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This text is the culmination of a nearly 6-year project to examine the systematic government access of private information from companies and other private-sector organisations. It provides 12 updated country reports to present both descriptive and normative frameworks for analysing national surveillance laws, and to focus on international law, human rights law and oversight mechanisms.
This Encyclopedia brings together jurists, computer scientists, and data analysts to map the emerging field of data science and law for the first time, uncovering the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability.
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abste...
This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs thro...
The Rutgers Computer & Technology Law Journal now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This second issue of Volume 40, 2014, features new articles and student contributions on topics related to: using tech to enhance pro bono work, using tech in the law classroom, BitTorrent copyright trolling, taxation of e-commerce and internet sales, and cyber insurance and tangible property. The issue also includes the annual, extensive Bibliography -- in grouped order with a useful, linked Index -- of articles and essays in all the academic journals related to technology, computers, the internet, and the law. In the new ebook edition, quality presentation includes active TOC, linked notes and Index, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition.
Why software isn’t perfect, as seen through the stories of software developers at a run-of-the-mill tech company Contrary to much of the popular discourse, not all technology is seamless and awesome; some of it is simply “good enough.” In Middle Tech, Paula Bialski offers an ethnographic study of software developers at a non-flashy, non-start-up corporate tech company. Their stories reveal why software isn’t perfect and how developers communicate, care, and compromise to make software work—or at least work until the next update. Exploring the culture of good enoughness at a technology firm she calls “MiddleTech,” Bialski shows how doing good-enough work is a collectively negoti...
The case for taking design seriously in privacy law -- Why design is (almost) everything -- Privacy law's design gap -- Privacy values in design -- Setting boundaries for design -- A toolkit for privacy design -- Social media -- Hide and seek technologies -- The internet of things
Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance of cities in recent decades from political, economic, socio-cultural, and demographic perspectives.
The value of personal data has traditionally been understood in ethical terms as a safeguard for personality rights such as human dignity and privacy. However, we have entered an era where personal data are mined, traded and monetized in the process of creating added value - often in terms of free services including efficient search, support for social networking and personalized communications. This volume investigates whether the economic value of personal data can be realized without compromising privacy, fairness and contextual integrity. It brings scholars and scientists from the disciplines of computer science, law and social science together with policymakers, engineers and entrepreneurs with practical experience of implementing personal data management. The resulting collection will be of interest to anyone concerned about privacy in our digital age, especially those working in the field of personal information management, whether academics, policymakers, or those working in the private sector.
The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies.