Law, Governance and Technology Series – serie

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age.

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.

This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts.The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, andcomplexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

To protect this right, the author advocates the licensing of personal identifiable images where appropriate.The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved.

To protect this right, the author advocates the licensing of personal identifiable images where appropriate.The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved.

This open access book focuses on the discrepancies in biobank research regulations that are among the most significant hurdles to effective research collaboration. The General Data Protection Regulation (GDPR) has established stringent requirements for the processing of health and genetic data, while simultaneously allowing considerable multi-level exceptions for the purposes of scientific research. In addition to directly applicable exceptions, the GDPR places the regulatory responsibility for further defining how the Member States strike a balance between the individuals' rights and the public interest in research within their national legal orders. Since Member States' approaches to the trade-off between data subjects' rights on the one hand, and appropriate safeguards on the other, differ according to their ethical and legal traditions, their data protection requirements for research also differ considerably. This study takes a comprehensive approach to determine how the GDPR affects regulatory regimes on the use of personal data in biobanking research, with a particular focus on the balance between individuals' rights, public interest and scientific research. In this regard, it has two main goals: first, to scrutinize the GDPR research regime, its objective and constitutive elements, the impact it has on biobanking, and its role in a changing EU landscape post-Brexit; and second, to examine how various exceptions have been operationalized nationally, and what challenges and opportunities this diversification entails. The book not only captures the complexity GDPR creates for biobanking, but also sheds light on various approaches to tackling the corresponding challenges. It offers the first comprehensive analysis of GDPR for biobanking, and the most up-to-date overview of the national biobank regulatory frameworks in Europe.

This book outlines the legal powers of a major Western nation – Australia – to collect and use location information.

This book outlines the legal powers of a major Western nation – Australia – to collect and use location information.

The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.

The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system.

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system.

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence.

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence.

This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions.

This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions.

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has alsogreatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has alsogreatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world.The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise ofdemocracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies.In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective.Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world.The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise ofdemocracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies.In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective.Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

This book identifies the principles that should be applied when processing Big Data in the context of food safety risk assessments. Food safety is a critical goal in the protection of individuals’ right to health and the flourishing of the food and feed market. Big Data is fostering new applications capable of enhancing the accuracy of food safety risk assessments. An extraordinary amount of information is analysed to detect the existence or predict the likelihood of future risks, also by means of machine learning algorithms. Big Data and novel analysis techniques are topics of growing interest for food safety agencies, including the European Food Safety Authority (EFSA). This wealth of information brings with it both opportunities and risks concerning the extraction of meaningful inferences from data. However, conflicting interests and tensions among the parties involved are hindering efforts to find shared methods for steering the processing of Big Data in a sound, transparent and trustworthy way. While consumers call for more transparency, food business operators tend to be reluctant to share informational assets. This has resulted in a considerable lack of trust in the EU food safety system. A recent legislative reform, supported by new legal cases, aims to restore confidence in the risk analysis system by reshaping the meaning of data ownership in this domain. While this regulatory approach is being established, breakthrough analytics techniques are encouraging thinking about the next steps in managing food safety data in the age of machine learning.The book focuses on two core topics – data ownership and data governance – by evaluating how the regulatory framework addresses the challenges raised by Big Data and its analysis in an applied, significant, and overlooked domain. To do so, it adopts an interdisciplinary approach that considers both the technological advances and the policy tools adopted in the European Union, while also assuming an ethical perspective when exploring potential solutions. The conclusion puts forward a proposal: an ethical blueprint for identifying the principles – Security, Accountability, Fairness, Explainability, Transparency and Privacy – to be observed when processing Big Data for food safety purposes, including by means of machine learning. Possible implementations are then discussed, also in connection with two recent legislative proposals, namely the Data Governance Act and the Artificial Intelligence Act.

This book identifies the principles that should be applied when processing Big Data in the context of food safety risk assessments. Food safety is a critical goal in the protection of individuals’ right to health and the flourishing of the food and feed market. Big Data is fostering new applications capable of enhancing the accuracy of food safety risk assessments. An extraordinary amount of information is analysed to detect the existence or predict the likelihood of future risks, also by means of machine learning algorithms. Big Data and novel analysis techniques are topics of growing interest for food safety agencies, including the European Food Safety Authority (EFSA). This wealth of information brings with it both opportunities and risks concerning the extraction of meaningful inferences from data. However, conflicting interests and tensions among the parties involved are hindering efforts to find shared methods for steering the processing of Big Data in a sound, transparent and trustworthy way. While consumers call for more transparency, food business operators tend to be reluctant to share informational assets. This has resulted in a considerable lack of trust in the EU food safety system. A recent legislative reform, supported by new legal cases, aims to restore confidence in the risk analysis system by reshaping the meaning of data ownership in this domain. While this regulatory approach is being established, breakthrough analytics techniques are encouraging thinking about the next steps in managing food safety data in the age of machine learning.The book focuses on two core topics – data ownership and data governance – by evaluating how the regulatory framework addresses the challenges raised by Big Data and its analysis in an applied, significant, and overlooked domain. To do so, it adopts an interdisciplinary approach that considers both the technological advances and the policy tools adopted in the European Union, while also assuming an ethical perspective when exploring potential solutions. The conclusion puts forward a proposal: an ethical blueprint for identifying the principles – Security, Accountability, Fairness, Explainability, Transparency and Privacy – to be observed when processing Big Data for food safety purposes, including by means of machine learning. Possible implementations are then discussed, also in connection with two recent legislative proposals, namely the Data Governance Act and the Artificial Intelligence Act.

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers’ interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible.Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU.The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers’ interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible.Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU.The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.

This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence.

This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence.

Artificial Intelligence (AI) can benefit our society and economy, but also brings with it new challenges and raises legal and ethical questions. According to the author of this comprehensive analysis, it is imperative to ensure that AI is developed and applied in an appropriate legal and regulatory framework that promotes innovation and investment and, at the same time, addresses the risks associated with certain uses of AI-related technologies.Essential to understanding the relationship between policy and law, this book traces the evolution of EU policy on artificial intelligence and robotics, focusing in particular on the EU’s ethical framework for AI, which defines trust as a prerequisite for ensuring a human-centric approach.The main part of the book provides a thorough and systematic analysis of the Commission’s 2021 proposed AI Act, which establishes harmonised rules for the development, placement on the market and use of AI systems in the EU. The author painstakingly compares the Commission’s proposed AI Act with the numerous “compromise” proposals of the Council of the European Union, leading to the final version of the Council’s AI Act (general approach) and its formal adoption on 6 December 2022. The author also examines with extraordinary detail the amendments proposed by the relevant committees and political groups of the European Parliament, revealing the position the Parliament is likely to adopt in the forthcoming negotiations with the Commission and the Council on the text of the AI Act.Numerous legislative and policy documents are presented in detail, while the analysis also considers the comments made by all interested parties (e.g. the European Commission, Council of the European Union, European Parliament, governmental organisations, national competent authorities, and stakeholders/actors with different/conflicting interests, such as corporations, business and consumer associations, civil society and other non-profit organisations). In the course of its in-depth analysis, this book will provide readers with crucial insight into the reasons behind the European Institutions’ different approaches and the often contradictory interests of stakeholders. Because the policy arguments are carefully balanced and drafted with scrupulous care, this volume will establish itself as a reference resource to be consulted for years to come.

Artificial Intelligence (AI) can benefit our society and economy, but also brings with it new challenges and raises legal and ethical questions. According to the author of this comprehensive analysis, it is imperative to ensure that AI is developed and applied in an appropriate legal and regulatory framework that promotes innovation and investment and, at the same time, addresses the risks associated with certain uses of AI-related technologies.Essential to understanding the relationship between policy and law, this book traces the evolution of EU policy on artificial intelligence and robotics, focusing in particular on the EU’s ethical framework for AI, which defines trust as a prerequisite for ensuring a human-centric approach.The main part of the book provides a thorough and systematic analysis of the Commission’s 2021 proposed AI Act, which establishes harmonised rules for the development, placement on the market and use of AI systems in the EU. The author painstakingly compares the Commission’s proposed AI Act with the numerous “compromise” proposals of the Council of the European Union, leading to the final version of the Council’s AI Act (general approach) and its formal adoption on 6 December 2022. The author also examines with extraordinary detail the amendments proposed by the relevant committees and political groups of the European Parliament, revealing the position the Parliament is likely to adopt in the forthcoming negotiations with the Commission and the Council on the text of the AI Act.Numerous legislative and policy documents are presented in detail, while the analysis also considers the comments made by all interested parties (e.g. the European Commission, Council of the European Union, European Parliament, governmental organisations, national competent authorities, and stakeholders/actors with different/conflicting interests, such as corporations, business and consumer associations, civil society and other non-profit organisations). In the course of its in-depth analysis, this book will provide readers with crucial insight into the reasons behind the European Institutions’ different approaches and the often contradictory interests of stakeholders. Because the policy arguments are carefully balanced and drafted with scrupulous care, this volume will establish itself as a reference resource to be consulted for years to come.

Both legal scholars and computer scientists will be curious to know how the gap between law and computing can be bridged.The law, and also jurisprudence, is based on language, and is mainly textual. Every syntactic system has its semantic range, and so does language, which in law achieves a high degree of professional precision. The use of visualisations is a syntactic supplement and opens up a new understanding of legal forms. This understanding was reinforced by the paradigm shift from textual law to legal informatics, in which visual formal notations are decisive. The authors have been dealing with visualisation approaches for a long time and summarise them here for discussion.In this book, a multiphase transformation from the legal domain to computer code is explored. The authors consider law enforcement by computer. The target view is that legal machines are legal actors that are capable of triggering institutional facts. In the visualisation of statutorylaw, an approach called Structural Legal Visualisation is presented. Specifically, the visualisation of legal meaning is linked with tertium comparationis, the third part of the comparison. In a legal documentation system, representing one legal source with multiple documents is viewed as a granularity problem. The authors propose to supplement legislative documents ex ante with explicit logic-oriented information in the form of a mini thesaurus. In contrast to so-called strong relations such as synonymy, antonymy and hypernymy/hyponymy, one should consider weak relations: (1) dialectical relations, a term of dialectical antithesis; (2) context relations; and (3) metaphorical relations, which means the use of metaphors for terms.The chapters trace topics such as the distinction between knowledge visualisation and knowledge representation, the visualisation of Hans Kelsen’s Pure Theory of Law, the separation of law and legal science, legal subsumption, legal relations, legal machines, encapsulation, compliance, transparency, standard cases and hard cases.