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Articles 1 - 20 of 20
Full-Text Articles in Law
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
Book Chapters
This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
Research Collection Yong Pung How School Of Law
We present a method for generating possible proofs of a query with respect to a given Answer Set Programming (ASP) rule set using an abductive process where the space of abducibles is automatically constructed just from the input rules alone. Given a (possibly empty) set of user provided facts, our method infers any additional facts that may be needed for the entailment of a query and then outputs these extra facts, without the user needing to explicitly specify the space of all abducibles. We also present a method to generate a set of directed edges corresponding to the justification graph …
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
Law's Halo And The Moral Machine, Bert I. Huang
Law's Halo And The Moral Machine, Bert I. Huang
Faculty Scholarship
How will we assess the morality of decisions made by artificial intelligence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.
Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon
Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon
Journal of Digital Forensics, Security and Law
These days, digital crime is one of the main challenges for law enforcement and the judicial system. Many of the laws which are used to protect the users of current technologies were derived from legislation and laws that are utilized in the control of crimes that are based in the physical realm. This applies not only in Western countries, but in countries that adopt Sharia law. There is a need to establish specific legislation and accepted best practice to deal with digital crimes that is compatible with Sharia law, which affects more than one billion Muslims. This paper presents a …
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
All Faculty Scholarship
No abstract provided.
How Much Should We Spend To Protect Privacy?: Data Breaches And The Need For Information We Do Not Have, Richard Warner, Robert Sloan
How Much Should We Spend To Protect Privacy?: Data Breaches And The Need For Information We Do Not Have, Richard Warner, Robert Sloan
All Faculty Scholarship
A cost/benefit approach to privacy confronts two tradeoff issues. One is making appropriate tradeoffs between privacy and many goals served by the collection, distribution, and use of information. The other is making tradeoffs between investments in preventing unauthorized access to information and the variety of other goals that also make money, time, and effort demands. Much has been written about the first tradeoff. We focus on the second. The issue is critical. Data breaches occur at the rate of over three a day, and the aggregate social cost is extremely high. The puzzle is that security experts have long explained …
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
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.
Harnessing Legal Complexity, Daniel Katz, J. Ruhl, M Bommarito
Harnessing Legal Complexity, Daniel Katz, J. Ruhl, M Bommarito
All Faculty Scholarship
No abstract provided.
I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone
I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone
Australian Security and Intelligence Conference
Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and …
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Professor Katina Michael
Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.
Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke
Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke
Associate Professor Katina Michael
Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
Mark Perry
Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …
Profiles And Correlatable Humans, Mireille Hildebrandt
Profiles And Correlatable Humans, Mireille Hildebrandt
Mireille Hildebrandt
In this chapter I discuss some of the crucial implications of profiling practices for identity, legal subjectivity, democracy and rule of law. To this end I will attempt to answer (or at least raise) the question if and how the information and/or knowledge generated by these technologies can be made justiciable. First I will explain what is meant by the term profiling practices (section 2). Second I will discuss the purposes and some of the effects of the type of knowledge these practices produce (section 3). Third I will indicate in what ways profiling technologies produce a new type of …
Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow
Law Faculty Scholarship
In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
CRRAR Publications
Two recent computational models of legal argumentation, by Verheij and Gordon respectively, have interpreted critical questions as premises of arguments that can be defeated using Pollock’s concepts of undercutters and rebuttals. Using the scheme for arguments from expert opinion as an example, this paper evaluates and compares these two models of critical questions from the perspective of argumentation theory and competing legal theories about proof standardsfor defeating presumptions. The applicable proof standard is found to be a legal issue subject to argument. Verheij’smodel is shown to have problems because the proof stan-dards it applies to different kinds of premises are …
Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle
Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle
Eric A. Engle
The article explores the possibilities and limits of AI for teaching and modeling law.