Pub Date : 2023-07-04DOI: 10.1080/13600834.2023.2231324
Saloni Khanderia
ABSTRACT India’s endeavour of becoming a leader in shared mobility indicates that it could soon follow suit in becoming one of the leading driverless car markets across the globe. The paper critically analyses the state of India’s current liability laws on automobile-related injuries in a comparative context. It examines whether their extension to technology-based automobiles such as driverless cars may be feasible – particularly considering that accidents involving their operation are likely to be attributable to malfunctions in the software or hardware of these vehicles. Accordingly, it highlights some challenges that existing laws may pose in deterring manufacturers from expanding their markets in India. The paper refers to the approaches of some major economies such as Germany, China, South Korea and the UK and proposes workable solutions that Indian legislators may employ to resolve the predicaments that the extension of existing legal principles to disputes arising from accidents involving driverless cars may cause.
{"title":"Driverless cars and the determination of the manufacturer’s liability for injuries: is India ready?","authors":"Saloni Khanderia","doi":"10.1080/13600834.2023.2231324","DOIUrl":"https://doi.org/10.1080/13600834.2023.2231324","url":null,"abstract":"ABSTRACT India’s endeavour of becoming a leader in shared mobility indicates that it could soon follow suit in becoming one of the leading driverless car markets across the globe. The paper critically analyses the state of India’s current liability laws on automobile-related injuries in a comparative context. It examines whether their extension to technology-based automobiles such as driverless cars may be feasible – particularly considering that accidents involving their operation are likely to be attributable to malfunctions in the software or hardware of these vehicles. Accordingly, it highlights some challenges that existing laws may pose in deterring manufacturers from expanding their markets in India. The paper refers to the approaches of some major economies such as Germany, China, South Korea and the UK and proposes workable solutions that Indian legislators may employ to resolve the predicaments that the extension of existing legal principles to disputes arising from accidents involving driverless cars may cause.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"356 - 384"},"PeriodicalIF":1.5,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42731446","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}
Pub Date : 2023-05-13DOI: 10.1080/13600834.2023.2208992
Sara Lehtilä, Anette Alén, Päivi Korpisaari, H. Himmanen
ABSTRACT Smart cities rely on data, wireless technology, and connectivity; therefore, the radio spectrum is essential for their future development. This article provides an overview of the regulatory framework and relevant actors related to spectrum use, thereby promoting foreseeability and thus investment in the smart city ecosystem. The focus is the EU-level, but due to the importance of national and local levels, Finland functions as an example. The article highlights the important role of network slicing, infrastructure and spectrum sharing, other forms of cooperation for smart city development, and various operational models and alternatives. The article concludes that smart city operations are both possible and also supported by current regulation and allocation. Despite international and EU-level frameworks, national approaches remain relatively critical. Future real-life experiences will indicate the direction of spectrum regulation, but clearly smart cities require dynamic, local and flexible (use of) networks.
{"title":"Spectrum regulation and frequency allocation in the context of a smart city – using the regulatory approach in Finland as an example","authors":"Sara Lehtilä, Anette Alén, Päivi Korpisaari, H. Himmanen","doi":"10.1080/13600834.2023.2208992","DOIUrl":"https://doi.org/10.1080/13600834.2023.2208992","url":null,"abstract":"ABSTRACT Smart cities rely on data, wireless technology, and connectivity; therefore, the radio spectrum is essential for their future development. This article provides an overview of the regulatory framework and relevant actors related to spectrum use, thereby promoting foreseeability and thus investment in the smart city ecosystem. The focus is the EU-level, but due to the importance of national and local levels, Finland functions as an example. The article highlights the important role of network slicing, infrastructure and spectrum sharing, other forms of cooperation for smart city development, and various operational models and alternatives. The article concludes that smart city operations are both possible and also supported by current regulation and allocation. Despite international and EU-level frameworks, national approaches remain relatively critical. Future real-life experiences will indicate the direction of spectrum regulation, but clearly smart cities require dynamic, local and flexible (use of) networks.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"418 - 432"},"PeriodicalIF":1.5,"publicationDate":"2023-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42928181","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}
Pub Date : 2023-05-04DOI: 10.1080/13600834.2022.2116354
Daria Onitiu
ABSTRACT The EU Commission’s proposal for the Regulation on Artificial Intelligence, whilst providing important specifications on the importance of transparency of high-risk systems, falls short in providing a nuanced picture of how technical safeguards in Articles 13 and 14 in the proposal should be translated to AI systems operating on the ground. This paper focusing on medical diagnostic systems offers a perspective on how transparency safeguards should be applied in practice, considering the role of post hoc explainability and Uncertainty Estimates in medical imaging. Medical diagnostic systems offer probabilistic judgements regarding disease classification tasks, having an impact on the interactive experience between the doctor and the patient. Accordingly, we need additional guidance regarding Articles 13 and 14 in the proposal, considering the role of shared decision-making, and patient autonomy in healthcare and to ensure that technical safeguards secure medical diagnostic systems that are a safe, reliable, and trustworthy.
{"title":"The limits of explainability & human oversight in the EU Commission’s proposal for the Regulation on AI- a critical approach focusing on medical diagnostic systems","authors":"Daria Onitiu","doi":"10.1080/13600834.2022.2116354","DOIUrl":"https://doi.org/10.1080/13600834.2022.2116354","url":null,"abstract":"ABSTRACT The EU Commission’s proposal for the Regulation on Artificial Intelligence, whilst providing important specifications on the importance of transparency of high-risk systems, falls short in providing a nuanced picture of how technical safeguards in Articles 13 and 14 in the proposal should be translated to AI systems operating on the ground. This paper focusing on medical diagnostic systems offers a perspective on how transparency safeguards should be applied in practice, considering the role of post hoc explainability and Uncertainty Estimates in medical imaging. Medical diagnostic systems offer probabilistic judgements regarding disease classification tasks, having an impact on the interactive experience between the doctor and the patient. Accordingly, we need additional guidance regarding Articles 13 and 14 in the proposal, considering the role of shared decision-making, and patient autonomy in healthcare and to ensure that technical safeguards secure medical diagnostic systems that are a safe, reliable, and trustworthy.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"170 - 188"},"PeriodicalIF":1.5,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46601345","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}
Pub Date : 2023-04-22DOI: 10.1080/13600834.2023.2196827
J. Doomen
ABSTRACT This article discusses the legal position of an Artificial Intelligence Entity (AIE) that is able to create something novel, like an artwork. Rather than examining a fictitious being, I inquire the position of human beings, comparing it with that of a conceivable AIE. The nature of an AIE in terms of matter and mind is compared with that of a human being, after which it is inquired whether it may, like a human being, be deemed a legal person. This analysis serves as a prelude to the question of whether an AIE may be a copyright owner.
{"title":"The artificial intelligence entity as a legal person","authors":"J. Doomen","doi":"10.1080/13600834.2023.2196827","DOIUrl":"https://doi.org/10.1080/13600834.2023.2196827","url":null,"abstract":"ABSTRACT This article discusses the legal position of an Artificial Intelligence Entity (AIE) that is able to create something novel, like an artwork. Rather than examining a fictitious being, I inquire the position of human beings, comparing it with that of a conceivable AIE. The nature of an AIE in terms of matter and mind is compared with that of a human being, after which it is inquired whether it may, like a human being, be deemed a legal person. This analysis serves as a prelude to the question of whether an AIE may be a copyright owner.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"277 - 287"},"PeriodicalIF":1.5,"publicationDate":"2023-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47136275","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}
Pub Date : 2022-12-08DOI: 10.1080/13600834.2022.2154049
Maria Lada
ABSTRACT Institutional and academic debates have intensified regarding the recent efforts to claim inventorship of AI-related patent applications, as has notably been seen in the known cases of Thaler v Comptroller (‘DABUS’) that have been examined in various jurisdictions. The pertinent question that has emerged is whether artificial intelligence systems can independently produce patentable subject matter. What has to be looked at, first, is the preliminary question of what the claim of producing inventions ‘autonomously’ can possibly mean under a technological perspective – an essential stage in the debate that is usually bypassed in legal commentary. Once such a technological explanation has been provided, a legal question can reasonably arise as to whether an AI process, such as software, may make a contribution that rewards a patent. AI inventions are legally approached and analysed as processes and as to their relationship with their direct products. Thus, where a process (AI) ‘creates’ or ‘makes’ a product, the focus is reasonably put on if and to what extent disclosing the product can provide a contribution separate to that which has already been provided by the process that created it. It is stressed that the current push for AI-generated products bypasses this key question which is essential in assessing the invention.
{"title":"Artificial intelligence, inventorship and the myth of the inventing machine: Can a process be an inventor?","authors":"Maria Lada","doi":"10.1080/13600834.2022.2154049","DOIUrl":"https://doi.org/10.1080/13600834.2022.2154049","url":null,"abstract":"ABSTRACT Institutional and academic debates have intensified regarding the recent efforts to claim inventorship of AI-related patent applications, as has notably been seen in the known cases of Thaler v Comptroller (‘DABUS’) that have been examined in various jurisdictions. The pertinent question that has emerged is whether artificial intelligence systems can independently produce patentable subject matter. What has to be looked at, first, is the preliminary question of what the claim of producing inventions ‘autonomously’ can possibly mean under a technological perspective – an essential stage in the debate that is usually bypassed in legal commentary. Once such a technological explanation has been provided, a legal question can reasonably arise as to whether an AI process, such as software, may make a contribution that rewards a patent. AI inventions are legally approached and analysed as processes and as to their relationship with their direct products. Thus, where a process (AI) ‘creates’ or ‘makes’ a product, the focus is reasonably put on if and to what extent disclosing the product can provide a contribution separate to that which has already been provided by the process that created it. It is stressed that the current push for AI-generated products bypasses this key question which is essential in assessing the invention.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"288 - 327"},"PeriodicalIF":1.5,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41813186","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}
Pub Date : 2022-12-06DOI: 10.1080/13600834.2022.2154050
D. Sinclair, T. Dowdeswell, Nachshon (Sean) Goltz
ABSTRACT In this paper, we shed light on the question of whether it is morally permissible to enslave artificially intelligent entities by looking at up to date research from the social sciences – as well as the ancient lessons from Jewish law. The first part of the article looks at general ethical questions surrounding the ethics of AI and slavery by looking at contemporary social science research and the moral status of ‘Sex Bots’ – AI entities that are built for the purpose of satisfying human sexual desires. The second part presents a Jewish perspective on the obligation to protect artificial intelligent entities from abuse and raises the issue of the use of such entities in the context of sex therapy. This is followed by a review of slavery and in particular, female slavery in Jewish law and ethics. In the conclusions, we argue that both perspectives provide justification for the ‘Tragedy of the Master’ – that in enslaving AI we risk doing great harm to ourselves. This has significant and negative consequences for us – as individuals, in our relationships, and as a society that strives to value the dignity, autonomy, and moral worth of all sentient beings.
{"title":"Artificially intelligent sex bots and female slavery: social science and Jewish legal and ethical perspectives","authors":"D. Sinclair, T. Dowdeswell, Nachshon (Sean) Goltz","doi":"10.1080/13600834.2022.2154050","DOIUrl":"https://doi.org/10.1080/13600834.2022.2154050","url":null,"abstract":"ABSTRACT In this paper, we shed light on the question of whether it is morally permissible to enslave artificially intelligent entities by looking at up to date research from the social sciences – as well as the ancient lessons from Jewish law. The first part of the article looks at general ethical questions surrounding the ethics of AI and slavery by looking at contemporary social science research and the moral status of ‘Sex Bots’ – AI entities that are built for the purpose of satisfying human sexual desires. The second part presents a Jewish perspective on the obligation to protect artificial intelligent entities from abuse and raises the issue of the use of such entities in the context of sex therapy. This is followed by a review of slavery and in particular, female slavery in Jewish law and ethics. In the conclusions, we argue that both perspectives provide justification for the ‘Tragedy of the Master’ – that in enslaving AI we risk doing great harm to ourselves. This has significant and negative consequences for us – as individuals, in our relationships, and as a society that strives to value the dignity, autonomy, and moral worth of all sentient beings.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"328 - 355"},"PeriodicalIF":1.5,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41698330","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}
Pub Date : 2022-11-14DOI: 10.1080/13600834.2022.2146395
Tatiana de Campos Aranovich, R. Matulionyte
ABSTRACT AI promises to address health services’ quality and cost challenges, however, errors and bias in medical devices decisions pose threats to human health and life. This has also led to the lack of trust in AI medical devices among clinicians and patients. The goal of this article is to assess whether AI explainability principle established in numerous ethical AI frameworks can help address these and other challenges posed by AI medical devices. We first define the AI explainability principle, delineate it from the AI transparency principle, and examine which stakeholders in healthcare sector would need AI to be explainable and for what purpose. Second, we analyze whether explainable AI in healthcare is capable of achieving its intended goals. Finally, we examine robust regulatory approval framework as an alternative – and a more suitable – way in addressing challenges caused by black-box AI.
{"title":"Ensuring AI explainability in healthcare: problems and possible policy solutions","authors":"Tatiana de Campos Aranovich, R. Matulionyte","doi":"10.1080/13600834.2022.2146395","DOIUrl":"https://doi.org/10.1080/13600834.2022.2146395","url":null,"abstract":"ABSTRACT AI promises to address health services’ quality and cost challenges, however, errors and bias in medical devices decisions pose threats to human health and life. This has also led to the lack of trust in AI medical devices among clinicians and patients. The goal of this article is to assess whether AI explainability principle established in numerous ethical AI frameworks can help address these and other challenges posed by AI medical devices. We first define the AI explainability principle, delineate it from the AI transparency principle, and examine which stakeholders in healthcare sector would need AI to be explainable and for what purpose. Second, we analyze whether explainable AI in healthcare is capable of achieving its intended goals. Finally, we examine robust regulatory approval framework as an alternative – and a more suitable – way in addressing challenges caused by black-box AI.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"259 - 275"},"PeriodicalIF":1.5,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44700688","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}
Pub Date : 2022-10-27DOI: 10.1080/13600834.2022.2138179
Chengchen He, Xia Luo
ABSTRACT The worldwide proliferation of TikTok revealed the shifting interests of users from text-and-image-based content to short-form videos (SVs). Short-form Video Platforms (SVPs) have been further acknowledged as mainstream life-sharing platforms and novel learning resources for informational and practical needs. Surprisingly, increasing evidence from China’s judicial practices unfolded that, offenders were motivated and learned criminal skills by interacting with and imitating from the SVPs’ uploaders. Previous literature has focused on harmful contents and its negative impact on traditional social media platforms, limited has drawn attention on SVPs nor its shared SVs which may potentially spread criminal intentions or even skills to the audience. To fill these gaps, this article for the first time focused on SVP, intended to investigate the criminal motivations and skills identified in China’s major SVPs, explored the rationales behind crime learning behaviors, and proposed feasible regulatory solutions for the SVPs to facilitate the prevention of crimes.
{"title":"Life sharing or crimes sharing: an investigation on crime learning from China short-form video platforms","authors":"Chengchen He, Xia Luo","doi":"10.1080/13600834.2022.2138179","DOIUrl":"https://doi.org/10.1080/13600834.2022.2138179","url":null,"abstract":"ABSTRACT The worldwide proliferation of TikTok revealed the shifting interests of users from text-and-image-based content to short-form videos (SVs). Short-form Video Platforms (SVPs) have been further acknowledged as mainstream life-sharing platforms and novel learning resources for informational and practical needs. Surprisingly, increasing evidence from China’s judicial practices unfolded that, offenders were motivated and learned criminal skills by interacting with and imitating from the SVPs’ uploaders. Previous literature has focused on harmful contents and its negative impact on traditional social media platforms, limited has drawn attention on SVPs nor its shared SVs which may potentially spread criminal intentions or even skills to the audience. To fill these gaps, this article for the first time focused on SVP, intended to investigate the criminal motivations and skills identified in China’s major SVPs, explored the rationales behind crime learning behaviors, and proposed feasible regulatory solutions for the SVPs to facilitate the prevention of crimes.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"240 - 258"},"PeriodicalIF":1.5,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48409853","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}
Pub Date : 2022-10-21DOI: 10.1080/13600834.2022.2132595
Cristina Del-Real, María José Rodriguez Mesa
ABSTRACT Cyber-attacks are exponentially growing, and their impact on systems, people, and organizations increases. Among other challenges, cyber-attacks prevention must tackle the fact that many software systems are marketed with security vulnerabilities due to the companies’ need to reduce time-to-market. One strategy to reduce security vulnerabilities is ethical hacking. However, while ethical hacking can bring many advantages, it also comes with many challenges. This paper introduces a comprehensive study of the possibilities and limitations of ethical hacking in Spain, both empirical and normative. On the empirical side, the paper presents the results of a Delphi study with cyber security experts in Spain on their opinions about the regulation of ethical hacking. In the normative study, the paper critically reviews the possibilities open by the International, European and Spanish law for regulating ethical hacking. The conclusions of this paper offer a roadmap for harnessing ethical hacking to improve cyber security.
{"title":"From black to white: the regulation of ethical hacking in Spain","authors":"Cristina Del-Real, María José Rodriguez Mesa","doi":"10.1080/13600834.2022.2132595","DOIUrl":"https://doi.org/10.1080/13600834.2022.2132595","url":null,"abstract":"ABSTRACT Cyber-attacks are exponentially growing, and their impact on systems, people, and organizations increases. Among other challenges, cyber-attacks prevention must tackle the fact that many software systems are marketed with security vulnerabilities due to the companies’ need to reduce time-to-market. One strategy to reduce security vulnerabilities is ethical hacking. However, while ethical hacking can bring many advantages, it also comes with many challenges. This paper introduces a comprehensive study of the possibilities and limitations of ethical hacking in Spain, both empirical and normative. On the empirical side, the paper presents the results of a Delphi study with cyber security experts in Spain on their opinions about the regulation of ethical hacking. In the normative study, the paper critically reviews the possibilities open by the International, European and Spanish law for regulating ethical hacking. The conclusions of this paper offer a roadmap for harnessing ethical hacking to improve cyber security.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"207 - 239"},"PeriodicalIF":1.5,"publicationDate":"2022-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43642836","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}
Pub Date : 2022-09-01DOI: 10.1080/13600834.2022.2119208
A. Farrell, Nicole Shackleton, Elizabeth Agnew, Samantha Hopkins, J. Power
ABSTRACT A range of technologies now exist to facilitate sexual desire, pleasure and intimacy. Colloquially known as tech-sex, the growth in the use of such technologies has created a range of new opportunities for sexual expression and connection. Alongside these benefits are harms arising out of their non-consensual use. Drawing on a case study examining management of image-based sexual abuse as part of Australia’s recently reformed online safety laws, we argue for a regulatory approach that is both facilitative in showing due respect for adult sexual agency and protective in mitigating harm caused to affected individuals. Operating along a facilitative-protective regulatory axis, such an approach offers the potential to be suitably responsive to both the opportunities and challenges faced by adult individuals who engage with such technologies.
{"title":"Regulating tech-sex and managing image-based sexual abuse: an Australian perspective","authors":"A. Farrell, Nicole Shackleton, Elizabeth Agnew, Samantha Hopkins, J. Power","doi":"10.1080/13600834.2022.2119208","DOIUrl":"https://doi.org/10.1080/13600834.2022.2119208","url":null,"abstract":"ABSTRACT A range of technologies now exist to facilitate sexual desire, pleasure and intimacy. Colloquially known as tech-sex, the growth in the use of such technologies has created a range of new opportunities for sexual expression and connection. Alongside these benefits are harms arising out of their non-consensual use. Drawing on a case study examining management of image-based sexual abuse as part of Australia’s recently reformed online safety laws, we argue for a regulatory approach that is both facilitative in showing due respect for adult sexual agency and protective in mitigating harm caused to affected individuals. Operating along a facilitative-protective regulatory axis, such an approach offers the potential to be suitably responsive to both the opportunities and challenges faced by adult individuals who engage with such technologies.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"32 1","pages":"189 - 206"},"PeriodicalIF":1.5,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42521409","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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