Law Commons^™

Could A Robot Be District Attorney?, Stephen E. Henderson

Stephen E Henderson

No abstract provided.

Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais

Daniel J Gervais

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

Lori B. Andrews

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano

Tracy Mitrano

Chapter Four: Information Security, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter One: Free Speech, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Chapter Two: Privacy, Tracy Mitrano

Tracy Mitrano

Chapter Three: Intellectual Property, Tracy Mitrano

Tracy Mitrano

No abstract provided.

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Performance Rights For Software, Mark Perry, Stephen M. Watt

Stephen M. Watt

As we use software in increasingly varied contexts, the concept of a software license has become progressively more complex. Software is embedded in devices that do not obviously resemble computers. Web services make software on one computer available to anyone with internet access. An individual may use several computers over the course of the day so the concept of a node locked or individual license is no longer clear. How should time based and single use and consumptive licenses be governed and interact? This paper examines how these and other issues in software licensing can be seen as instances of …

Ict En Rechtsstaat, Mireille Hildebrandt

Mireille Hildebrandt

Onderling gekoppelde computersystemen, vaak online verbonden, bepalen in toenemende mate de omgeving van staat en recht. Sterker nog, staat en recht worden voor een steeds groter deel bemiddeld, vertaald of zelfs gemaakt door volautomatische beslissystemen die intussen grotendeels aan het zicht zijn onttrokken. De profetische woorden van Weiser uit 1991 lijken steeds accurater. Weiser schreef over ‘calm computing’, en kondigde een nieuwe werkelijkheid aan waarin computersystemen de fysieke omgeving voortdurend afstemmen op en aanpassen aan hun gebruikers terwijl hun complexiteit verborgen blijft en het toetsenbord en zelfs het beeldscherm niet meer nodig zijn. Mogelijke wensen en voorkeuren worden in zo’n …

Location Data, Purpose Binding And Contextual Integrity: What's The Message, Mireille Hildebrandt

Mireille Hildebrandt

This chapter investigates the issue of the proliferation of location data in the light of the ethical concept of contextual integrity and the legal concept of purpose binding. This involves an investigation of both concepts as side constraints on the free flow of information, entailing a balancing act between the civil liberties of individual citizens and the free flow of information. To tackle the issue the chapter starts from Floridi’s proposition that ‘communication means exchanging messages. So even the most elementary act of communication involves four elements: a sender, a receiver, a message, and a referent of the message’ and …

Slaves To Big Data. Or Are We?, Mireille Hildebrandt

Mireille Hildebrandt

In this contribution the notion of Big Data is discussed in relation to the monetisation of personal data. The claim of some proponents as well as adversaries, that Big Data implies that ‘n = all’, meaning that we no longer need to rely on samples because we have all the data, is scrutinized and found both overly optimistic and unnecessarily pessimistic. A set of epistemological and ethical issues is presented, focusing on the implications of Big Data for our perception, cognition, fairness, privacy and due process. The article then looks into the idea of user centric personal data management, to …

Private Cyber Retaliation Undermines Federal Authority, Jan Kallberg

Jan Kallberg

The demarcation in cyber between the government and the private spheres is important to uphold because it influences how we see the state and the framework in which states interact. One reason we have a nation state is, in a uniform and structured way, under the guidance of a representative democracy, to deal with foreign hostility and malicious activity.

The state is given a monopoly on violence by its citizenry. The state then acts under the existing laws on behalf of the citizens to ensure the intentions of the population it represents. These powers grant the federal government an authority …

The Rule Of Law In Cyberspace, Mireille Hildebrandt

Mireille Hildebrandt

This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.

Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt

Mireille Hildebrandt

In this contribution I argue that the image of the balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought I will explore the relationship between online security technologies and fundamental rights, notably privacy, non-discrimination, freedom of speech and due process. After discriminating between three types of online security technologies I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of …

Wie Featured Person Of The Month Highlights (Katina Michael), Keyana Tenant, Katina Michael

Professor Katina Michael

The WIE Featured Person of the Month is Katina Michael, editor-in-chief of IEEE Technology and Society Magazine. After working at OTIS Elevator Company and Andersen Consulting, Katina was offered and exciting graduate engineering position at Nortel in 1996; and her career has been fast track from there. Read Katina’s story on Page 7.

Natural Disasters And Early Warning Systems In Australia, Emma Papaemanuel, Katina Michael, Peter Johnston

Professor Katina Michael

Australia's national emergency warning system alerts. Radio program in Greek.

Are Disaster Early Warnings Effective?, Kerri Worthington, Katina Michael, Peter Johnson, Paul Barnes

Professor Katina Michael

Australia's summer is traditionally a time of heightened preparation for natural disasters, with cyclones and floods menacing the north and bushfires a constant threat in the south. And the prospect of more frequent, and more intense, disasters thanks to climate change has brought the need for an effective early warning system to the forefront of policy-making. Technological advances and improved telecommunication systems have raised expectations that warning of disasters will come early enough to keep people safe. But are those expectations too high? Kerri Worthington reports. Increasingly, the world's governments -- and their citizens -- rely on technology-based early warning …

Concern People Without Latest Technology Will Miss Fire Warnings, Sally Sara, Ashley Hall, Peter Johnson, Katina Michael

Professor Katina Michael

But what if the website goes down in the way Victoria's Country Fire Authority website crashed as fires raged a few weeks ago? What about those people who don't own the latest technology? And what happens when the power goes out?

KATINA MICHAEL: Well there's no television, there isn't ability to access the internet potentially.

ASHLEY HALL: Professor Katina Michael is Associate Professor at the School of Information Systems and Technology at the University of Wollongong.

KATINA MICHAEL: I would suggest a long lasting powered radio because we don't want is we don't want when the lights go out, or …

Introduction To The Value Of Personal Data, Mireille Hildebrandt, Kieron O'Hara, Michael Waidner

Mireille Hildebrandt

This Chapter provides an introduction to and overview of the 2013 Yearbook of the Digital Enlightenment Forum, on the subject of the value of personal data. It discusses why we should care about the current monetization of our personal data and raises the issue of whether and, if so, how user-centric personal data ecosystems help to rebalance power asymmetries between individual citizens and large Personal Data Processing Systems.

Profile Transparency By Design? Re-Enabling Double Contingency, Mireille Hildebrandt

Mireille Hildebrandt

No abstract provided.

Location And Tracking Of Mobile Devices: Überveillance Stalks The Streets, Katina Michael, Roger Clarke

Professor Katina Michael

During the last decade, location-tracking and monitoring applications have proliferated, in mobile cellular and wireless data networks, and through self-reporting by applications running in smartphones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smartphone-user's location not merely to a cell, but to a small area within it. Innovators have been quick to capitalise on these location-based technologies for commercial purposes, and have gained access to a great deal of sensitive personal data in the process. In addition, law enforcement utilise these technologies, can do so inexpensively and hence can track many …

Towards A Conceptual Model Of User Acceptance Of Location-Based Emergency Services, Anas Aloudat, Katina Michael

Professor Katina Michael

This paper investigates the introduction of location-based services by government as part of an all-hazards approach to modern emergency management solutions. Its main contribution is in exploring the determinants of an individual’s acceptance or rejection of location services. The authors put forward a conceptual model to better predict why an individual would accept or reject such services, especially with respect to emergencies. While it may be posited by government agencies that individuals would unanimously wish to accept life-saving and life-sustaining location services for their well-being, this view remains untested. The theorised determinants include: visibility of the service solution, perceived service …

The Future Prospects Of Embedded Microchips In Humans As Unique Identifiers: The Risks Versus The Rewards, Katina Michael, M.G. Michael

Professor Katina Michael

Microchip implants for humans are not new. Placing heart pacemakers in humans for prosthesis is now considered a straightforward procedure. In more recent times we have begun to use brain pacemakers for therapeutic purposes to combat illnesses such as epilepsy, Parkinson’s Disease, and severe depression. Microchips are even being placed inside prosthetic knees and hips during restorative procedures to help in the gathering of post-operative analytics that can aid rehabilitation further. While medical innovations that utilise microchips abound, over the last decade we have begun to see the potential use of microchip implants for non-medical devices in humans, namely for …

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …