Pub Date : 2021-11-09DOI: 10.1080/13600869.2021.1999277
Aafreen Mitchelle Collaco
ABSTRACT Various technological interventions introduced during the COVID-19 pandemic outbreak have resulted in numerous challenges, including the protection of informational privacy. Contact tracing applications are one such method adopted by governments worldwide to contain the pandemic. Their key features involve the collection and use of sensitive personal data, such as an individual’s personal information, health record, and location, raising concerns among regulators. Regulators must ensure that these technologies align with informational privacy protection. The current legal regime in India is not sophisticated enough to delve into issues that concern contact tracing technology. In India, the introduction of the Aarogya Setu Application (contact tracing application) gained attention when the Ministry of Home Affairs (MHA) made downloading it mandatory for individuals. Eventually, doing so was made voluntary. Considering these current trends, this paper aims to examine developments in data privacy issues specifically regarding surveillance technologies and tracing applications in India. It highlights and analyzes them considering private players which announced their partnership in creating a robust contact tracing application. The study also adopts a comparative examination of existing contact tracing applications and their privacy policy along with the Indian version and explores how one deploys jurisprudence for informational privacy as perceived in India.
{"title":"Contact tracing applications and informational privacy amidst the pandemic in India","authors":"Aafreen Mitchelle Collaco","doi":"10.1080/13600869.2021.1999277","DOIUrl":"https://doi.org/10.1080/13600869.2021.1999277","url":null,"abstract":"ABSTRACT Various technological interventions introduced during the COVID-19 pandemic outbreak have resulted in numerous challenges, including the protection of informational privacy. Contact tracing applications are one such method adopted by governments worldwide to contain the pandemic. Their key features involve the collection and use of sensitive personal data, such as an individual’s personal information, health record, and location, raising concerns among regulators. Regulators must ensure that these technologies align with informational privacy protection. The current legal regime in India is not sophisticated enough to delve into issues that concern contact tracing technology. In India, the introduction of the Aarogya Setu Application (contact tracing application) gained attention when the Ministry of Home Affairs (MHA) made downloading it mandatory for individuals. Eventually, doing so was made voluntary. Considering these current trends, this paper aims to examine developments in data privacy issues specifically regarding surveillance technologies and tracing applications in India. It highlights and analyzes them considering private players which announced their partnership in creating a robust contact tracing application. The study also adopts a comparative examination of existing contact tracing applications and their privacy policy along with the Indian version and explores how one deploys jurisprudence for informational privacy as perceived in India.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"56 1","pages":"368 - 381"},"PeriodicalIF":0.0,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85025925","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 : 2021-11-07DOI: 10.1080/13600869.2021.1999290
G. Prakash, A. Sundaram, B. Sreeya
ABSTRACT The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.
{"title":"Online exploitation of children and the role of intermediaries: an Indian legislative and policy perspective","authors":"G. Prakash, A. Sundaram, B. Sreeya","doi":"10.1080/13600869.2021.1999290","DOIUrl":"https://doi.org/10.1080/13600869.2021.1999290","url":null,"abstract":"ABSTRACT The Intermediary landscape in India is extensive and regulating; it is often laborious considering the expanding market and ensuing policy changes. The advent of globalization heralds the inrush of entities that operate transnationally, which often beget legal uncertainties in outlining the intermediary liabilities conundrum. Many jurisdictions oscillated from the notions of liability to safe harbor in fixing the intermediary liabilities. Children are often an easy target of online abuse and Child Sexual Abuse Materials (CSAM) is the most circulated object in the cyberspace. This paper has adopted both empirical and doctrinal research methods. The paper primarily addresses the accountability and response on the part of intermediaries for abusive content against children transmitted in their platform and is an attempt to provide an insight into the reasons behind the online exploitation of children in India. The study analyses the public opinion on the online exploitation of children based on a survey conducted among 270 respondents aged from 14 to 50 years. The findings gave support to the suggestions that the exploitation and abuse of children frequently transpire online, and the public perception regarding the gender of child victims varies between girls and boys.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"9 1","pages":"431 - 452"},"PeriodicalIF":0.0,"publicationDate":"2021-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86978322","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 : 2021-11-02DOI: 10.1080/13600869.2021.1997085
N. Milogolov, A. Berberov
ABSTRACT We employ analytical, case study and economic analysis approaches to explore trends and potential outcomes of tax policy reforms addressing challenges of digital business transformation in Africa. We find the striking level of differences among the twenty-six examined African countries, in both their positions in global and regional economy, and in digital capacities of states and their tax administrations. The potential outcome of the discussion of multilateral reform at the Organisation for Economic Cooperation and Development (OECD) global governance level and unilateral reforms such as digital services taxes and its implications for African states are discussed in this context. Tax policy proposals are suggested for delineated groups of African states based on the idea of narrowly targeted digitally related policy for the leaders and broad cooperation between all the African states. Such an approach can ensure the economic potential of multilateral cooperation among developing countries and defend their economic and fiscal interests at the global tax governance level.
{"title":"The digital tax reform for Africa: customised or one-size-fits-all approach?","authors":"N. Milogolov, A. Berberov","doi":"10.1080/13600869.2021.1997085","DOIUrl":"https://doi.org/10.1080/13600869.2021.1997085","url":null,"abstract":"ABSTRACT We employ analytical, case study and economic analysis approaches to explore trends and potential outcomes of tax policy reforms addressing challenges of digital business transformation in Africa. We find the striking level of differences among the twenty-six examined African countries, in both their positions in global and regional economy, and in digital capacities of states and their tax administrations. The potential outcome of the discussion of multilateral reform at the Organisation for Economic Cooperation and Development (OECD) global governance level and unilateral reforms such as digital services taxes and its implications for African states are discussed in this context. Tax policy proposals are suggested for delineated groups of African states based on the idea of narrowly targeted digitally related policy for the leaders and broad cooperation between all the African states. Such an approach can ensure the economic potential of multilateral cooperation among developing countries and defend their economic and fiscal interests at the global tax governance level.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"107 1","pages":"28 - 47"},"PeriodicalIF":0.0,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79348386","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 : 2021-11-02DOI: 10.1080/13600869.2021.1997086
I. Byron
ABSTRACT Africa is a continent that is rich in biodiversity of which Nigeria is not exempted. It depends on the environment for basic survival needs and such knowledge can be used for the provision of food, medicines, cosmetics, to breed better crops, livestock and generally, to shape the ecosystem. There is the danger that biological resources will be depleted which raises concerns on the loss of the habitat and livelihoods of indigenous communities who have nurtured and used these resources for generations. In a bid to ensure that traditional knowledge is preserved, some African countries have taken the urgent step to develop their own specific legislation, which is the sui generis legislation. The paper examined the nature of sui generis protection under Nigerian law in line with intellectual property rights and customary law. The paper thereby concluded by reiterating that Nigeria, as a matter of urgency, should enact a sui generis law.
{"title":"The protection of traditional knowledge under the sui generis regime in Nigeria","authors":"I. Byron","doi":"10.1080/13600869.2021.1997086","DOIUrl":"https://doi.org/10.1080/13600869.2021.1997086","url":null,"abstract":"ABSTRACT Africa is a continent that is rich in biodiversity of which Nigeria is not exempted. It depends on the environment for basic survival needs and such knowledge can be used for the provision of food, medicines, cosmetics, to breed better crops, livestock and generally, to shape the ecosystem. There is the danger that biological resources will be depleted which raises concerns on the loss of the habitat and livelihoods of indigenous communities who have nurtured and used these resources for generations. In a bid to ensure that traditional knowledge is preserved, some African countries have taken the urgent step to develop their own specific legislation, which is the sui generis legislation. The paper examined the nature of sui generis protection under Nigerian law in line with intellectual property rights and customary law. The paper thereby concluded by reiterating that Nigeria, as a matter of urgency, should enact a sui generis law.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"26 1","pages":"17 - 27"},"PeriodicalIF":0.0,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87068521","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 : 2021-11-01DOI: 10.1080/13600869.2021.1997084
A. Adewumi
ABSTRACT Globalisation and social transformation have impinged upon Intangible Cultural Heritage (ICH) which is the foundation on which a nation’s identity and knowledge is built. Safeguarding and protecting it, therefore, is beneficial to understanding the present and charting the way forward for the future identities and development. Traditional Cultural Expressions (TCE) have over time suffered from misappropriation by the actions of people outside a traditional community. The development of technology has greatly enhanced this misappropriation on a world-wide scale with no benefits accruing to the traditional communities that originally own the expressions. With COVID 19 lockdown and social distancing, several sectors of the society have moved on to the use of technology to ensure that they remain relevant as technological advancement through scientific progress is a way of expressing the right to cultural life. This article appraised ICH, the problems of protection and focussed on Nigeria using traditional craftmanship as a case study. The article proffered modalities for safeguarding, most especially in this era of technological advancement amidst COVID-19 pandemic.
{"title":"Protecting intangible cultural heritage in the era of rapid technological advancement","authors":"A. Adewumi","doi":"10.1080/13600869.2021.1997084","DOIUrl":"https://doi.org/10.1080/13600869.2021.1997084","url":null,"abstract":"ABSTRACT Globalisation and social transformation have impinged upon Intangible Cultural Heritage (ICH) which is the foundation on which a nation’s identity and knowledge is built. Safeguarding and protecting it, therefore, is beneficial to understanding the present and charting the way forward for the future identities and development. Traditional Cultural Expressions (TCE) have over time suffered from misappropriation by the actions of people outside a traditional community. The development of technology has greatly enhanced this misappropriation on a world-wide scale with no benefits accruing to the traditional communities that originally own the expressions. With COVID 19 lockdown and social distancing, several sectors of the society have moved on to the use of technology to ensure that they remain relevant as technological advancement through scientific progress is a way of expressing the right to cultural life. This article appraised ICH, the problems of protection and focussed on Nigeria using traditional craftmanship as a case study. The article proffered modalities for safeguarding, most especially in this era of technological advancement amidst COVID-19 pandemic.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"8 1","pages":"3 - 16"},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73129948","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 : 2021-08-23DOI: 10.1080/13600869.2021.1970936
Ali Alibeigi, A. Munir, A. Asemi
ABSTRACT The sensitivity and value of personal information, especially financial data concerning the increasing threats, particularly in the online domain, make it urgent to assess how far financial companies are serious about respecting and protecting individuals’ information privacy. The recent incidents and cases in Malaysia indicate this necessity. To date, there is not any official report or study concerning this issue in Malaysia. The purpose of the research was to assess the out-put of the Malaysian Personal Data Protection Act 2010 through evaluating the privacy policies of the Banks and Financial Institutions. In this qualitative research, the compliance assessment is delimited to compliance with specific requirements, especially the Notice and Choice Principle and individuals’ rights through document study. We proposed an evaluation model based on the standards of the PDPA. The qualitative analysis of the results showed a non-compliance with the requirements of the Act by the financial sector. Hence, suggestions and solutions are provided in line with a standard privacy policy for these types of companies.
{"title":"Compliance with Malaysian Personal Data Protection Act 2010 by banking and financial institutions, a legal survey on privacy policies","authors":"Ali Alibeigi, A. Munir, A. Asemi","doi":"10.1080/13600869.2021.1970936","DOIUrl":"https://doi.org/10.1080/13600869.2021.1970936","url":null,"abstract":"ABSTRACT The sensitivity and value of personal information, especially financial data concerning the increasing threats, particularly in the online domain, make it urgent to assess how far financial companies are serious about respecting and protecting individuals’ information privacy. The recent incidents and cases in Malaysia indicate this necessity. To date, there is not any official report or study concerning this issue in Malaysia. The purpose of the research was to assess the out-put of the Malaysian Personal Data Protection Act 2010 through evaluating the privacy policies of the Banks and Financial Institutions. In this qualitative research, the compliance assessment is delimited to compliance with specific requirements, especially the Notice and Choice Principle and individuals’ rights through document study. We proposed an evaluation model based on the standards of the PDPA. The qualitative analysis of the results showed a non-compliance with the requirements of the Act by the financial sector. Hence, suggestions and solutions are provided in line with a standard privacy policy for these types of companies.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"34 1","pages":"365 - 394"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86565680","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 : 2021-08-17DOI: 10.1080/13600869.2021.1964916
M. Unver
ABSTRACT ‘Interoperability’ means the ability for two different and independent information and communication technology (ICT) systems to exchange information and use that information. Whether or to what extent ICT interoperability needs to be regulated vis-a-vis the new technological challenges, poses a compelling question for the law and policy makers. Given this overarching question, this study first attempts to evaluate the issue from a multidisciplinary legal viewpoint and secondly examines the architectural settings of cloud computing and the Internet of Things (IoT). It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the IoT architectures are all-encompassed by such a model. It is also considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding not only competition concerns but also techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems. Finally, it is proposed this model can be transposed into the EU law, and to that end, it is suggested that the model replace the core measures of the electronic communications regulatory framework, along with a set of principles i.e. transparency, fairness, accountability and corresponding remedies.
{"title":"Threading the needle from ‘interoperability’ to ‘gatekeeping’: quest for a layered model","authors":"M. Unver","doi":"10.1080/13600869.2021.1964916","DOIUrl":"https://doi.org/10.1080/13600869.2021.1964916","url":null,"abstract":"ABSTRACT ‘Interoperability’ means the ability for two different and independent information and communication technology (ICT) systems to exchange information and use that information. Whether or to what extent ICT interoperability needs to be regulated vis-a-vis the new technological challenges, poses a compelling question for the law and policy makers. Given this overarching question, this study first attempts to evaluate the issue from a multidisciplinary legal viewpoint and secondly examines the architectural settings of cloud computing and the Internet of Things (IoT). It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the IoT architectures are all-encompassed by such a model. It is also considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding not only competition concerns but also techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems. Finally, it is proposed this model can be transposed into the EU law, and to that end, it is suggested that the model replace the core measures of the electronic communications regulatory framework, along with a set of principles i.e. transparency, fairness, accountability and corresponding remedies.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"212 1","pages":"223 - 250"},"PeriodicalIF":0.0,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76163589","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 : 2021-08-12DOI: 10.1080/13600869.2021.1964930
Ramzi Madi, Iman Al Shamsi
ABSTRACT This study investigates the concept of technological protection measures (hereinafter referred to as TPMs), and the conditions required for the TPM, in addition to the levels of TPM under the UAE, US legislation and WIPO treaties. We explored the legitimate reasons for circumventing TPM under the Digital Millennium Copyright Act (hereinafter referred to as DMCA), and whether such exceptions are presented under the UAE legislation. We concluded that the UAE Copyright and Related Rights did not include specific exceptions that allow circumventing TPMs.
{"title":"A brief overview of the exemptions to the prohibition on circumvention of technological protection measures under the DMCA: any similar exemptions under the UAE legislation?","authors":"Ramzi Madi, Iman Al Shamsi","doi":"10.1080/13600869.2021.1964930","DOIUrl":"https://doi.org/10.1080/13600869.2021.1964930","url":null,"abstract":"ABSTRACT This study investigates the concept of technological protection measures (hereinafter referred to as TPMs), and the conditions required for the TPM, in addition to the levels of TPM under the UAE, US legislation and WIPO treaties. We explored the legitimate reasons for circumventing TPM under the Digital Millennium Copyright Act (hereinafter referred to as DMCA), and whether such exceptions are presented under the UAE legislation. We concluded that the UAE Copyright and Related Rights did not include specific exceptions that allow circumventing TPMs.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"34 1","pages":"352 - 364"},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88645697","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 : 2021-08-12DOI: 10.1080/13600869.2021.1964225
Firdaus Solihin, I. Budi, R. F. Aji, E. Makarim
ABSTRACT The number of legal documents is already huge and growth is occurring at a swift pace; yet, the need to procure information from these documents for various purposes persists. One of the technologies available for this purpose is information extraction (IE), which has been applied widely in different domains to date. However, few research reviews have specifically discussed the development of legal IE. For this reason, it is considered important to conduct a literature review to identify and analyse the research, topics, datasets and methods used in legal IE research. This study used a standard systematic review method as stipulated by the PRISMA guidelines and collected papers from five main databases published between January 1990 and December 2020. A total of 107 articles were selected for inclusion in this review. Legal IE has been employed for various applications to date, but there is a wide range of different conditions, problems, and solutions reported by various studies in applying legal IE in various countries. This study offers a more concrete understanding, a broader perspective and provides an overview of various open problems in this regard so that it can serve as a guide in the development of future legal IE research.
{"title":"Advancement of information extraction use in legal documents","authors":"Firdaus Solihin, I. Budi, R. F. Aji, E. Makarim","doi":"10.1080/13600869.2021.1964225","DOIUrl":"https://doi.org/10.1080/13600869.2021.1964225","url":null,"abstract":"ABSTRACT The number of legal documents is already huge and growth is occurring at a swift pace; yet, the need to procure information from these documents for various purposes persists. One of the technologies available for this purpose is information extraction (IE), which has been applied widely in different domains to date. However, few research reviews have specifically discussed the development of legal IE. For this reason, it is considered important to conduct a literature review to identify and analyse the research, topics, datasets and methods used in legal IE research. This study used a standard systematic review method as stipulated by the PRISMA guidelines and collected papers from five main databases published between January 1990 and December 2020. A total of 107 articles were selected for inclusion in this review. Legal IE has been employed for various applications to date, but there is a wide range of different conditions, problems, and solutions reported by various studies in applying legal IE in various countries. This study offers a more concrete understanding, a broader perspective and provides an overview of various open problems in this regard so that it can serve as a guide in the development of future legal IE research.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"25 1","pages":"322 - 351"},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84984663","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 : 2021-08-11DOI: 10.1080/13600869.2021.2009181
Andrew McStay, Lachlan D. Urquhart
ABSTRACT This paper analyses expert and regulatory perspectives on car driver-monitoring systems that measure bodies to infer and react to emotions, fatigue, and attentiveness. Developers of driver-monitoring systems promise increased safety on the road, alongside comfort for cabin occupants through personalisation and automation. The impetus is three-fold, namely: (1) European road safety policy seeks to vastly reduce road deaths using computational surveillance; (2) there is a growing interest around in cabin safety solutions that sense emotion and affective states of drivers and passengers; and (3) autonomous driving trends are changing the nature of interactions between vehicle and driver. Safety led applications are of special interest because they are backed by policy and standards initiatives including the European Union’s Vision Zero policy and the industry led New Car Assessment Programme (NCAP). Informed by 13 interviews with experts working in and around in-cabin sensing technologies, this paper first identifies and explores features of emergent in-cabin profiling through emotional artificial intelligence (AI) and biometric measures. It then examines how in-car sensing should be regulated by analysing data protection laws and the proposed EU AI Act. A deep ambivalence emerged from our participants around the emergence of emotional AI in cars, and how best to regulate these technologies.
{"title":"In cars (are we really safest of all?): interior sensing and emotional opacity","authors":"Andrew McStay, Lachlan D. Urquhart","doi":"10.1080/13600869.2021.2009181","DOIUrl":"https://doi.org/10.1080/13600869.2021.2009181","url":null,"abstract":"ABSTRACT This paper analyses expert and regulatory perspectives on car driver-monitoring systems that measure bodies to infer and react to emotions, fatigue, and attentiveness. Developers of driver-monitoring systems promise increased safety on the road, alongside comfort for cabin occupants through personalisation and automation. The impetus is three-fold, namely: (1) European road safety policy seeks to vastly reduce road deaths using computational surveillance; (2) there is a growing interest around in cabin safety solutions that sense emotion and affective states of drivers and passengers; and (3) autonomous driving trends are changing the nature of interactions between vehicle and driver. Safety led applications are of special interest because they are backed by policy and standards initiatives including the European Union’s Vision Zero policy and the industry led New Car Assessment Programme (NCAP). Informed by 13 interviews with experts working in and around in-cabin sensing technologies, this paper first identifies and explores features of emergent in-cabin profiling through emotional artificial intelligence (AI) and biometric measures. It then examines how in-car sensing should be regulated by analysing data protection laws and the proposed EU AI Act. A deep ambivalence emerged from our participants around the emergence of emotional AI in cars, and how best to regulate these technologies.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"34 1","pages":"470 - 493"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89347100","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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