-01 DOI: 10.1080/13600869.2019.1696651

J. Pattinson, Haibo Chen

{"title":"A barrier to innovation: Europe’s ad-hoc cross-border framework for testing prototype autonomous vehicles","authors":"J. Pattinson, Haibo Chen","doi":"10.1080/13600869.2019.1696651","DOIUrl":"https://doi.org/10.1080/13600869.2019.1696651","url":null,"abstract":"ABSTRACT The conglomeration of regulatory frameworks for the testing of prototype autonomous vehicles in Europe creates a challenging task for developers and researchers planning pilots across borders. While there are examples of international autonomous driving projects and cooperation in autonomous vehicle research, Europe lacks a mutually recognised testing procedure for autonomous vehicle pilots, and incompatible legal and administrative processes in each country creates a disincentive for ambitious cross-border testing. The diverse climate and topography of Europe potentially provides a rigorous testing ground for autonomous vehicles, and an opportunity to prepare the new technology to deal with varied signage, language and driver behaviour encountered when travelling across multiple countries. Prototype vehicles tested in such conditions provide valuable insight for research and product development. This may be encouraged by a more harmonised prototype testing framework including a pan-European type-approval exemption scheme for prototype vehicles, and for cross-border tests to be coordinated by regional organisations interested in promoting development in border areas.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"32 1","pages":"108 - 122"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87933271","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: 4

The reform of the EU data protection framework in the context of the police and criminal justice sector: harmonisation, scope, oversight and enforcement 在警察和刑事司法部门背景下欧盟数据保护框架的改革:协调、范围、监督和执行

International Review of Law, Computers and Technology Pub Date : 2019-09-02 DOI: 10.1080/13600869.2017.1370224

M. M. Caruana

{"title":"The reform of the EU data protection framework in the context of the police and criminal justice sector: harmonisation, scope, oversight and enforcement","authors":"M. M. Caruana","doi":"10.1080/13600869.2017.1370224","DOIUrl":"https://doi.org/10.1080/13600869.2017.1370224","url":null,"abstract":"ABSTRACT This paper considers select emergent issues arising from the reform of the EU data protection framework, and how these might impact upon data processing in the law enforcement and criminal justice sectors. It analyses those aspects of the recently enacted Directive 2016/680 on data protection in the police and criminal justice sectors that will be determinative of its effective and consistent application in practice. It considers the extent to which the Principles laid down in Council of Europe Recommendation R(87)15 regulating the use of personal data in the police sector have been retained, adapted, strengthened, weakened or abandoned in Directive 2016/680. Certain problems arising from the Directive, not to mention the very medium of a Directive, separate from the General Regulation, as the instrument of choice, could be said to have been ‘writing on the wall’, as evidenced by the on-going discussions in the Commission expert group on the Regulation 2016/679 and Directive 2016/680 (E03461) on, for example, the complicated matter of delimitation between Directive 2016/680 and the General Data Protection Regulation (2016/679), oversight and enforcement; in particular, ensuring control by independent Supervisory Authorities, and international transfers and transfers to private parties.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"67 1","pages":"249 - 270"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82674566","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

An experimental approach to regulating non-military unmanned aircraft systems 一种调节非军用无人机系统的实验方法

International Review of Law, Computers and Technology Pub Date : 2019-09-02 DOI: 10.1080/13600869.2018.1429721

Haomiao Du, M. Heldeweg

{"title":"An experimental approach to regulating non-military unmanned aircraft systems","authors":"Haomiao Du, M. Heldeweg","doi":"10.1080/13600869.2018.1429721","DOIUrl":"https://doi.org/10.1080/13600869.2018.1429721","url":null,"abstract":"ABSTRACT This article introduces three modes of regulatory experimentation – derogation, devolution and open-texture – for regulators to respond to the challenges brought by disruptive innovation such as non-military unmanned aircraft systems (UAS). This article argues that where there is an urgency of requiring a regulatory response to a new societal challenge, and there is serious empirical uncertainty about expected technological or regulatory events and/or their consequences, experimental regulations can be a fitting approach in dealing with the new challenge – as with UAS. As the risk of failure is an intrinsic aspect of innovation, the most significant function of regulatory experimentation is to yield useful information rather than verify the validity of an innovation. Nevertheless, the setting of experimental regulation should take into account both epistemic requirements and legal values. The principles of certainty, equality and proportionality express the legal values that guide decision-making towards legitimate experimental regulation. The experimental approach demonstrated in this article also provides a model of ‘future-proof’ regulation. This is applied to UAS particularly by zones as experimenting by derogation and perhaps also by devolution and open texture.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"31 1","pages":"285 - 308"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88167959","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: 11

Strengthening data privacy: the obligation of organisations to notify affected individuals of data breaches 加强数据隐私:组织有义务通知受影响的个人数据泄露

International Review of Law, Computers and Technology Pub Date : 2019-09-02 DOI: 10.1080/13600869.2017.1379368

Niloufer Selvadurai, Nazzal Kisswani, Yaser Khalaileh

引用次数: 2

I have a Facebook account, therefore I am – authentication with social networks 我有一个Facebook帐户，因此我是-认证与社会网络

International Review of Law, Computers and Technology Pub Date : 2019-05-04 DOI: 10.1080/13600869.2018.1475895

J. Schroers

引用次数: 1

The United Nations data privacy system and its limits 联合国数据隐私系统及其局限性

International Review of Law, Computers and Technology Pub Date : 2019-05-04 DOI: 10.1080/13600869.2018.1426305

K. Yilma

引用次数: 4