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  Subjects -> BUSINESS AND ECONOMICS (Total: 3153 journals)
    - ACCOUNTING (94 journals)
    - BANKING AND FINANCE (269 journals)
    - BUSINESS AND ECONOMICS (1162 journals)
    - CONSUMER EDUCATION AND PROTECTION (24 journals)
    - COOPERATIVES (4 journals)
    - ECONOMIC SCIENCES: GENERAL (169 journals)
    - ECONOMIC SYSTEMS, THEORIES AND HISTORY (185 journals)
    - FASHION AND CONSUMER TRENDS (13 journals)
    - HUMAN RESOURCES (95 journals)
    - INSURANCE (24 journals)
    - INTERNATIONAL COMMERCE (127 journals)
    - INTERNATIONAL DEVELOPMENT AND AID (85 journals)
    - INVESTMENTS (27 journals)
    - LABOR AND INDUSTRIAL RELATIONS (44 journals)
    - MACROECONOMICS (15 journals)
    - MANAGEMENT (529 journals)
    - MARKETING AND PURCHASING (89 journals)
    - MICROECONOMICS (24 journals)
    - PRODUCTION OF GOODS AND SERVICES (137 journals)
    - PUBLIC FINANCE, TAXATION (35 journals)
    - TRADE AND INDUSTRIAL DIRECTORIES (2 journals)

BUSINESS AND ECONOMICS (1162 journals)                  1 2 3 4 5 6 | Last

Showing 1 - 200 of 1566 Journals sorted alphabetically
4OR: A Quarterly Journal of Operations Research     Hybrid Journal   (Followers: 10)
Abacus     Hybrid Journal   (Followers: 12)
Accounting Forum     Hybrid Journal   (Followers: 25)
Acta Amazonica     Open Access   (Followers: 5)
Acta Commercii     Open Access   (Followers: 4)
Acta Oeconomica     Full-text available via subscription   (Followers: 2)
Acta Scientiarum. Human and Social Sciences     Open Access   (Followers: 6)
Acta Universitatis Danubius. Œconomica     Open Access   (Followers: 3)
Acta Universitatis Nicolai Copernici Zarządzanie     Open Access   (Followers: 4)
AD-minister     Open Access   (Followers: 3)
ADR Bulletin     Open Access   (Followers: 7)
Advances in Developing Human Resources     Hybrid Journal   (Followers: 23)
Advances in Economics and Business     Open Access   (Followers: 11)
AfricaGrowth Agenda     Full-text available via subscription   (Followers: 1)
African Affairs     Hybrid Journal   (Followers: 59)
African Development Review     Hybrid Journal   (Followers: 33)
African Journal of Business and Economic Research     Full-text available via subscription   (Followers: 2)
African Journal of Business Ethics     Open Access   (Followers: 6)
African Review of Economics and Finance     Open Access   (Followers: 3)
Afro-Asian Journal of Finance and Accounting     Hybrid Journal   (Followers: 7)
Afyon Kocatepe Üniversitesi İktisadi ve İdari Bilimler Fakültesi Dergisi     Open Access   (Followers: 3)
Agronomy     Open Access   (Followers: 11)
Akademika : Journal of Southeast Asia Social Sciences and Humanities     Open Access   (Followers: 5)
Alphanumeric Journal : The Journal of Operations Research, Statistics, Econometrics and Management Information Systems     Open Access   (Followers: 5)
American Economic Journal : Applied Economics     Full-text available via subscription   (Followers: 165)
American Journal of Business     Hybrid Journal   (Followers: 16)
American Journal of Business and Management     Open Access   (Followers: 53)
American Journal of Business Education     Open Access   (Followers: 10)
American Journal of Economics and Business Administration     Open Access   (Followers: 26)
American Journal of Economics and Sociology     Hybrid Journal   (Followers: 29)
American Journal of Evaluation     Hybrid Journal   (Followers: 13)
American Journal of Finance and Accounting     Hybrid Journal   (Followers: 20)
American Journal of Health Economics     Full-text available via subscription   (Followers: 13)
American Journal of Industrial and Business Management     Open Access   (Followers: 23)
American Journal of Medical Quality     Hybrid Journal   (Followers: 7)
American Law and Economics Review     Hybrid Journal   (Followers: 27)
ANALES de la Universidad Central del Ecuador     Open Access   (Followers: 2)
Annales de l'Institut Henri Poincare (C) Non Linear Analysis     Full-text available via subscription   (Followers: 1)
Annals in Social Responsibility     Full-text available via subscription  
Annals of Finance     Hybrid Journal   (Followers: 28)
Annals of Operations Research     Hybrid Journal   (Followers: 10)
Annual Review of Economics     Full-text available via subscription   (Followers: 31)
Applied Developmental Science     Hybrid Journal   (Followers: 3)
Applied Economics     Hybrid Journal   (Followers: 47)
Applied Economics Letters     Hybrid Journal   (Followers: 30)
Applied Economics Quarterly     Full-text available via subscription   (Followers: 10)
Applied Financial Economics     Hybrid Journal   (Followers: 23)
Applied Mathematical Finance     Hybrid Journal   (Followers: 7)
Applied Stochastic Models in Business and Industry     Hybrid Journal   (Followers: 5)
Arab Economic and Business Journal     Open Access   (Followers: 3)
Archives of Business Research     Open Access   (Followers: 6)
Arena Journal     Full-text available via subscription   (Followers: 1)
Argomenti. Rivista di economia, cultura e ricerca sociale     Open Access   (Followers: 2)
ASEAN Economic Bulletin     Full-text available via subscription   (Followers: 5)
Asia Pacific Business Review     Hybrid Journal   (Followers: 6)
Asia Pacific Journal of Human Resources     Hybrid Journal   (Followers: 321)
Asia Pacific Viewpoint     Hybrid Journal   (Followers: 1)
Asia-Pacific Journal of Business Administration     Hybrid Journal   (Followers: 3)
Asia-Pacific Journal of Operational Research     Hybrid Journal   (Followers: 3)
Asia-Pacific Management and Business Application     Open Access  
Asian Business Review     Open Access   (Followers: 2)
Asian Case Research Journal     Hybrid Journal   (Followers: 1)
Asian Development Review     Open Access   (Followers: 14)
Asian Economic Journal     Hybrid Journal   (Followers: 8)
Asian Economic Papers     Hybrid Journal   (Followers: 7)
Asian Economic Policy Review     Hybrid Journal   (Followers: 4)
Asian Journal of Accounting and Governance     Open Access   (Followers: 3)
Asian Journal of Business Ethics     Hybrid Journal   (Followers: 7)
Asian Journal of Social Sciences and Management Studies     Open Access   (Followers: 6)
Asian Journal of Sustainability and Social Responsibility     Open Access   (Followers: 1)
Asian Journal of Technology Innovation     Hybrid Journal   (Followers: 8)
Asian-pacific Economic Literature     Hybrid Journal   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Atlantic Economic Journal     Hybrid Journal   (Followers: 10)
Australasian Journal of Regional Studies, The     Full-text available via subscription   (Followers: 1)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Economic Papers     Hybrid Journal   (Followers: 31)
Australian Economic Review     Hybrid Journal   (Followers: 6)
Australian Journal of Maritime and Ocean Affairs     Hybrid Journal   (Followers: 10)
Balkan Region Conference on Engineering and Business Education     Open Access   (Followers: 1)
Baltic Journal of Real Estate Economics and Construction Management     Open Access   (Followers: 1)
Banks in Insurance Report     Hybrid Journal   (Followers: 1)
BBR - Brazilian Business Review     Open Access   (Followers: 4)
Benchmarking : An International Journal     Hybrid Journal   (Followers: 10)
Benefit : Jurnal Manajemen dan Bisnis     Open Access  
BER : Consumer Confidence Survey     Full-text available via subscription   (Followers: 4)
BER : Economic Prospects : An Executive Summary     Full-text available via subscription  
BER : Economic Prospects : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Intermediate Goods Industries Survey     Full-text available via subscription   (Followers: 1)
BER : Manufacturing Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Motor Trade Survey     Full-text available via subscription   (Followers: 1)
BER : Retail Sector Survey     Full-text available via subscription   (Followers: 2)
BER : Retail Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Survey of Business Conditions in Building and Construction : An Executive Summary     Full-text available via subscription   (Followers: 4)
BER : Survey of Business Conditions in Manufacturing : An Executive Summary     Full-text available via subscription   (Followers: 3)
BER : Survey of Business Conditions in Retail : An Executive Summary     Full-text available via subscription   (Followers: 4)
BER : Trends : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Wholesale Sector Survey     Full-text available via subscription   (Followers: 1)
Berkeley Business Law Journal     Free   (Followers: 10)
Bio-based and Applied Economics     Open Access   (Followers: 1)
Biodegradation     Hybrid Journal   (Followers: 1)
Biology Direct     Open Access   (Followers: 7)
Black Enterprise     Full-text available via subscription  
Board & Administrator for Administrators only     Hybrid Journal  
Border Crossing : Transnational Working Papers     Open Access   (Followers: 2)
Briefings in Real Estate Finance     Hybrid Journal   (Followers: 5)
British Journal of Industrial Relations     Hybrid Journal   (Followers: 35)
Brookings Papers on Economic Activity     Open Access   (Followers: 49)
Brookings Trade Forum     Full-text available via subscription   (Followers: 3)
BRQ Business Research Quarterly     Open Access   (Followers: 2)
Building Sustainable Legacies : The New Frontier Of Societal Value Co-Creation     Full-text available via subscription   (Followers: 1)
Bulletin of Economic Research     Hybrid Journal   (Followers: 17)
Bulletin of Geography. Socio-economic Series     Open Access   (Followers: 7)
Bulletin of Indonesian Economic Studies     Hybrid Journal   (Followers: 3)
Bulletin of the Dnipropetrovsk University. Series : Management of Innovations     Open Access   (Followers: 1)
Business & Entrepreneurship Journal     Open Access   (Followers: 18)
Business & Information Systems Engineering     Hybrid Journal   (Followers: 5)
Business & Society     Hybrid Journal   (Followers: 9)
Business : Theory and Practice / Verslas : Teorija ir Praktika     Open Access   (Followers: 1)
Business and Economic Research     Open Access   (Followers: 6)
Business and Management Horizons     Open Access   (Followers: 12)
Business and Management Research     Open Access   (Followers: 17)
Business and Management Studies     Open Access   (Followers: 9)
Business and Politics     Hybrid Journal   (Followers: 6)
Business and Professional Communication Quarterly     Hybrid Journal   (Followers: 7)
Business and Society Review     Hybrid Journal   (Followers: 5)
Business Economics     Hybrid Journal   (Followers: 6)
Business Ethics: A European Review     Hybrid Journal   (Followers: 16)
Business Horizons     Hybrid Journal   (Followers: 6)
Business Information Review     Hybrid Journal   (Followers: 14)
Business Management and Strategy     Open Access   (Followers: 43)
Business Research     Hybrid Journal   (Followers: 2)
Business Strategy and the Environment     Hybrid Journal   (Followers: 13)
Business Strategy Review     Hybrid Journal   (Followers: 7)
Business Strategy Series     Hybrid Journal   (Followers: 6)
Business Systems & Economics     Open Access   (Followers: 2)
Business Systems Research Journal     Open Access   (Followers: 5)
Business, Management and Education     Open Access   (Followers: 18)
Business, Peace and Sustainable Development     Full-text available via subscription   (Followers: 3)
Bustan     Hybrid Journal   (Followers: 1)
Cadernos EBAPE.BR     Open Access   (Followers: 1)
Cambridge Journal of Economics     Hybrid Journal   (Followers: 59)
Cambridge Journal of Regions, Economy and Society     Hybrid Journal   (Followers: 10)
Canadian Journal of Administrative Sciences / Revue Canadienne des Sciences de l Administration     Hybrid Journal   (Followers: 1)
Canadian Journal of Economics/Revue Canadienne d`Economique     Hybrid Journal   (Followers: 28)
Canadian journal of nonprofit and social economy research     Open Access   (Followers: 2)
Capitalism and Society     Hybrid Journal   (Followers: 2)
Capitalism Nature Socialism     Hybrid Journal   (Followers: 15)
Case Studies in Business and Management     Open Access   (Followers: 9)
CBU International Conference Proceedings     Open Access   (Followers: 1)
Central European Business Review     Open Access   (Followers: 1)
Central European Journal of Operations Research     Hybrid Journal   (Followers: 5)
Central European Journal of Public Policy     Open Access   (Followers: 2)
CESifo Economic Studies     Hybrid Journal   (Followers: 17)
Chain Reaction     Full-text available via subscription  
Challenge     Full-text available via subscription   (Followers: 4)
China & World Economy     Hybrid Journal   (Followers: 15)
China : An International Journal     Full-text available via subscription   (Followers: 17)
China Economic Journal: The Official Journal of the China Center for Economic Research (CCER) at Peking University     Hybrid Journal   (Followers: 10)
China Economic Review     Hybrid Journal   (Followers: 8)
China Finance Review International     Hybrid Journal   (Followers: 5)
China Nonprofit Review     Hybrid Journal   (Followers: 3)
China perspectives     Open Access   (Followers: 11)
Chinese Economy     Full-text available via subscription  
Ciência & Saúde Coletiva     Open Access   (Followers: 2)
CLIO América     Open Access   (Followers: 1)
Cliometrica     Hybrid Journal   (Followers: 4)
COEPTUM     Open Access  
Community Development Journal     Hybrid Journal   (Followers: 24)
Compensation & Benefits Review     Hybrid Journal   (Followers: 7)
Competition & Change     Hybrid Journal   (Followers: 10)
Competitive Intelligence Review     Hybrid Journal   (Followers: 2)
Competitiveness Review : An International Business Journal incorporating Journal of Global Competitiveness     Hybrid Journal   (Followers: 6)
Computational Economics     Hybrid Journal   (Followers: 9)
Computational Mathematics and Modeling     Hybrid Journal   (Followers: 8)
Computer Law & Security Review     Hybrid Journal   (Followers: 16)
Computers & Operations Research     Hybrid Journal   (Followers: 12)
Construction Innovation: Information, Process, Management     Hybrid Journal   (Followers: 14)
Contemporary Wales     Full-text available via subscription   (Followers: 3)
Contextus - Revista Contemporânea de Economia e Gestão     Open Access   (Followers: 1)
Contributions to Political Economy     Hybrid Journal   (Followers: 5)
Corporate Communications An International Journal     Hybrid Journal   (Followers: 7)
Corporate Philanthropy Report     Hybrid Journal   (Followers: 2)
Corporate Reputation Review     Hybrid Journal   (Followers: 4)
Creative and Knowledge Society     Open Access   (Followers: 10)
Creative Industries Journal     Hybrid Journal   (Followers: 10)
CRIS - Bulletin of the Centre for Research and Interdisciplinary Study     Open Access   (Followers: 1)
Crossing the Border : International Journal of Interdisciplinary Studies     Open Access   (Followers: 4)
Cuadernos de Administración (Universidad del Valle)     Open Access   (Followers: 2)
Cuadernos de Economía     Open Access   (Followers: 2)
Cuadernos de Economia - Latin American Journal of Economics     Open Access   (Followers: 2)
Cuadernos de Estudios Empresariales     Open Access   (Followers: 2)
Current Opinion in Creativity, Innovation and Entrepreneurship     Open Access   (Followers: 9)
De Economist     Hybrid Journal   (Followers: 12)
Decision Analysis     Full-text available via subscription   (Followers: 10)
Decision Sciences     Hybrid Journal   (Followers: 17)
Decision Support Systems     Hybrid Journal   (Followers: 16)
Defence and Peace Economics     Hybrid Journal   (Followers: 17)
der markt     Hybrid Journal   (Followers: 1)
Desenvolvimento em Questão     Open Access  

        1 2 3 4 5 6 | Last

Journal Cover Computer Law & Security Review
  [SJR: 0.382]   [H-I: 17]   [16 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 0267-3649
   Published by Elsevier Homepage  [3089 journals]
  • Guidelines for the responsible application of data analytics
    • Abstract: Publication date: Available online 11 December 2017
      Source:Computer Law & Security Review
      Author(s): Roger Clarke
      The vague but vogue notion of ‘big data’ is enjoying a prolonged honeymoon. Well-funded, ambitious projects are reaching fruition, and inferences are being drawn from inadequate data processed by inadequately understood and often inappropriate data analytic techniques. As decisions are made and actions taken on the basis of those inferences, harm will arise to external stakeholders, and, over time, to internal stakeholders as well. A set of Guidelines is presented, whose purpose is to intercept ill-advised uses of data and analytical tools, prevent harm to important values, and assist organisations to extract the achievable benefits from data, rather than dreaming dangerous dreams.

      PubDate: 2017-12-12T15:28:03Z
       
  • A new approach to the right to privacy, or how the European Court of Human
           Rights embraced the non-domination principle
    • Abstract: Publication date: Available online 9 December 2017
      Source:Computer Law & Security Review
      Author(s): Bart van der Sloot
      As it is currently regulated, the right to privacy is predominantly conceived as a subjective right protecting the individual interests of natural persons. In order to determine whether this right has been affected in a specific situation, the so-called ‘non-interference’ principle is applied. Using this concept, it follows that the right to privacy is undermined if an ‘infringement’ with that right by a third party can be demonstrated. Although the ‘infringement’-criterion works well when applied to more traditional privacy violations, such as a third party entering the home of an individual or eavesdropping on a private conversation, with respect to modern data-driven technologies, it is often very difficult to demonstrate an actual and concrete ‘infringement’ on a person's right or freedom. Therefore, an increasing number of privacy scholars advocate the use of another principle, namely the republican idea of ‘non-domination’. At the core of this principle is not the question of whether there has been an ‘interference’ with a right; rather, it looks at existing power relations and the potential for the abuse of power. Interestingly, in recent times, the European Court of Human Rights seems to accept the republican approach to privacy when it deals with complex data-driven cases.

      PubDate: 2017-12-12T15:28:03Z
       
  • The European Court of Justice in Bolagsupplysningen: The Brussels I Recast
           Regulation's jurisdictional rules for online infringement of personality
           rights further clarified
    • Abstract: Publication date: Available online 8 December 2017
      Source:Computer Law & Security Review
      Author(s): Cedric Vanleenhove
      In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.

      PubDate: 2017-12-12T15:28:03Z
       
  • Copyright in the blockchain era: Promises and challenges
    • Abstract: Publication date: Available online 8 December 2017
      Source:Computer Law & Security Review
      Author(s): Alexander Savelyev
      The paper focuses on various legal-related aspects of the application of blockchain technologies in the copyright sphere. Specifically, it outlines the existing challenges for distribution of copyrighted works in the digital environment, how they can be solved with blockchain, and what associated issues need to be addressed in this regard. It is argued that blockchain can introduce long-awaited transparency in matters of copyright ownership chain; substantially mitigate risks of online piracy by enabling control over digital copy and creating a civilized market for “used” digital content. It also allows to combine the simplicity of application of creative commons/open source type of licenses with revenue streams, and thus facilitate fair compensation of authors by means of cryptocurrency payments and Smart contracts. However, these benefits do not come without a price: many new issues will need to be resolved to enable the potential of blockchain technologies. Among them are: where to store copyrighted content (on blockchain or “off-chain”) and the associated need to adjust the legal status of online intermediaries; how to find a right balance between immutable nature of blockchain records and the necessity to adjust them due to the very nature of copyright law, which assigns ownership based on a set of informal facts, not visible to the public. Blockchain as a kind of time stamping service cannot itself ensure the trustworthiness of facts, which originate “off-chain”. More work needs to be done on the legal side: special provisions aimed at facilitating user's trust in blockchain records and their good faith usage of copyrighted works based on them need to be introduced and transactions with cryptocurrencies have to be legalized as well as the status of Smart contracts and their legal consequences. Finally, the economics of blockchain copyright management systems need to be carefully considered in order to ensure that they will have necessary network effects. If those issues are resolved in a satisfactory way, blockchain has the potential to rewrite how the copyright industry functions and digital content is distributed.

      PubDate: 2017-12-12T15:28:03Z
       
  • Russian data retention requirements: Obligation to store the content of
           communications
    • Abstract: Publication date: Available online 8 December 2017
      Source:Computer Law & Security Review
      Author(s): Mikhail S. Zhuravlev, Tatiana A. Brazhnik
      This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018. The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness. Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation. The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.

      PubDate: 2017-12-12T15:28:03Z
       
  • Technological innovation within the Spanish tax administration and data
           subjects' right to access: An opportunity knocks
    • Abstract: Publication date: Available online 8 December 2017
      Source:Computer Law & Security Review
      Author(s): Bernardo D. Olivares Olivares
      In this paper, we analyse the data subjects' right to access their personal data in the context of the Spanish Tax Administration and the legal consequences of the upcoming General Data Protection Regulation. The results show that there are still difficulties related to the scope of this right, the establishment of proper storage criteria, and in the procedures used by the data controllers to provide accurate information to the data subjects. This situation highlights the necessity to incorporate such technological innovation as metadata labelling and automatic computerised procedures to ensure an optimum management of the data subjects' access to their tax related personal information.

      PubDate: 2017-12-12T15:28:03Z
       
  • Banking in the cloud: Part 1 – banks' use of cloud services
    • Abstract: Publication date: Available online 7 December 2017
      Source:Computer Law & Security Review
      Author(s): W. Kuan Hon, Christopher Millard
      This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector. Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability. All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649'sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.

      PubDate: 2017-12-12T15:28:03Z
       
  • Property and the cloud
    • Abstract: Publication date: Available online 6 December 2017
      Source:Computer Law & Security Review
      Author(s): Cesare Bartolini, Cristiana Santos, Carsten Ullrich
      Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large data warehouses, where the hardware architectures and software programs running the cloud services coexist with the data of many users. This context calls for a twofold protection: on one side, the cloud is made up of hardware and software that constitute the business assets of the service provider (property of the cloud); on the other side, there is a definite need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles.

      PubDate: 2017-12-12T15:28:03Z
       
  • Revisiting country of origin principle: Challenges related to regulating
           e-commerce in the European Union
    • Abstract: Publication date: Available online 6 December 2017
      Source:Computer Law & Security Review
      Author(s): Paul Przemysław Polański
      The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.

      PubDate: 2017-12-12T15:28:03Z
       
  • Preventing discrimination in the automated targeting of job advertisements
    • Abstract: Publication date: Available online 1 December 2017
      Source:Computer Law & Security Review
      Author(s): David Jacobus Dalenberg
      On the background of the increasing amount of discriminatory challenges facing artificial intelligence applications, this paper examines the requirements that are needed to comply with European non-discrimination law to prevent discrimination in the automated online job advertising business. This paper explains under which circumstance the automated targeting of job advertisements can amount to direct or indirect discrimination. The paper concludes with technical recommendations to dismantle the dangers of automated job advertising. Various options like influencing the pre-processing of big data and altering the algorithmic models are evaluated. This paper also examines the possibilities of using techniques like data mining and machine learning to actively battle direct and indirect discrimination. The European non-discrimination directives 2000/43/EC, 2000/78/EC, and 2006/54/EC which prohibit direct and indirect discrimination in the field of employment on the grounds of race or ethnic origin, sex, sexual orientation, religious belief, age and disability are used as a legal framework.

      PubDate: 2017-12-12T15:28:03Z
       
  • The right to data portability in the GDPR: Towards user-centric
           interoperability of digital services
    • Abstract: Publication date: Available online 20 November 2017
      Source:Computer Law & Security Review
      Author(s): Paul De Hert, Vagelis Papakonstantinou, Gianclaudio Malgieri, Laurent Beslay, Ignacio Sanchez
      The right to data portability is one of the most important novelties within the EU General Data Protection Regulation, both in terms of warranting control rights to data subjects and in terms of being found at the intersection between data protection and other fields of law (competition law, intellectual property, consumer protection, etc.). It constitutes, thus, a valuable case of development and diffusion of effective user-centric privacy enhancing technologies and a first tool to allow individuals to enjoy the immaterial wealth of their personal data in the data economy. Indeed, a free portability of personal data from one controller to another can be a strong tool for data subjects in order to foster competition of digital services and interoperability of platforms and in order to enhance controllership of individuals on their own data. However, the adopted formulation of the right to data portability in the GDPR could benefit from further clarification: several interpretations are possible, particularly with regard to the object of the right and its interrelation with other rights, potentially leading to additional challenges within its technical implementation. The aim of this article is to propose a first systematic interpretation of this new right, by suggesting a pragmatic and extensive approach, particularly taking advantage as much as possible of the interrelationship that this new legal provision can have with regard to the Digital Single Market and the fundamental rights of digital users. In sum, the right to data portability can be approximated under two different perspectives: the minimalist approach (the adieu scenario) and the empowering approach (the fusing scenario), which the authors consider highly preferable.

      PubDate: 2017-12-12T15:28:03Z
       
  • Professional Board
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6


      PubDate: 2017-11-15T21:57:29Z
       
  • Editor's foreword
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Steve Saxby


      PubDate: 2017-11-15T21:57:29Z
       
  • Online price discrimination and personal data: A General Data Protection
           Regulation perspective
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Richard Steppe
      The General Data Protection Regulation (GDPR) contains various provisions with relevance to online price discrimination. This article, which analyses a number of essential elements on this junction, aims to provide a theory on whether, and, if so, how the GDPR affects price discrimination based on the processing of personal data. First, the contribution clarifies the concept of price discrimination, as well as its typology and relevance for big data settings. Subsequent to studying this topic in the context of the Commission's Digital Single Market strategy, the article tests the applicability of the GDPR to online price personalisation practices by applying criteria as ‘personal data’ and ‘automated processing’ to several discriminatory pricing cases and examples. Secondly, the contribution evaluates the possible lawfulness of price personalisation under the GDPR on the basis of consent, the necessity for pre-contractual or contractual measures, and the data controller's legitimate interests. The paper concludes by providing a capita selecta of rights and obligations pertinent to online discriminatory pricing, such as transparency obligations and the right to access, as well as the right to rectify the data on which price discrimination is based, and the right not to be subject to certain discriminatory pricing decisions.

      PubDate: 2017-11-15T21:57:29Z
       
  • The unique Chinese legal approach to online ad blocking: Is it in the
           right direction'
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Bingbin Lu
      The legal debate around online ad blocking demonstrates a tension between user's freedom and online content providers' revenue-generating business model. This paper aims to analyze ad blocking from a unique perspective of the Chinese law and practice. Since ad blocking does not violate copyright law, copyright law cannot be a guardian to the ad-based business model. China takes a different approach to protect the ad-based business model under unfair competition law and bans ad blocking software directly by regulation. The Chinese courts held that providing ad blocking software is anti-competitive under a vague general principle of the Anti-Unfair Competition Law. The special policy reason behind these decisions is that the Chinese government and courts want to maintain this business model and strengthen intellectual property protection. These decisions are reinforced by the regulatory ban of ad blocking software in China. However, the Chinese approach is in the wrong direction. The Chinese courts have applied a principle of “non-interference unless in the public interest” to ad blocking cases but never analyzed the public interest seriously. This paper argues that the “public interest” in the Internet context should be the interests of Internet users. The group of Internet users is large enough to constitute the general public. The public have a compelling interest of autonomy to justify ad blocking. The right approach to solving the ad blocking problem should be flexible, easily adjustable and it should not totally fail one side. Compared to direct regulatory intervention, a flexible judicial approach is better because it could take into consideration a variety of interests and strike a balance in specific cases. And, to regulate new technologies, a soft version of guidelines could be easily adjustable than an immature regulation. The Internet itself is a creative industry developed under the process of “creative destruction”. Any legal intervention shall be careful and not impede the emerging technologies, market structure development and autonomous competition.

      PubDate: 2017-11-15T21:57:29Z
       
  • Revolution of securities law in the Internet Age: A review on equity
           crowd-funding
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Tao Huang, Yuan Zhao
      Along with the development and prevalence of Internet technology, a new financing model – equity crowd-funding – has been rising rapidly in recent years. Against this background, it becomes an important global topic in the field of securities law about how to balance both policy agendas of investor protection and capital formation. By referring to the JOBS Act in the US as a typical example, it is suggested in this article that modern securities law is making an active response to the demand of equity crowd-funding development. Besides expanding the application space of small issues exemption rules, securities law is also going beyond the traditional conceptual division between public and private offerings by introducing a brand-new system of equity crowd-funding exemption.

      PubDate: 2017-11-15T21:57:29Z
       
  • Is a ‘smart contract’ really a smart idea' Insights from a
           legal perspective
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Mark Giancaspro
      Swift developments in the emerging field of blockchain technology have facilitated the birth of ‘smart contracts’: computerised transaction protocols which autonomously execute the terms of a contract. Smart contracts are disintermediated and generally transparent in nature, offering the promise of increased commercial efficiency, lower transaction and legal costs, and anonymous transacting. The business world is actively investigating the use of blockchain technology for various commercial purposes. Whilst questions surround the security and reliability of this technology, and the negative impact it may have upon traditional intermediaries, there are equally significant concerns that smart contracts will encounter considerable difficulty adapting to current legal frameworks regulating contracts across jurisdictions. This article considers the potential issues with legal and practical enforceability that arise from the use of smart contracts within both civil and common law jurisdictions.

      PubDate: 2017-11-15T21:57:29Z
       
  • Privacy in automation: An appraisal of the emerging Australian approach
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Angela Daly
      This article presents an initial appraisal of the emerging Australian approach to applying privacy and data protection laws to automated technologies. These laws and the general context in which they operate will be explained, with appropriate comparisons made to the European Union frameworks. In order to examine their specific application vis-à-vis automated technologies, three case studies – automated facial recognition technologies (AFRT), unmanned aerial vehicles (UAVs – better known as ‘drones’) and autonomous vehicles (or ‘driverless cars’) – are selected to examine the extent to which existing privacy and data protection laws, and their application, can be considered adequate to address privacy and data protection risks that these technologies bring. These case studies evidence existing deficiencies with privacy protection in Australia and the inadequacy of recent reform processes, demonstrating that Australian data privacy laws are not well placed to protect individuals' rights vis-à-vis automated technologies.

      PubDate: 2017-11-15T21:57:29Z
       
  • From the testing to the deployment of self-driving cars: Legal challenges
           to policymakers on the road ahead
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Nynke E. Vellinga
      Self-driving cars and self-driving technology are tested on public roads in several countries on a large scale. With this development not only technical, but also legal questions arise. This article will give a brief overview of the legal developments in multiple jurisdictions – California (USA), United Kingdom, and the Netherlands – and will highlight several legal questions regarding the testing and deployment of self-driving cars. Policymakers are confronted with the question how the testing of self-driving cars can be regulated. The discussed jurisdictions all choose a different approach. Different legal instruments – binding regulation, non-binding regulation, granting exemptions – are used to regulate the testing of self-driving cars. Are these instruments suitable for the objectives the jurisdictions want to achieve' As technology matures, self-driving cars will at some point become available to the general public. Regarding this post-testing phase, two pressing problems arise: how to deal with the absence of a human driver and how does this affect liability and insurance' The Vienna Convention on Road Traffic 1968 and the Geneva Convention on Road Traffic 1949, as well as national traffic laws, are based on the notion that only a human can drive a car. To what extent a different interpretation of the term ‘driver’ in traffic laws and international Conventions can accommodate the deployment of self-driving cars without a human driver present will be discussed in this article. When the self-driving car becomes reality, current liability regimes can fall short. Liability for car accidents might shift from the driver or owner to the manufacturer of the car. This could have a negative effect on the development of self-driving cars. In this context, it will also be discussed to what extent insurance can affect this development.

      PubDate: 2017-11-15T21:57:29Z
       
  • Interdisciplinarity in practice: Challenges and benefits for privacy
           research
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Daniel Le Métayer, Mathias Bossuet, Fanny Coudert, Claire Gayrel, Francisco Jaime, Christophe Jouvray, Antonio Kung, Zhendong Ma, Antonio Maña
      The goal of this paper is to draw the lessons learned from a project that involved security systems engineers, computer scientists, lawyers and social scientists. Since one of the goals of the project was to propose actual solutions following the privacy by design approach, its aim was to go beyond multidisciplinarity and build on the variety of expertise available in the consortium to follow a true interdisciplinary approach. We present the challenges before describing the solutions adopted by the project to meet them and the outcomes and benefits of the approach. We conclude with some lessons to be drawn from this experience and recommendations for future interdisciplinary projects.

      PubDate: 2017-11-15T21:57:29Z
       
  • Deep linking does not constitute a “Making Available to the Public”:
           The perspective of Beijing Intellectual Property Court
    • Abstract: Publication date: December 2017
      Source:Computer Law & Security Review, Volume 33, Issue 6
      Author(s): Yong Wan
      It has long been a highly controversial issue as to whether deep linking constitutes a making available to the public. Chinese courts have two main ways of interpreting this: the server test and the substantive substitution test. Beijing Intellectual Property Court adopted the server test and ruled that deep linking does not constitute a making available in the recent landmark decision: Tencent case. The court also stated that deep linking might involve joint copyright infringement, unfair competition or circumvention of technological measures.

      PubDate: 2017-11-15T21:57:29Z
       
  • Looking for needles in a haystack: Key issues affecting children's rights
           in the General Data Protection Regulation
    • Abstract: Publication date: Available online 2 November 2017
      Source:Computer Law & Security Review
      Author(s): Eva Lievens, Valerie Verdoodt
      The EU General Data Protection Regulation (GDPR) devotes particular attention to the protection of personal data of children. The rationale is that children are less aware of the risks and the potential consequences of the processing of their personal data on their rights. Yet, the text of the GDPR offers little clarity as to the actual implementation and impact of a number of provisions that may significantly affect children and their rights, leading to legal uncertainty for data controllers, parents and children. This uncertainty relates for instance to the age of consent for processing children's data in relation to information society services, the technical requirements regarding parental consent in that regard, the interpretation of the extent to which profiling of children is allowed and the level of transparency that is required vis-à-vis children. This article aims to identify a number of key issues and questions – both theoretical and practical – that raise concerns from a multi-dimensional children's rights perspective, and to clarify remaining ambiguities in the run-up to the actual application of the GDPR from 25 May 2018 onwards.

      PubDate: 2017-11-08T21:46:50Z
       
  • EU update
    • Abstract: Publication date: Available online 27 October 2017
      Source:Computer Law & Security Review
      Author(s): Kit Burden
      This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

      PubDate: 2017-11-01T21:46:07Z
       
  • Asia Pacific news
    • Abstract: Publication date: Available online 27 October 2017
      Source:Computer Law & Security Review
      Author(s): Gabriela Kennedy
      This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

      PubDate: 2017-11-01T21:46:07Z
       
  • European national news
    • Abstract: Publication date: Available online 24 October 2017
      Source:Computer Law & Security Review
      Author(s): Nick Pantlin
      This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.

      PubDate: 2017-10-25T21:41:41Z
       
  • Humans forget, machines remember: Artificial intelligence and the Right to
           Be Forgotten
    • Abstract: Publication date: Available online 20 October 2017
      Source:Computer Law & Security Review
      Author(s): Eduard Fosch Villaronga, Peter Kieseberg, Tiffany Li
      This article examines the problem of AI memory and the Right to Be Forgotten. First, this article analyzes the legal background behind the Right to Be Forgotten, in order to understand its potential applicability to AI, including a discussion on the antagonism between the values of privacy and transparency under current E.U. privacy law. Next, the authors explore whether the Right to Be Forgotten is practicable or beneficial in an AI/machine learning context, in order to understand whether and how the law should address the Right to Be Forgotten in a post-AI world. The authors discuss the technical problems faced when adhering to strict interpretation of data deletion requirements under the Right to Be Forgotten, ultimately concluding that it may be impossible to fulfill the legal aims of the Right to Be Forgotten in artificial intelligence environments. Finally, this article addresses the core issue at the heart of the AI and Right to Be Forgotten problem: the unfortunate dearth of interdisciplinary scholarship supporting privacy law and regulation.

      PubDate: 2017-10-25T21:41:41Z
       
  • A comparison of data protection legislation and policies across the EU
    • Abstract: Publication date: Available online 2 October 2017
      Source:Computer Law & Security Review
      Author(s): Bart Custers, Francien Dechesne, Alan M. Sears, Tommaso Tani, Simone van der Hof
      Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices. This paper presents the main findings of a research project that compares the protection of privacy and personal data in eight EU member states: France, Germany, the UK, Ireland, Romania, Italy, Sweden, and the Netherlands. The comparison focuses on five major themes: awareness and trust, government policies for personal data protection, the applicable laws and regulations, implementation of those laws and regulations, and supervision and enforcement. The comparison of privacy and data protection regimes across the EU shows some remarkable findings, revealing which countries are frontrunners and which countries are lagging behind on specific aspects. For instance, the roles of and interplay between governments, civil rights organizations, and data protections authorities vary from country to country. Furthermore, with regard to privacy and data protection there are differences in the intensity and scope of political debates, information campaigns, media attention, and public debate. New concepts like privacy impact assessments, privacy by design, data breach notifications and big data are on the agenda in some but not in all countries. Significant differences exist in (the levels of) enforcement by the different data protection authorities, due to different legal competencies, available budgets and personnel, policies, and cultural factors.

      PubDate: 2017-10-04T05:04:09Z
       
  • Professional Board
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5


      PubDate: 2017-09-26T04:53:39Z
       
  • Editor's foreword
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Steve Saxby


      PubDate: 2017-09-26T04:53:39Z
       
  • New member of the CLSR Editorial Board
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5


      PubDate: 2017-09-26T04:53:39Z
       
  • Treatment of biometrically processed personal data: Problem of uniform
           practice under EU personal data protection law
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Darius Štitilis, Marius Laurinaitis
      The application of biometric technologies has become almost commonplace. They can help to raise the security level and make identification and authentication procedures easy, fast and convenient. Biometric technologies are widely used to process personal data. They are particularly favoured in business. The present research primarily conducted in the corporate sphere has revealed that treatment of biometric data by individual nation states essentially differs. Some nation states have chosen to prohibit any use of biometric technologies in processing personal data. However, such use is acceptable in certain cases where the processing entails no sensitive data or threat to personal privacy. Thus, the question of data attribution to sensitive data becomes relevant. The valid EU law on personal data protection expresis verbis does not regulate processing biometric data in detail leaving member states freedom of choice. Meanwhile, the General Data Protection Regulation leaves no alternatives, ascribing biometric data to sensitive data, subject to a prohibition for processing that may be deemed an extreme position and justification of which is uncertain. Therefore, the authors of the publication present their insights and evaluations by classifying personal data processing by means of biometric technologies into two groups. Such classification directly affects evaluation of personal data processing from the legal point of view. The key conclusion made by the authors is that in certain cases where the risk to privacy is minor, the use of biometric technologies to process personal data should not be prohibited. The practice of non-prohibition would encourage the use of biometric technologies equally applicable in all EU member states. The present context has prompted the authors to discuss possible consequences and effects of the adopted regulation and suggest carrying out reliable research in the field and urging an immediate discussion of stakeholders.

      PubDate: 2017-09-26T04:53:39Z
       
  • Using biometric-based identification systems in Brazil: A review on low
           cost fingerprint techniques on-the-go
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Márjory Da Costa-Abreu, Stephen Smith
      Automatic authentication has become an essential service in several public areas. However, although the technology related with this kind of service has evolved, the price tag of its use is not affordable for most countries. In the so-called “under developed” counties, such as Brazil, South Africa and India, for example, registration systems are often paper-based and/or cover only a fraction of the population. Thus, the reality is that there is an increasing gap into the usage of such technologies amongst different countries and it can be a factor that makes development more difficult and, therefore, less inclusive. One of the main technologies used for automatic identity prediction is based on biometrics analysis, which can distinguish physical or behavioural features to help overcome the traditional paper-based identity systems. Despite the limitations already mentioned, Brazil is known to have introduced several different uses of biometric-based technologies for authentication. However, the use of these technologies is not always ideal and, since the population size is a key factor, it is essential to select the most affordable option which is not necessarily the most adequate for the country's needs. This paper will focus on establishing what biometric-based solutions exist in Brazil today, highlighting the main challenges, as well as briefly proposing a new prototype for mobile fingerprint acquisition.

      PubDate: 2017-09-26T04:53:39Z
       
  • Impact of innovation on competition law: From the perspective of
           ad-blocking applications
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Liyang Hou
      Innovation was traditionally protected for its outcome in particular under intellectual property laws. However, this approach has gradually reached its limit when more innovation needs to be stimulated. Antitrust law has thus developed a ‘process-oriented’ protection, despite the fact that such a new approach slightly intrudes on the exclusivity of property rights. However, less has been discussed so far on how anti-unfair competition law has been affected by innovation. Anti-unfair competition law targets conduct that dishonestly takes advantage of other competitors, thus traditionally having its core analytical framework built upon tort law. While the ‘outcome-oriented’ approach is still satisfactory from many perspectives, its drawbacks have been extensively revealed with the recent challenge of ad-blocking applications. At first sight, the traditional approach may be justified. However, closer examination unfolds the risk of stifling innovation. Therefore, this article advances a new economic interpretation on the business model of online media operation, the target of ad-blocking applications, namely the ‘combined sale’ model vis-à-vis the traditional ‘single product’ model. It is finally concluded that the process-oriented approach should prevail over the traditional outcome oriented approach where the combined sale model is involved.

      PubDate: 2017-09-26T04:53:39Z
       
  • A legal framework for an elderly healthcare platform: A privacy and data
           protection overview
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Angelo Costa, Aliaksandra Yelshyna, Teresa C. Moreira, Francisco C.P. Andrade, Vicente Julián, Paulo Novais
      Cognitive problems are increasingly affecting the population, with the elderly being the ones most affected. This problem requires a new approach in terms of medical and social actions, personalisation, and services. The Ambient Assisted Living area provides solutions to allow elderly people to stay in their homes safely and with the appropriate care. The number of Ambient Assisted Living projects is increasing rapidly, leading to large commercial deployment, and most of these projects disregard the privacy and data protection of the users and the information that they process and save. The iGenda project is a Cognitive Assistant inserted in the Ambient Assisted Living area that provides help to users in their daily lives. However, since it requires the transfer of a large amount of private and personal data between the modules of the platform, fundamental rights may be at stake. This paper presents the iGenda platform, the principle rights of data protection and transmission, legal guarantees and latent ethical concerns. Furthermore, the dichotomy between current developments and legal and ethical aspects are explained. To overcome this problem, legal considerations and ethical considerations are presented, embracing appropriate solutions to features that present any threat.

      PubDate: 2017-09-26T04:53:39Z
       
  • The problem of binary distinction in cloud computing and the necessity for
           a different approach: Positions of the European Union and Canada
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Pardis Moslemzadeh Tehrani, Johan Shamsuddin Bin Hj Sabaruddin, Dhiviya A.P. Ramanathan
      The development of Cloud Computing is an undisputable fact that is present in this modern era. It is a widely used system, which consists of users from ordinary individuals to multinational companies. However, despite its benefits, there is a problem of accountability in Cloud Computing. Accountability is vital for the allocation of responsibility to ensure the non-existence of threats concerning privacy and security of personal data stored in a Cloud. Both these issues are interconnected because one will not be able to exercise the principle of accountability by omitting the allocation of responsibility. Due to the complexity of the Cloud Computing infrastructure, the line in the distinguishing the role of controller and processor is blurred. This article serves to provide a better understanding of the role of Cloud Computing as well as to configure the need for either a modified or a completely different approach. Furthermore, this article will discuss the different approaches whilst providing a detailed analysis of the roles of the controller and processor. Clear and unambiguous roles and responsibilities will help to reinforce the principle of accountability. This article will compare the positions of Canada and the European Union, because the Canadian approach provides a different outlook since they do not follow the same binary distinction concept in allocating responsibility for controller and processor. This discussion hopes to bring awareness for the discrepancies in the current system and attempts to recommend a possible outcome to curb the problems relevant to this issue.

      PubDate: 2017-09-26T04:53:39Z
       
  • Is it possible to grant legal personality to artificial intelligence
           software systems'
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Paulius Čerka, Jurgita Grigienė, Gintarė Sirbikytė
      The purpose of this paper is to determine whether Systems of Artificial Intelligence (SAI) can be deemed subjects of law. This aim is formulated according to the technical capabilities integrated in SAI and the SAI's ability to interact independently with other legal subjects. SAI features, such as direct connection with intellectual skills, the ability to understand, learn and make autonomous decisions may cause situations where autonomous systems based on AI will make decisions which will be in the best interests of individuals, even though conflicting with the user's own will. To consider the possibility of SAI being recognized as possessing legal personality, we analyse the concept and features of SAI and define its operating principles. We give hypothetical examples to demonstrate the necessity of SAIs being recognized as such. The paper undertakes legal personality analysis of SAI performed: (i) using the philosophical and legal concepts of a subject (person); (ii) discussing artificial (unnatural subjects of law) as an alternative to the recognition of legal personality of SAI; (iii) using elements of legal personality set for natural and legal persons. The analysis leads to the conclusion that the scope of SAI rights and obligations will not necessarily be the same as the scope of rights and obligations of other subjects of law. Thus, SAI could only have rights and obligations that are strictly defined by legislators. This conclusion suggests that the result of this paper may be its use in further research defining the scope of SAI rights and obligations.

      PubDate: 2017-09-26T04:53:39Z
       
  • A review of the legal and regulatory frameworks of Nigerian Cybercrimes
           Act 2015
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Felix E. Eboibi
      As a sequel to the liberalization of the Nigerian telecommunication sector in late 1990s, Nigeria experienced tremendous growth in telecommunications usage and internet penetration because of the proliferation of Internet Service Providers (ISPs) and Cybercafés. Consequently, fraudsters started using the internet, instead of the regular mails and fax to perpetrate crimes on cyberspace. International and domestic reports adjudged Nigeria as major global hub of cyber criminal activity, being one of the countries with the highest rates of cybercrime perpetration in the world. The Nigerian government became alarmed with the misuse of the cyberspace by the fraudsters and based on the quest to tackle the menace inaugurated in 2003 a Presidential Committee and subsequent initiatives to investigate the activities of these fraudsters on cyberspace and fashion out a legal and regulatory framework to circumvent the menace of cybercrime. Unfortunately, it took the Nigerian government over a decade to enact a cybercrime legal and regulatory framework after being exposed to the severe negative implications for national economic development, national security, international relations and also human rights and human security. This paper examines Nigeria's legal and regulatory response to cybercrime. It espouses an analysis of the adequacy of the legal and regulatory frameworks in existence to curtail cybercrime in Nigeria.

      PubDate: 2017-09-26T04:53:39Z
       
  • Electronic protests: Hacktivism as a form of protest in Uganda
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Rukundo Solomon
      In a number of reported incidents government ministry and agency websites in Uganda have been defaced as a form of protest in a phenomenon known as ‘hacktivism’. The all-pervading digital age has affected virtually every facet of our lives and ‘hacktivists’ argue that this applies to the effective modes of protest available. Hacking and in effect hacktivism has been criminalised under the Computer Misuse Act 2011. This paper examines the viability of hacktivism as a legitimate form of protest in Uganda's legal regime, particularly under article 29 of the Constitution of the Republic of Uganda 1995, which guarantees freedom of expression.

      PubDate: 2017-09-26T04:53:39Z
       
  • EU update
    • Abstract: Publication date: October 2017
      Source:Computer Law & Security Review, Volume 33, Issue 5
      Author(s): Kit Burden
      This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

      PubDate: 2017-09-26T04:53:39Z
       
  • Can small users recover from the cloud'
    • Abstract: Publication date: Available online 22 September 2017
      Source:Computer Law & Security Review
      Author(s): Roger Clarke
      Large numbers of small organisations and prosumers have shifted away from managing data on their own devices and are now heavily reliant on service-providers for both storage and processing of their data. Most such entities are also dependent on those service-providers to perform backups and enable data recovery. Prior work defining users' backup needs was applied to this context in order to establish specifications for appropriate backup arrangements. A sample of service-providers was assessed against those specifications. Their backup and recovery mechanisms were found to fall seriously short of the need.

      PubDate: 2017-09-26T04:53:39Z
       
  • European national news
    • Abstract: Publication date: Available online 5 September 2017
      Source:Computer Law & Security Review
      Author(s): Nick Pantlin
      This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.

      PubDate: 2017-09-07T13:42:37Z
       
  • Competition law and interoperability in cloud computing
    • Abstract: Publication date: Available online 5 June 2017
      Source:Computer Law & Security Review
      Author(s): Sylvia Song
      The cloud computing industry is a swiftly growing sector, with many providers hailing it as a “digital revolution” that will render traditional IT business models obsolete within ten years. Although still under development, the range of circumstances to engage in monopolistic and anti-competitive behaviour in the cloud services market are numerous. Suppliers can engage in tying, exclusive dealing, and refusing to share vital information to allow the creation of technically compatible products. Monopolistic behaviour and pricing strategies can also restrict innovation and result in a lessening of competition. This paper reviews the European laws that have a direct effect on competition in the cloud computing industry. In addition to competition law, other areas of law have an impact on competition in cloud services. Merger regulations for example have a direct effect by controlling market concentrations in the cloud and technology industry. Interoperability has emerged as a key policy and legal consideration in cases concerning competition and merger laws. The concept of interoperability has arisen in cloud computing cases, as well as other areas of law that indirectly impact upon openness and competition. These areas include intellectual property and standardisation. As new areas of interest arise that raise enforcement challenges for regulators, the author maintains that current laws are adequate to meet the competition concerns in the diverse cloud services market.

      PubDate: 2017-06-07T08:14:26Z
       
 
 
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