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  Subjects -> LAW (Total: 1453 journals)
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LAW (869 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
(En)clave Comahue. Revista Patagónica de Estudios Sociales     Open Access  
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 2)
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 45)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal on Conflict Resolution     Open Access   (Followers: 22)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access   (Followers: 1)
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 21)
Akron Law Review     Open Access   (Followers: 5)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 5)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 58)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 6)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 3)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
ASEAN Journal of Legal Studies     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Atti della Accademia Peloritana dei Pericolanti - Classe di Scienze Giuridiche, Economiche e Politiche     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 13)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 21)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 4)
Badamai Law Journal     Open Access   (Followers: 2)
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 28)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 14)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Boletín Instituto de Derecho Ambiental y de los Recursos Naturales     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 4)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 21)
California Western Law Review     Open Access   (Followers: 4)
Cambridge Law Journal     Hybrid Journal   (Followers: 199)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 11)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 19)
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 5)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
CMU Journal of Law and Social Sciences     Open Access   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 11)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 20)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 44)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 5)
DePaul Law Review     Open Access   (Followers: 3)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access   (Followers: 1)
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 21)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 14)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 21)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
European Journal of Law and Technology
Number of Followers: 18  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2042-115X
Published by Queen's University, Belfast Homepage  [1 journal]
  • Artificial Intelligence as a New Challenge for Software Law

    • Authors: Dominika Galajdová
      Abstract: Artificial intelligence (hereafter “AI”) has attracted a great deal of attention in recent years. AI is not a new concept or discovery as itself, however, recent progress in this field has been remarkable. Especially, advances in machine learning technology have been noticed by experts as well as by non-professionals. The impact of AI is discussed not just in the fields of technology and science but also in the field of law. The question of regulation of AI by law has been raised in regard to many legal issues, i.e. legal personhood, civil liability, intellectual property, etc. Obviously, the usage of AI varies in different fields with its specific implication for existing legal framework.AI and its nature resemble the well-known field of software engineering and software as itself. Furthermore, AI technology requires the implementation of software to be functional. Due to this, elements of AI can be copyrighted or patented as software based on its nature. The question is whether these two technologies are the same, or similar enough, so that potential legal regulation of AI can be based on existing software lawMoreover, AI has been used for the purpose of software design, which makes the relationship between software and AI even closer. In the case of software design by AI, the consideration whether there might be an “artificial” software developer is even more interesting. The questions of allocation of authorship and copyright protection of software developed by AI are one of many legal implications of AI on software law.This article aims to provide an analysis of AI and software based on the state of art of these technologies and open up discussion on the implications of software developed by AI. Therefore, this article is divided into 3 parts with the first part considering existing copyright protection of software with an emphasis on European legislation. The second part provides a description of the current state of art in the field of AI, in particular on AI software development. The final part analyses the clash of copyright and AI with an emphasis on the protection of software developed by AI.
      PubDate: 2019-05-31
      Issue No: Vol. 10 (2019)
       
  • Editorial

    • Authors: Abbe Brown
      Abstract: It is my pleasure to be the guest editor of this special editon of EJLT. I present a collecton of papers building on presentatons given at the Britsh and Irish Law, Educaton and Technology Associaton[1] conference at the University of Aberdeen[2] in 2018. This annual event is a key milestone in the calendars (intellectual and social) of law, technology and educaton scholars across the globe. As I write this brief editorial, I look forward to us all gathering again at Queen’s University Belfast in 2019[3]. Other papers building on the Aberdeen conference were published in the Internatonal Review of Law, Computers and Technology[4], and readers are highly recommended to enjoy that collecton too.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Children’s Rights to Privacy and Data Protection Around the World:
           Challenges in the Digital Realm

    • Authors: Ingrida Milkaite, Eva Lievens
      Abstract: It has been claimed that an estimated one in three of all Internet users in the world today is below the age of 18 (Livingstone S. et al., 2015; UNICEF, 2017). Digital technologies can provide all children with more information, education, new opportunities and can be a game-changer for children in less developed countries. However, the 2017 UNICEF report on ‘Children in a digital world’ has revealed that many children from different parts of the world are still not connected to the internet confirming that the digital divide still is a reality (UNICEF, 2017). As research demonstrates that developmental challenges faced by certain regions or countries might have a negative impact on the protection of children’s rights overall (Livingstone S, 2014; UNICEF, 2017), questions arise as to what extent children throughout the world can exercise their rights in today’s increasingly digital society.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • No Contradiction Between Cyber-Security and Data Protection' Designing
           a Data Protecton Compliant Incident Response System

    • Authors: Stephanie von Maltzan
      Abstract: Incident Response has become an important component of cybersecurity. The usual security measures are often powerless against new and targeted attacks, also known as IT-Security incidents. Key issues such as informaton exchange formats and sharing platforms remain on the agenda of the cybersecurity community, especially for incident responders. Incident Response actvites require additional processing of personal data, so may themselves create a privacy risk. Current developments towards Incident Response show that systems are increasingly insecure to data breaches, especially due to the massive amounts of personal data and the possibility of linking this data to personal identifiers. Therefore, the joint project ITS.Overview has set itself the goal of creating a detailed overview of IT-Security incidents in different industrial sectors that can be correlated and exchanged among companies to be able to quickly identify cyberattacks.  Methods for better defence against IT attacks are being developed in cooperation with the University of Bonn Institute for Computer Science, HiSolutions AG, Comma Soft AG and the ASW Bundesverband - Allianz fur Sicherheit in der Wirtschaft e.V.  Legal support and expert opinions are provided by Prof. Dr. Franziska Boehm, Karlsruhe Institute of Technology/Leibniz Institute for Information Infrastructure https://itsec.cs.uni-bonn.de/overview/    This article aims to offer an initial assessment of data protecton measures using Incident Response management. The key problems in this context are legal and technical barriers. The main factors are the possibility of entering free text in Ticketng Systems and the legal obligations for sharing informaton under the General Data Protecton Regulaton (GDPR), as well as lack of interest and, due to trust issues, the fear of sharing information. Furthermore, the conflict between IT-Security on the one hand and informational self-determination on the other hand must be resolved by the technically and legally correct use of Incident Response.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Health Apps, their Privacy Policies and the GDPR

    • Authors: Trix Mulder
      Abstract: The healthcare sector traditionally processes large amounts of personal data. Nowadays, medical practice increasingly uses information technologies, such as smartphone applicatons (‘apps’) and wearable devices (e.g. smart watches, smart soles), for treatment plans and information collection. It is inherent to these modern technologies that they generate even more personal data. Some of the apps are developed specifcally for the healthcare sector, some are more general (health) apps. Within the European Union (EU), the processing of these personal data is regulated by the General Data Protecton Regulation (GDPR), which entered into force on 25 May 2018. The GDPR provides controllers and processors with obligations and data subjects with rights. This paper analyses the marketing statements of app providers and the privacy policies of the apps in order to determine whether they are in line with each other and with the GDPR.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Scoping Personal Data: Towards a Nuanced Interpretation of the Material
           Scope of EU Data Protecton Law

    • Authors: Lorenzo Dalla Corte
      Abstract: The concept of personal data – any information relating to an identified or identifiable natural person – is a cornerstone of the European data protecton framework since its very inception. The processing of personal data is a condito sine qua non for the applicability of EU data protecton law. Despite the crucial importance of the notion, the boundaries of the concept are often blurry. Ascertaining whether data is personal frequently depends on each individual processing’s concrete context and characteristics. As a result of the contextual and relative character of the notion of personal data, in cases dealing with indirect identifiability, much is left to the discretion of the interpreter. European doctrine and jurisprudence favour an expansive interpretation of the notion of personal data. In particular, the identifiability threshold is seen as very low; at the same time, the ways in which the information can be said to be relating to a natural person are manifold. The combination between the low identifiability threshold, and of the wide range of ways to satisfy the requirement for a relational link between data and natural person, leads to an extremely wide material scope for EU data protecton legislation. Data protecton is thus becoming, it has been argued, ‘the law of everything’. This paper responds to the growing concerns surrounding the perceived over-inclusiveness of the noton of personal data, suggesting a balanced approach to its interpretation. It starts by defining the concept of personal data in EU data protection, taking into account law, doctrine, and jurisprudence. It then delves into the two most crucial elements of the concept of personal data: identifiability, and the connection that must link information and natural person to make the data personal. The paper concludes by providing a balanced reading of the concept of personal data, pleading for a nuanced approach to its interpretation.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Mass Surveillance, Predictive Policing and the Implementation of the CJEU
           and ECtHR Requirement of Objectivity

    • Authors: Plixavra Vogiatzoglou
      Abstract: This paper critically examines the judicial regulation of mass surveillance practices undertaken for purposes that include the prevention of serious crime. In essence, this paper assesses the various issues arising from the requirements placed on the private sector, at the behest of security actors, to retain and transfer personal data in bulk for crime prevention purposes. The paper identifies a potental lacuna in the effort of the highest supranational Courts of Europe to delimit this practice and the ‘objectivity’ criterion established in most recent rulings. It is argued that what are presented as strict requirements may in actuality be significantly more lenient in the context of predictive policing methods.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Self-made Data Protection – is it Enough' Prevention and
           After-care of Identity Theft

    • Authors: Oliver Vettermann
      Abstract: The Cambridge Analytica scandal was not the first data breach that shattered users’ expectations of internet services. Many online services had similar incidents before, based on flaws in IT-security or caused by a member of the company. All of them have one thing in common: the data breach leads to a massive risk for personal data and the user’s identity. Further, the consequent damage could hardly be limited or stopped because data can be copied and shared infinitely. Therefore, preventive services for identity leaks has been created – so-called identity leak checkers. These services certainly help to protect individuals’ digital identities. However, the legal and technical aspects are rarely discussed. This article analyses these leak checking services and outlines their positive and negative aspects. Then, focussing on the negative aspects, it outlines guidelines for a revised version of an identity leak checker. Including both legal and technical aspects, this revised version would lead to “Effective Information after an Identity Theft” (EIDI) – also the name of an actual German research project with the same acronym explained in detail in the article.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Rethinking the “release and forget” Ethos of the Freedom of
           Information Act 2000: Why Developments in the Field of Anonymisaton
           Necessitate the Development of a New Approach to Disclosing Data

    • Authors: Henry Pearce, Sophie Stalla-Bourdillon
      Abstract: The Freedom of Information Act 2000 (FOIA) gives individuals the right to request and receive access to information held by public authorities. Under the FOIA, a public authority releasing requested information has no post-release obligations to monitor any subsequent uses of that information, nor are any specific obligations imposed on the recipient of the information. It is made clear in the FOIA, however, that in most circumstances any information that constitutes personal data (i.e. any information relating to an identified or identifiable living individual) will be exempt from freedom of information requests. In the last few years the interplay between freedom of information requests and data protection law has been considered by UK courts in several interesting cases. By and large, these cases have focused on issues relatng to the anonymisaton of personal data. Under UK and EU data protecton legislation data that have been anonymised so that they can no longer be used to identify an individual are considered anonymous, and thus not personal data. As anonymous data are not personal data they are not exempt from freedom of information requests made under the FOIA. Operating under this premise, UK courts have begun to order public authorities to release datasets containing anonymised personal data to individuals who have requested access. As the FOIA imposes no post-release obligations on the releaser or recipient of requested informaton it can be said to endorse a “release and forget” approach to disclosing data. In the context of datasets containing anonymised personal data, however, this approach is problematic. Recent work undertaken in the feld of anonymisation has revealed that total and infallible anonymisaton of personal data is not possible. Instead, it has been convincingly demonstrated that anonymisation is highly context-dependant, and that the success of attempts to anonymise data will be contingent on a range of factors such as the environment into which the data are to be released, how that environment might change over time, the identity and range of the recipients of the data, and the future purposes to which those data will be turned. As a result, the “release and forget” approach upon which the FOIA appears to be premised is not fit for purpose. The function of this article is twofold. First, it argues that the approach to anonymisation and personal data taken by the FOIA is detached from contemporary authoritative understandings of these concepts and should be rethought. Second, having outlined the limitations of the current approach, the article proposes a new model for disclosing data under the FOIA based on notons of privacy and data protection by design.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Open and Fair Trial in the Social Media Era – An Insurmountable Conflict
           or an Emerging Opportunity'

    • Authors: Lamprini Georgiou, Burkhard Schafer
      Abstract: The ideal of open trial in the social media era faces a number of obstacles and challenges that are due on the one hand to the instant information propagation afforded by the digital environment, on the other to the much more widely available disseminating technology. At the same time, a number of opportunites for rethinking the concept of open trial arise too. Taking recent consultations in England and Scotland on the use of live social media reportng during trial proceedings as a starting point, we argue that the decision by both systems to allow in principle tools such as Twitter aimed correctly at maximising openness, but in failing to unpack further the concept of open justice, and in avoiding a deeper analysis of possible technological solutions, missed an opportunity to mitgate the inherent tensions between open and fair trial further. In the paper, we firstly discuss such an “unpacking” of the open trial ideal, trying to isolate those aspects that are “intrinsic” to the concept from those that were merely historically contingent responses to technological and social constrains at the time. We then discuss a simple technical response to some of the concerns voiced but not resolved in the consultations. We then move on to a more abstract thought experiment on how technology might enable much more radical (and at the same time historical) versions of open trials.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Towards a Legal Qualification of Online Sexual Acts in which Children are
           Involved: Constructing a Typology

    • Authors: Argyro Chatzinikolaou, Eva Lievens
      Abstract: In today’s society, the widespread use of digital technologies among children is indisputable. They learn to navigate the digital environment from a young age by using a plethora of online communication platforms and mobile applications. The use of and interaction with digital media and services covers a broad variety of aspects of one’s (private) life, including the development of (online) sexual behaviour. This article develops a typology to address this.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • Copyright Law Challenges of Preservation of "born-digital" Digital Content
           as Cultural Heritage

    • Authors: Michal Koščík, Matěj Myška
      Abstract: The paper deals with the issues of preserving the copyrighted content that are born-digital by cultural heritage institutions within the EU. Firstly, the paper analyses relevant UNESCO documents that define cultural heritage, digital cultural heritage and intangible cultural heritage and discusses whether "born-digital" content could be included in one of these categories. Next, the copyright-relevant issues of digital cultural heritage preservation are analysed. Within the EU copyright law framework, the paper analyses the currently applicable copyright exceptions and demonstrates their limits on practical examples. Further, the paper discusses whether the "born-digital" content which is not currently preserved by institutionalised "brick-and-mortar" cultural heritage institutions can be legally preserved by private collectors and virtual heritage institutions. Lastly, the proposed Directive on Copyright in the Digital Single Market is analysed.
      PubDate: 2019-05-16
      Issue No: Vol. 10 (2019)
       
  • De-camouflaging Chameleons: Requiring Transparency for Consumer Protecton
           in the Internet of Things

    • Authors: Rónán Kennedy
      Abstract: Information and communications technology (ICT) and the development of the so-called ‘Internet of Things’ (IoT) provide new and valuable affordances to businesses and consumers. The use of sensors, software, and interconnectivity enable very useful adaptive capabilites. However, the rapid development of so-called ‘smart devices’ means that many everyday items, including software applications, are now impenetrable ‘black boxes’, and their behaviours are not fixed for all tme. They are ‘chameleon devices’, which can be subverted for corporate deceit, surveillance, or computer crime. While aspects of the IoT and privacy have been discussed by other scholars, this paper contributes to the literature by bringing together examples of digital devices being surreptiously diverted to purposes undesired by the consumer, reconceptualising these in the context of Foucauldian governmentality theory, and setting out a variety of proposals for law reform.
      PubDate: 2019-05-15
      Issue No: Vol. 10 (2019)
       
  • Artificial Intelligence: A Creative Player in the Game of Copyright

    • Authors: Jan Zibner
      Abstract: Artificial intelligence (AI) may be understood in countless ways. However, it may be understood to be an entity sufficiently simulating the cognitive aspects of human thinking. As such, AI can make valuable outcomes which are able to meet the individual conceptual features of copyrighted works and to gain copyright protection. Based on that we could call AI an author of such works. Nevertheless, despite all the development around intellectual property, AI is not reflected enough. Copyright is still based on the ideas of previous centuries and persists on the criterion of a natural person as the author. Therefore, it is needed to analyse AI in this context, its creative options, place in the world of intellectual property law, and to shift the paradigm of copyright towards the modern age, the age of AI.The paper focuses on a rudimentary metanalysis of AI and copyright in mutual interactions. In the beginning, the author's research is introduced outlining all the intended proposed phases of regulation of AI within the copyright law and the methodology suitable for such a move. In the second chapter, AI definition and outcomes for the further operating are presented as well as its creative options which are rudimental for the assessment of the conceptual features. The third chapter deals with the copyright aspects of an AI itself focusing on an analysis of the applicable law on the national, supranational and international level. The fourth chapter represents the critical analysis and demarcation of the main problematic friction surfaces of copyright and earlier defined AI. The paper is concluded by an overall assessment of the analysis.
      PubDate: 2019-05-15
      Issue No: Vol. 10 (2019)
       
 
 
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