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Self-Regulation in Cyberspace
Is private regulation of the Internet over? Have states taken over? This book examines the function of self-regulation in cyberspace. It argues that, contrary to what is often supposed in the literature, self-regulation is still an indispensable part of regulation of the Internet and will arguably remain so. It is intricately woven in the mesh of rules that governs the Internet today. Private regulation fills substantive or procedural gaps where no state regulation exists or where it is incomplete or ineffective, thus complementing the reach of state regulation. Simultaneously, states supply legal (and financial) frameworks that enable or complement self-regulation. In practice, often unknown to users, their behaviour is regulated by intertwined rules coming from both states and private groups. While each source of rules retains its identity and regulatory strengths, it is dependent on and complementary to the rules and processes of the other to effectively regulate Internet activities.
Surveillance Law, Data Retention and Human Rights
This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly un...
Handling and Exchanging Electronic Evidence Across Europe
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 te...
Technology and Legal Systems
The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.
Handbook of Biometric Anti-Spoofing
The third edition of this authoritative and comprehensive handbook is the definitive work on the current state of the art of Biometric Presentation Attack Detection (PAD) – also known as Biometric Anti-Spoofing. Building on the success of the previous editions, this thoroughly updated third edition has been considerably revised to provide even greater coverage of PAD methods, spanning biometrics systems based on face, fingerprint, iris, voice, vein, and signature recognition. New material is also included on major PAD competitions, important databases for research, and on the impact of recent international legislation. Valuable insights are supplied by a selection of leading experts in the...
Data Governance: Value Orders and Jurisdictional Conflicts
As digital data becomes increasingly important for security agencies, business, and individuals, the ability to control it becomes ever more attractive with conflict arising as multiple parties attempt to do so. This book looks at the arguments at the heart of these conflicts and creates a framework to analyse and assess how these get resolved.
Constitutional Paradigms and the Stability of States
This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.
Implications of Pre-emptive Data Surveillance for Fundamental Rights in the European Union
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Responsible Research and Innovation Actions in Science Education, Gender and Ethics
This book gathers case studies presented at the International Conference on Responsible Research and Innovation in Science, Innovation and Society (RRI-SIS2017). It highlights European initiatives and projects in various domains and contexts, each of which explores how to create guidelines and good practices for Responsible Research and Innovation and how to promote them among citizens, industry stakeholders, policy and decision makers, research funders and educational institutions to foster their adoption as a potential benchmark in establishing RRI processes. Further, the book discusses gender and ethical issues, which are highly relevant for RRI initiatives in connection with representativeness, risks and in some cases, minority rights.
Freedom, Security and Justice in the European Union
As the European Union has evolved, it has also begun to address policy questions which are closer to the very heart of the state. From cooperation in Justice and Home Affairs, originally conceived as the third pillar of European cooperation, has emerged the Area of Freedom, Security, and Justice (AFSJ). A unique aspect of policy in this area is the desire to integrate the internal and external dimensions of this policy area. One of the tensions in this policy area has been balancing the protection of fundamental rights and increasing security. The first part of this book focuses on the institutional relations of policymaking in AFSJ, both within member states and between member states, in pa...
