Ferreira Daniel Brantes, C. Giovannini, E. Gromova, J. B. Ferreira
Ongoing technological advance brings change and arise trust issues in several traditional environments. Attitude and experience towards present and future use of online digital technologies and services in ADR proceedings may colour user perception of the effectiveness and trustworthiness of the technology employed. This study presents an exploratory analysis on issues related to non-presential ADR hearings and proceedings considering trust and assurance issues that intermediating technologies may bring. The data, collected in conjunction with an online survey and analysed using content analysis, points to that virtual hearings are in the early stages and users still suffer from technology anxieties and lack of practical experience. Also, human nature plays an important part in raising reliability issues for witness hearings and virtual proceedings.
{"title":"Arbitration chambers and technology: witness tampering and perceived effectiveness in videoconferenced dispute resolution proceedings","authors":"Ferreira Daniel Brantes, C. Giovannini, E. Gromova, J. B. Ferreira","doi":"10.1093/ijlit/eaad012","DOIUrl":"https://doi.org/10.1093/ijlit/eaad012","url":null,"abstract":"\u0000 Ongoing technological advance brings change and arise trust issues in several traditional environments. Attitude and experience towards present and future use of online digital technologies and services in ADR proceedings may colour user perception of the effectiveness and trustworthiness of the technology employed. This study presents an exploratory analysis on issues related to non-presential ADR hearings and proceedings considering trust and assurance issues that intermediating technologies may bring. The data, collected in conjunction with an online survey and analysed using content analysis, points to that virtual hearings are in the early stages and users still suffer from technology anxieties and lack of practical experience. Also, human nature plays an important part in raising reliability issues for witness hearings and virtual proceedings.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130067003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence of the need to develop mechanisms being able to cope with the challenges to online speech and safety caused by dramatic social events. Basic approaches to address content moderation issues developed by now are self-(co-) and state regulation, on the one hand, and contract and human rights law, on the other. However, neither of them taken separately can ensure the needed level of protection of human rights online. Thus, in this article the ways to combine and improve these approaches are proposed. On the one hand, there is a need to dwell on private law mechanisms allowing to ensure the protection of human rights by virtue of judgements in private disputes. On the other hand, state regulation should be improved by international instruments allowing to provide for a uniform approach to regulation at a global scale.
{"title":"Content moderation in times of war: testing state and self-regulation, contract and human rights law in search of optimal solutions","authors":"Nataliia Filatova-Bilous","doi":"10.1093/ijlit/eaad015","DOIUrl":"https://doi.org/10.1093/ijlit/eaad015","url":null,"abstract":"\u0000 The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence of the need to develop mechanisms being able to cope with the challenges to online speech and safety caused by dramatic social events. Basic approaches to address content moderation issues developed by now are self-(co-) and state regulation, on the one hand, and contract and human rights law, on the other. However, neither of them taken separately can ensure the needed level of protection of human rights online. Thus, in this article the ways to combine and improve these approaches are proposed. On the one hand, there is a need to dwell on private law mechanisms allowing to ensure the protection of human rights by virtue of judgements in private disputes. On the other hand, state regulation should be improved by international instruments allowing to provide for a uniform approach to regulation at a global scale.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127775265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies, by Guido Noto La Diega","authors":"Christof Koolen","doi":"10.1093/ijlit/eaad011","DOIUrl":"https://doi.org/10.1093/ijlit/eaad011","url":null,"abstract":"","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128658889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The use of artificial intelligence (AI) technology is gaining prominence in the whole gamut of the criminal justice system spanning the processes of crime identification, arrests, prosecution, sentencing and punishment. While the benefits of this are certain, so also are the demerits, especially as manifested in the data bias problem. This article focuses on the nature and impact of data bias in the development and deployment of AI on criminal justice outcomes. The justice outcomes are expressed in terms of injustice created through potential and actual breaches of human rights standards when artificial intelligence systems (AIS) are employed for criminal justice purposes. This article advocates a multifaceted approach involving legal, regulatory, trainings and ethical responses in combatting the data bias problem.
{"title":"Data bias, intelligent systems and criminal justice outcomes","authors":"J. O. Arowosegbe","doi":"10.1093/ijlit/eaad017","DOIUrl":"https://doi.org/10.1093/ijlit/eaad017","url":null,"abstract":"\u0000 The use of artificial intelligence (AI) technology is gaining prominence in the whole gamut of the criminal justice system spanning the processes of crime identification, arrests, prosecution, sentencing and punishment. While the benefits of this are certain, so also are the demerits, especially as manifested in the data bias problem. This article focuses on the nature and impact of data bias in the development and deployment of AI on criminal justice outcomes. The justice outcomes are expressed in terms of injustice created through potential and actual breaches of human rights standards when artificial intelligence systems (AIS) are employed for criminal justice purposes. This article advocates a multifaceted approach involving legal, regulatory, trainings and ethical responses in combatting the data bias problem.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124222977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There has been agreement at the United Nations level about a set of norms of responsible state behaviour in cyberspace, including norm (f) which prohibits cyber operations that cause intentional damage or impairment to critical infrastructure (CI). This article examines norm (f) in light of existing international law prohibiting malicious cyber operations against CI. It argues that norm (f) introduces complexity to the application of the law in this context that is counterproductive to developing clarity about the cyber operations against CI that are prohibited by international law. This is due to the subjectivity of the concept of CI, the contradictory legal status of norm (f), and due to existing uncertainties in how international law applies to state conduct in cyberspace which are compounded by norm (f). The article concludes that states need to develop more clarity about the relationship between international law and the norms of responsible state behaviour in cyberspace, and about how international law applies to cyber operations, particularly where CI is targeted.
{"title":"Cyber operations against critical infrastructure under norms of responsible state behaviour and international law","authors":"S. Haataja","doi":"10.1093/ijlit/eaad006","DOIUrl":"https://doi.org/10.1093/ijlit/eaad006","url":null,"abstract":"There has been agreement at the United Nations level about a set of norms of responsible state behaviour in cyberspace, including norm (f) which prohibits cyber operations that cause intentional damage or impairment to critical infrastructure (CI). This article examines norm (f) in light of existing international law prohibiting malicious cyber operations against CI. It argues that norm (f) introduces complexity to the application of the law in this context that is counterproductive to developing clarity about the cyber operations against CI that are prohibited by international law. This is due to the subjectivity of the concept of CI, the contradictory legal status of norm (f), and due to existing uncertainties in how international law applies to state conduct in cyberspace which are compounded by norm (f). The article concludes that states need to develop more clarity about the relationship between international law and the norms of responsible state behaviour in cyberspace, and about how international law applies to cyber operations, particularly where CI is targeted.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"926 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116420750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Every day, millions of decisions are made based on information provided by computers and millions of transactions are concluded automatically, by means or with the assistance of computer programs. Computers can accept payment and dispense products. Computers can also calculate the optimal price and predict the demand for the product. Technology enables us to automate a wide range of tasks involved in the process of forming contracts. Contrary to popular belief, such novel transacting practices are easily accommodated by existing legal principles, at least when it comes to the common law of contract. The latter is technology neutral and generally disregards the manner the parties’ statements come into existence. Considerable uncertainty would result if the statements we see on our computer screens could be disavowed on the basis that they were the product of mindless computer operations. This article contends that legal analyses must start with the law, not with overdramatized descriptions of technology or the assumption that contract law cannot accommodate such.
{"title":"Much ado about artificial intelligence or: the automation of contract formation","authors":"Eliza Mik","doi":"10.1093/ijlit/eaad004","DOIUrl":"https://doi.org/10.1093/ijlit/eaad004","url":null,"abstract":"\u0000 Every day, millions of decisions are made based on information provided by computers and millions of transactions are concluded automatically, by means or with the assistance of computer programs. Computers can accept payment and dispense products. Computers can also calculate the optimal price and predict the demand for the product. Technology enables us to automate a wide range of tasks involved in the process of forming contracts. Contrary to popular belief, such novel transacting practices are easily accommodated by existing legal principles, at least when it comes to the common law of contract. The latter is technology neutral and generally disregards the manner the parties’ statements come into existence. Considerable uncertainty would result if the statements we see on our computer screens could be disavowed on the basis that they were the product of mindless computer operations. This article contends that legal analyses must start with the law, not with overdramatized descriptions of technology or the assumption that contract law cannot accommodate such.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"43 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115756827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking Law, Regulation, and Technology by Roger Brownsword","authors":"V. Janeček","doi":"10.1093/ijlit/eaad003","DOIUrl":"https://doi.org/10.1093/ijlit/eaad003","url":null,"abstract":"","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129053364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While the popularity of non-fungible tokens (NFTs) has brought significant profits, legal practitioners have been exposed to unanswered legal concerns behind the frenzy of NFT transactions. Generally, such concerns include those related to the applicability of copyright to NFTs, the legal relationship between an NFT and the tokenized work, and the copyrights associated with the NFT in transactions. The Hangzhou Internet Court released the first NFT-related copyright case, setting a course for the subsequent judicial and business practice of IP-related NFTs nationally and internationally. With these general considerations in mind, the paper briefly introduces what non-fungible tokens are and how they relate to copyright law. Specifically, by interpreting the first NFT-related copyright decision in detail, the paper addresses the legal status of NFT and NFT transactions from the perspective of Chinese Copyright Law, with particular focus on the liability of online platforms and the applicability of the exhaustion doctrine.
{"title":"Copyright law and non-fungible tokens: experience from China","authors":"Baiyang Xiao","doi":"10.1093/ijlit/eaad007","DOIUrl":"https://doi.org/10.1093/ijlit/eaad007","url":null,"abstract":"\u0000 While the popularity of non-fungible tokens (NFTs) has brought significant profits, legal practitioners have been exposed to unanswered legal concerns behind the frenzy of NFT transactions. Generally, such concerns include those related to the applicability of copyright to NFTs, the legal relationship between an NFT and the tokenized work, and the copyrights associated with the NFT in transactions. The Hangzhou Internet Court released the first NFT-related copyright case, setting a course for the subsequent judicial and business practice of IP-related NFTs nationally and internationally. With these general considerations in mind, the paper briefly introduces what non-fungible tokens are and how they relate to copyright law. Specifically, by interpreting the first NFT-related copyright decision in detail, the paper addresses the legal status of NFT and NFT transactions from the perspective of Chinese Copyright Law, with particular focus on the liability of online platforms and the applicability of the exhaustion doctrine.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121127967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism? by by Oreste Pollicino","authors":"Giulia Gentile","doi":"10.1093/ijlit/eaad002","DOIUrl":"https://doi.org/10.1093/ijlit/eaad002","url":null,"abstract":"","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115330641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Inspired by the story of Jang Ji-sung and the virtual resurrection of her daughter, Nayeon, this article explores how the legal issues that arise when people (living or deceased) are digitally cloned and rendered into virtual or augmented reality ground a compelling argument for why UK law should recognize a broader suite of personality rights. Technologies once confined to the two-dimensional realm of print media or locked within the aspect ratio of a digital display are now manifesting in three dimensions. In the same way, that technological advancements in photography gave rise to the current formulation of privacy and publicity rights, innovations in virtual and augmented reality [collectively known as extended reality (XR) technology] foreshadow the next paradigm shift. Utilizing a series of hypothetical scenarios that illustrate the unique challenges XR technology poses, this article reveals how the UK’s lack of personality rights is becoming ever more problematic in the case of the living, and wholly indefensible in the case of the dead.
{"title":"The death and life of Jang Nayeon: a case for personality rights in the digital layers of reality","authors":"Amber Boothe","doi":"10.1093/ijlit/eaad005","DOIUrl":"https://doi.org/10.1093/ijlit/eaad005","url":null,"abstract":"\u0000 Inspired by the story of Jang Ji-sung and the virtual resurrection of her daughter, Nayeon, this article explores how the legal issues that arise when people (living or deceased) are digitally cloned and rendered into virtual or augmented reality ground a compelling argument for why UK law should recognize a broader suite of personality rights. Technologies once confined to the two-dimensional realm of print media or locked within the aspect ratio of a digital display are now manifesting in three dimensions. In the same way, that technological advancements in photography gave rise to the current formulation of privacy and publicity rights, innovations in virtual and augmented reality [collectively known as extended reality (XR) technology] foreshadow the next paradigm shift. Utilizing a series of hypothetical scenarios that illustrate the unique challenges XR technology poses, this article reveals how the UK’s lack of personality rights is becoming ever more problematic in the case of the living, and wholly indefensible in the case of the dead.","PeriodicalId":163937,"journal":{"name":"Int. J. Law Inf. Technol.","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128869072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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