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  Subjects -> BUSINESS AND ECONOMICS (Total: 3080 journals)
    - ACCOUNTING (90 journals)
    - BANKING AND FINANCE (261 journals)
    - BUSINESS AND ECONOMICS (1139 journals)
    - CONSUMER EDUCATION AND PROTECTION (24 journals)
    - COOPERATIVES (4 journals)
    - ECONOMIC SCIENCES: GENERAL (158 journals)
    - ECONOMIC SYSTEMS, THEORIES AND HISTORY (176 journals)
    - FASHION AND CONSUMER TRENDS (13 journals)
    - HUMAN RESOURCES (93 journals)
    - INSURANCE (23 journals)
    - INTERNATIONAL COMMERCE (126 journals)
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    - LABOR AND INDUSTRIAL RELATIONS (43 journals)
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    - MICROECONOMICS (25 journals)
    - PRODUCTION OF GOODS AND SERVICES (137 journals)
    - PUBLIC FINANCE, TAXATION (34 journals)
    - TRADE AND INDUSTRIAL DIRECTORIES (2 journals)

BUSINESS AND ECONOMICS (1139 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: 9)
Abacus     Hybrid Journal   (Followers: 11)
Accounting Forum     Hybrid Journal   (Followers: 22)
Acta Amazonica     Open Access   (Followers: 3)
Acta Commercii     Open Access   (Followers: 2)
Acta Oeconomica     Full-text available via subscription   (Followers: 2)
Acta Scientiarum. Human and Social Sciences     Open Access   (Followers: 4)
Acta Universitatis Danubius. Œconomica     Open Access  
Acta Universitatis Nicolai Copernici Zarządzanie     Open Access   (Followers: 3)
AD-minister     Open Access   (Followers: 2)
ADR Bulletin     Open Access   (Followers: 5)
Advances in Developing Human Resources     Hybrid Journal   (Followers: 21)
Advances in Economics and Business     Open Access   (Followers: 12)
AfricaGrowth Agenda     Full-text available via subscription   (Followers: 1)
African Affairs     Hybrid Journal   (Followers: 57)
African Development Review     Hybrid Journal   (Followers: 33)
African Journal of Business and Economic Research     Full-text available via subscription   (Followers: 1)
African Journal of Business Ethics     Open Access   (Followers: 7)
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: 4)
Alphanumeric Journal : The Journal of Operations Research, Statistics, Econometrics and Management Information Systems     Open Access   (Followers: 4)
American Economic Journal : Applied Economics     Full-text available via subscription   (Followers: 126)
American Journal of Business     Hybrid Journal   (Followers: 15)
American Journal of Business and Management     Open Access   (Followers: 51)
American Journal of Business Education     Open Access   (Followers: 10)
American Journal of Economics and Business Administration     Open Access   (Followers: 24)
American Journal of Economics and Sociology     Hybrid Journal   (Followers: 28)
American Journal of Evaluation     Hybrid Journal   (Followers: 12)
American Journal of Finance and Accounting     Hybrid Journal   (Followers: 18)
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: 26)
ANALES de la Universidad Central del Ecuador     Open Access   (Followers: 1)
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: 8)
Annual Review of Economics     Full-text available via subscription   (Followers: 29)
Applied Developmental Science     Hybrid Journal   (Followers: 3)
Applied Economics     Hybrid Journal   (Followers: 44)
Applied Economics Letters     Hybrid Journal   (Followers: 28)
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: 5)
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: 5)
Asia Pacific Journal of Human Resources     Hybrid Journal   (Followers: 316)
Asia Pacific Viewpoint     Hybrid Journal  
Asia-Pacific Journal of Business Administration     Hybrid Journal   (Followers: 3)
Asia-Pacific Journal of Operational Research     Hybrid Journal   (Followers: 3)
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: 3)
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  
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: 15)
Australasian Journal of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Economic Papers     Hybrid Journal   (Followers: 21)
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: 11)
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: 3)
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: 11)
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: 30)
Brookings Papers on Economic Activity     Open Access   (Followers: 47)
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: 16)
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: 8)
Business Information Review     Hybrid Journal   (Followers: 13)
Business Management and Strategy     Open Access   (Followers: 40)
Business Research     Hybrid Journal   (Followers: 2)
Business Strategy and the Environment     Hybrid Journal   (Followers: 12)
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: 17)
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: 54)
Cambridge Journal of Regions, Economy and Society     Hybrid Journal   (Followers: 9)
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: 26)
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: 11)
Case Studies in Business and Management     Open Access   (Followers: 8)
CBU International Conference Proceedings     Open Access   (Followers: 1)
Central European Journal of Operations Research     Hybrid Journal   (Followers: 5)
Central European Journal of Public Policy     Open Access   (Followers: 1)
CESifo Economic Studies     Hybrid Journal   (Followers: 16)
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: 16)
China Economic Journal: The Official Journal of the China Center for Economic Research (CCER) at Peking University     Hybrid Journal   (Followers: 9)
China Economic Review     Hybrid Journal   (Followers: 10)
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: 2)
COEPTUM     Open Access  
Community Development Journal     Hybrid Journal   (Followers: 24)
Compensation & Benefits Review     Hybrid Journal   (Followers: 6)
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: 5)
Computational Economics     Hybrid Journal   (Followers: 9)
Computational Mathematics and Modeling     Hybrid Journal   (Followers: 8)
Computer Law & Security Review     Hybrid Journal   (Followers: 15)
Computers & Operations Research     Hybrid Journal   (Followers: 10)
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: 6)
Corporate Communications An International Journal     Hybrid Journal   (Followers: 5)
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: 8)
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: 1)
Cuadernos de Economía     Open Access   (Followers: 1)
Cuadernos de Economia - Latin American Journal of Economics     Open Access   (Followers: 1)
Cuadernos de Estudios Empresariales     Open Access   (Followers: 1)
Current Opinion in Creativity, Innovation and Entrepreneurship     Open Access   (Followers: 8)
De Economist     Hybrid Journal   (Followers: 12)
Decision Analysis     Full-text available via subscription   (Followers: 8)
Decision Sciences     Hybrid Journal   (Followers: 15)
Decision Support Systems     Hybrid Journal   (Followers: 15)
Defence and Peace Economics     Hybrid Journal   (Followers: 16)
der markt     Hybrid Journal   (Followers: 1)
Desenvolvimento em Questão     Open Access  
Development     Full-text available via subscription   (Followers: 23)
Development and Change     Hybrid Journal   (Followers: 47)
Development and Learning in Organizations     Hybrid Journal   (Followers: 7)

        1 2 3 4 5 6 | Last

Journal Cover Computer Law & Security Review
  [SJR: 0.382]   [H-I: 17]   [15 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 0267-3649
   Published by Elsevier Homepage  [3031 journals]
  • EU update
    • Abstract: Publication date: Available online 4 May 2017
      Source:Computer Law & Security Review
      Author(s): Kit Burden, Jeanne Dauzier
      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: 2017-05-07T07:56:28Z
       
  • E-residency and blockchain
    • Abstract: Publication date: Available online 3 May 2017
      Source:Computer Law & Security Review
      Author(s): Clare Sullivan, Eric Burger
      In December 2014, Estonia became the first nation to open its digital borders to enable anyone, anywhere in the world to apply to become an e-Resident. Estonian e-Residency is essentially a commercial initiative. The e-ID issued to Estonian e-Residents enables commercial activities with the public and private sectors. It does not provide citizenship in its traditional sense, and the e-ID provided to e-Residents is not a travel document. However, in many ways it is an international ‘passport’ to the virtual world. E-Residency is a profound change and the recent announcement that the Estonian government is now partnering with Bitnation to offer a public notary service to Estonian e-Residents based on blockchain technology is of significance. The application of blockchain to e-Residency has the potential to fundamentally change the way identity information is controlled and authenticated. This paper examines the legal, policy, and technical implications of this development.

      PubDate: 2017-05-07T07:56:28Z
       
  • Is it possible to grant legal personality to artificial intelligence
           software systems?
    • Abstract: Publication date: Available online 2 May 2017
      Source:Computer Law & Security Review
      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: 2017-05-03T07:46:13Z
       
  • European regulatory framework for person carrier robots
    • Abstract: Publication date: Available online 28 April 2017
      Source:Computer Law & Security Review
      Author(s): E. Fosch Villaronga, A. Roig
      The aim of this paper is to establish the grounds for a future regulatory framework for Person Carrier Robots, which includes legal and ethical aspects. Current industrial standards focus on physical human–robot interaction, i.e. on the prevention of harm. Current robot technology nonetheless challenges other aspects in the legal domain. The main issues comprise privacy, data protection, liability, autonomy, dignity, and ethics. The paper first discusses the need to take into account other interdisciplinary aspects of robot technology to offer complete legal coverage to citizens. As the European Union starts using impact assessment methodology for completing new technologies regulations, a new methodology based on it to approach the insertion of personal care robots will be discussed. Then, after framing the discussion with a use case, analysis of the involved legal challenges will be conducted. Some concrete scenarios will contribute to easing the explanatory analysis.

      PubDate: 2017-05-03T07:46:13Z
       
  • European national news
    • Abstract: Publication date: Available online 28 April 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: 2017-05-03T07:46:13Z
       
  • Enabling valid informed consent for location tracking through privacy
           awareness of users: A process theory
    • Abstract: Publication date: Available online 28 April 2017
      Source:Computer Law & Security Review
      Author(s): Aggeliki Tsohou, Eleni Kosta
      People use mobile devices for an increasing variety of purposes in order to enjoy the vast possibilities; they check the local weather, road traffic, personalised local news, their personalised favourite social network, etc. At the same time, application developers and market stores deploy mobile applications that collect vast amounts of information on mobile users, such as their age, gender, location or specific phone identifiers. Numerous studies illustrate that mobile applications collect valuable information about users and use it for profiling the users for their own purposes or sell this information for commercial interests. Therefore, the topic of consent to information processing becomes increasingly more interesting for researchers, legal experts and practitioners. In this paper, the authors examine the issue of valid informed consent for location tracking by mobile phone users. They first analyse the legal premises for informed consent that represent requirements for mobile application developers and providers who request consent. However, the ones who actually give consent are the mobile users and therefore their understanding of consent is of paramount importance. Extensive literature is missing on empirical studies examining the topic from the users' perception perspective. For that reason, the authors conduct an empirical investigation with mobile users and present their findings in the form of a process theory. The process theory reveals how users' valid informed consent for location tracking can be obtained, starting from enhancing reading the privacy policy to stimulating privacy awareness and enabling informed consent. The paper includes a discussion section in which the authors describe the implications of the process theory for the different stakeholders and offer recommendations deriving from the empirical findings. The contribution is addressed to software and mobile application developers and providers, technology regulation researchers and policy makers, as well as security and privacy researchers.

      PubDate: 2017-05-03T07:46:13Z
       
  • The due diligence doctrine under Tallinn Manual 2.0
    • Abstract: Publication date: Available online 26 April 2017
      Source:Computer Law & Security Review
      Author(s): Ian Yuying Liu
      The Tallinn Manual represents, perhaps, the authoritative statement of international legal norms in cyberspace. Recently, the International Group of Experts, sponsored by NATO CCD COE, completed version 2.0 of the project, delineating revised norms for non-egregious cyberattacks which occur in ‘peacetime’. Notably, Tallinn Manual 2.0 (‘the Manual’) elaborates on the scope of a state's due diligence obligations in cyberspace, in respect of cyberattacks which would constitute internationally wrongful acts and cause ‘serious adverse consequences.’ But, as one editor of the Manual acknowledged, some states ‘pushed back’ on the Manual's finding that a due diligence obligation should be shouldered by all states. The present comment will address the contents of Rules 6 and 7 (the due diligence rules). Specifically, I shall examine the merits of: (1) the harm threshold to trigger due diligence; (2) the knowledge threshold to trigger states' due diligence; (3) compliance with due diligence; and (4) preventive duties, as these elements are set out in the Manual. This comment shall then conclude with some reasons behind the reluctance of states to adopt the due diligence principle in cyberspace, including states' motivations in favouring an unregulated cyberspace.

      PubDate: 2017-05-03T07:46:13Z
       
  • Asia-Pacific news
    • Abstract: Publication date: Available online 25 April 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: 2017-05-03T07:46:13Z
       
  • The use of Big Data: A Russian perspective of personal data security
    • Abstract: Publication date: Available online 25 April 2017
      Source:Computer Law & Security Review
      Author(s): Anna Konstantinovna Zharova, Vladimir Mikhailovich Elin
      This article examines the impact of Big Data technology on Russian citizens' constitutional rights to a private life. There are several laws in the Russian Federation covering data privacy and protection, but these are proving inadequate to protect the citizens' rights in the face of the ever-increasing use of massive data sets and their analysis by Big Data tools. One particular problem in this regard is that datasets of anonymised records currently not covered under personal data laws (because they do not identify individuals) can, in fact, be used to identify data subjects (the individuals to whom the data refers) when combined and analysed using Big Data tools. Furthermore, existing sanctions for misuse of personal data are minor, and often fail to act as a deterrent when the commercial benefits of exploiting user data (e.g. through targeted advertising) are so much greater. From the point of view of companies handling Big Data, a general confusion over definitions and responsibilities is making compliance with the law difficult, leaving most to come up with their own forms of best practice, rather than being able to follow clear industry recommendations. The article examines existing laws and oversight bodies, discusses how the current provisions are inadequate to deal with new developments in Big Data, and proposes recommendations for amending and updating existing laws and policies.

      PubDate: 2017-04-26T04:45:10Z
       
  • Pan-European personal data breaches: Mapping of current practices and
           recommendations to facilitate cooperation between Data Protection
           Authorities
    • Abstract: Publication date: Available online 24 April 2017
      Source:Computer Law & Security Review
      Author(s): Apostolos Malatras, Ignacio Sanchez, Laurent Beslay, Iwen Coisel, Ioannis Vakalis, Giuseppe D'Acquisto, Manuel Garcia Sanchez, Matthieu Grall, Marit Hansen, Vasilios Zorkadis
      The emergence of frequent personal data breaches of a cross-border and even pan-European dimension coupled with the current lack of harmonized and systematic approaches to tackle them have motivated the need for further research leading to possible improvement of those cooperation challenges. In this respect, we report here on the organization, execution and analysis of the 1st Pan-European Personal Data Breaches Exercise that was conducted at the end of 2015 by the Directorate-General Joint Research Centre in collaboration with the Directorate-General for Justice and Consumers of the European Commission and the Data Protection Authorities of seven EU Member States. This cyber-exercise aimed at promoting and improving collaboration between Member States when cross-border incidents of personal data breaches occur, by serving as training exercise, mapping existing procedures and by helping identify best practices to handle such incidents. This scientific initiative constitutes a direct support of the recently adopted General Data Protection Regulation. Analysis of results led to some very interesting findings. In particular, communication issues were the ones that were highlighted as the most important ones. There is an evident lack of a global communication list of competent officers from Data Protection Authorities and this hinders cooperation. Moreover, there are no established current practices on handling such incidents and accordingly their management is still performed in an ad hoc manner. The outcomeof the exercise illustrated the need for putting in place systematic procedures, as well as tools and frameworks to support communication and interaction between all interested stakeholders.

      PubDate: 2017-04-26T04:45:10Z
       
  • Digital exhaustion of copyright after CJEU judgment in Ranks and
           Vasiļevičs
    • Abstract: Publication date: Available online 21 April 2017
      Source:Computer Law & Security Review
      Author(s): Simon Geiregat
      In its UsedSoft and Ranks judgments the CJEU interprets the concept of distribution and its digital exhaustion with regard to copyright on computer programs. Both concepts are read in a way that deviates from their meaning concerning copyright on other works. The reasons for that divergence are analysed and criticised. The Computer Programs Directive should be interpreted in conformity with the WIPO Copyright Treaty. Case law should distinguish between the specific rationales that underlie certain aspects of the exhaustion doctrine. The CJEU's autonomous interpretation of the sale condition for exhaustion is unfortunate, among other things because downloaded copies are not goods subject to transferrable ownership. Copyright law is not digital property law. The sale concept is drifting away from its original meaning. Concerning the exceptions to the reproduction right on programs, it is upheld that back-ups cannot be provided to third parties. Subsequent acquirers of programs by contrast do qualify as lawful acquirers who can benefit from the exception for intended use. Calling on this exception, the Court seems to set course to the recognition of a resale and/or download right of some kind. In sum, the meaning of exhaustion has evolved from a boundary of an exclusive right, over a higher norm to a subjective right of a third party. In reality, the debate could be simplified by looking at rights rather than copies. With regard to the supply of digital content, the simultaneous existence of a material-object and licence contract should be recognised. The former can be a sales or service contract. On-line deliveries are services. Whoever holds a right to a service, can principally transfer that right and the licence to third parties. Applying the same rationales that underlie the exhaustion doctrine would mean that clauses preventing such transfers are void. The actual exhaustion doctrine however need not be applied.

      PubDate: 2017-04-26T04:45:10Z
       
  • Beyond ‘having a domestic'? Regulatory interpretation of European Data
           Protection Law and individual publication
    • Abstract: Publication date: Available online 21 April 2017
      Source:Computer Law & Security Review
      Author(s): David Erdos
      Statutory Data Protection Authorities (DPAs) who act as the guardians of data protection across the European Economic Area (EEA) have faced unprecedented interpretative challenges as a result of the explosion of indeterminate publication by individuals in the form of blogs, social networking and other online forums. Through both a questionnaire and systematic review of EEA DPA websites, this article finds that these regulators have generally adopted a strict interpretation of the law here, although considerable internal variation is also present. Almost all see data protection as engaged, around half argue that publication in the general social networking context requires data subject consent and even when individual publication is targeted towards the collective public many DPAs demonstrate some reluctance to apply the special expressive purposes (aka the journalistic) derogation. This article argues for an alternative tripartite approach under the forthcoming Regulation which accommodates the competing free expression rights and also the limited capabilities reasonably to be expected of private individuals on a sounder and more consistent basis. The law's personal exemption should cover individual publication so long as this does not pose a serious prima facie risk to privacy or other fundamental data protection rights. The special expressive purposes derogation should protect individuals who are disseminating a message to the collective public without discrimination. Finally, the Regulation's new freedom of expression clause should ensure that individual publication which principally instantiates self-expression is subject only to the core of data protection's substantive and supervisory provisions.

      PubDate: 2017-04-26T04:45:10Z
       
  • The Future of Foreign Intelligence, Privacy and Surveillance in a Digital
           Age by Laura K. Donohue, Oxford University Press, Canada (2016). ISBN-10
           0190235381, ISBN-13 9780190235383.
    • Abstract: Publication date: Available online 21 April 2017
      Source:Computer Law & Security Review
      Author(s): Clare Sullivan


      PubDate: 2017-04-26T04:45:10Z
       
  • A review of the legal and regulatory frameworks of Nigerian Cybercrimes
           Act 2015
    • Abstract: Publication date: Available online 21 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-26T04:45:10Z
       
  • The rich UK contribution to the field of EU data protection: Let's not go
           for “third country” status after Brexit
    • Abstract: Publication date: Available online 13 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul de Hert, Vagelis Papakonstantinou
      The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting to be written. Yet, from our modest vantage point, undertaken after this Journal's kind invitation, we submit that data protection, although one out of the myriad legal aspects pertaining to Brexit that urgently await consideration, may prove to be a crucial issue in this process. Notwithstanding what happens in the immediate future, when attention will presumably be focused on coordinating the dates when Brexit may potentially occur and the GDPR comes into effect, long-term thinking is critical. We believe that, because developments in this field of law will be among those felt directly by individuals on both sides of the Channel, data protection has the potential to be among the issues that “make” or “break” a possibly successful Brexit – if success is perceived as minimal disturbance to an already functioning system. UK and EU data protection are intrinsically connected by now, by osmosis, after decades of mutual exchanges and intensive collaboration. If indeed, contrary to our wishes, a data protection Brexit does take place, the preferred way forward for the authors would be for the UK to unreservedly and permanently adhere to the EU data protection model. If this will not be the case, then we feel that a high-level principle-driven solution would serve data protection purposes better than a detailed and technical solution; the latter, if ever achievable, would essentially attempt the impossible: to surgically severe what is today an integral part of a living and functioning system.

      PubDate: 2017-04-18T20:49:44Z
       
  • Electronic protests: Hacktivism as a form of protest in Uganda
    • Abstract: Publication date: Available online 11 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-18T20:49:44Z
       
  • Treatment of biometrically processed personal data: Problem of uniform
           practice under EU personal data protection law
    • Abstract: Publication date: Available online 11 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-18T20:49:44Z
       
  • A legal framework for an elderly healthcare platform: A privacy and data
           protection overview
    • Abstract: Publication date: Available online 10 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-11T20:47:02Z
       
  • Using biometric-based identification systems in Brazil: A review on low
           cost fingerprint techniques on-the-go
    • Abstract: Publication date: Available online 10 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-11T20:47:02Z
       
  • Autonomous weapon systems: Is a space warfare manual required?
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Patrick van Esch, Gavin Northey, Magdalene Striluk, Helen Wilson
      The legalities for the use of Autonomous Weapon Systems (AWS) in space warfare are examined. Currently, there are manuals for air and missile warfare, naval warfare and cyber warfare, a clear gap in the literature is that there is no manual for space warfare. We find that the current jurisprudence of space is somewhat considered analogous to the high seas and in the absence of a Space Warfare Manual, legal jurisdiction may consider that certain treaties are only in effect when in the territory of that State. In turn, the effectiveness of those treaties may mitigate against any obligations related to the military operations of that same State using AWS in space. Whilst it is yet to be tested in the courts, there are significant gaps identified in Lex lata and supporting Declarations, Principles and Treaties in terms of space warfare. Such gaps could act as the foundations for both law reform and the requirement for the creation of a Space Warfare Manual.

      PubDate: 2017-04-11T20:47:02Z
       
  • 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: Available online 7 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-11T20:47:02Z
       
  • The Police and Criminal Justice Authorities Directive: Data protection
           standards and impact on the legal framework
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Thomas Marquenie
      This article presents a two-sided analysis of the recently adopted Police and Criminal Justice Authorities Directive. First, it examines the impact of the Directive on the current legal framework and considers to what extent it is capable of overcoming existing obstacles to a consistent and comprehensive data protection scheme in the area of police and criminal justice. Second, it delivers a brief outline and review of the provisions of the Directive itself and explores whether the instrument improves upon the current legislation and sets out adequate data protection rules and standards. Analyzing the Directive from these angles, this article finds that while a considerable improvement and major step forward for the protection of personal data in its field, the Directive is unlikely to mend the fragmented legal framework and achieve the intended high level of data protection standards consistent across European Union member states.

      PubDate: 2017-04-11T20:47:02Z
       
  • The BIG DATA Challenge: Impact and opportunity of large quantities of
           information under the Europol Regulation
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Daniel Drewer, Vesela Miladinova
      In the digital age, the interaction between privacy, data protection and advanced technological developments such as big data analytics has become pertinent to Europol's effectiveness in providing accurate crime analyses. For the purposes of preventing and combating crime falling within the scope of its objectives, it is imperative for Europol to employ the fullest and most up-to-date information and technical capabilities possible whilst respecting fundamental human rights. The present article addresses precisely the “paradox” of on one side protecting fundamental human rights against external terrorist and/or cybercrime intrusions, and on the other providing a privacy-conscious approach to data collection and analytics, so that Europol can even more effectively support and strengthen action in protecting society against internal threats in a proportionate, responsible and legitimate manner. The advantage proposed in this very context of large quantities of data informing strategic analysis at Europol is a purpose-oriented data protection impact assessment. Namely, the evolution from traditional instruments in the fight against organised crime and terrorism to more technologically advanced ones equally requires an alteration of the conventional notions of privacy and investigative and information-sharing methods.

      PubDate: 2017-04-11T20:47:02Z
       
  • Big Data and security policies: Towards a framework for regulating the
           phases of analytics and use of Big Data
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Dennis Broeders, Erik Schrijvers, Bart van der Sloot, Rosamunde van Brakel, Josta de Hoog, Ernst Hirsch Ballin
      Big Data analytics in national security, law enforcement and the fight against fraud have the potential to reap great benefits for states, citizens and society but require extra safeguards to protect citizens' fundamental rights. This involves a crucial shift in emphasis from regulating Big Data collection to regulating the phases of analysis and use. In order to benefit from the use of Big Data analytics in the field of security, a framework has to be developed that adds new layers of protection for fundamental rights and safeguards against erroneous and malicious use. Additional regulation is needed at the levels of analysis and use, and the oversight regime is in need of strengthening. At the level of analysis – the algorithmic heart of Big Data processes – a duty of care should be introduced that is part of an internal audit and external review procedure. Big Data projects should also be subject to a sunset clause. At the level of use, profiles and (semi-) automated decision-making should be regulated more tightly. Moreover, the responsibility of the data processing party for accuracy of analysis – and decisions taken on its basis – should be anchored in legislation. The general and security-specific oversight functions should be strengthened in terms of technological expertise, access and resources. The possibilities for judicial review should be expanded to stimulate the development of case law.

      PubDate: 2017-04-11T20:47:02Z
       
  • Virtual currencies under EU anti-money laundering law
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Niels Vandezande
      The goal of this paper is to analyze the extent to which virtual currencies are regulated under EU financial and economic law, with particular attention to cryptocurrencies. The focus of this paper is put on recent developments regarding anti-money laundering legislation. In the last decade, the EU has adopted several legal frameworks governing different aspects of the payments landscape, most notably regarding payment services and electronic money. However, it remains unclear how virtual currencies – and more in particular cryptocurrencies – fit under those legal frameworks. This paper will first briefly analyze whether core legislation in the fields of payment services and e-money can apply to virtual currencies. Next, and more importantly, the focus will be put on recent developments at the EU level, which aim to bring certain virtual currency service providers under the scope of anti-money laundering rules. While at the moment only such inclusion under anti-money laundering rules appears to be viable, it remains to be seen what the consequences of this evolution are for developments in virtual currencies. This paper provides an analysis of a regulatory issue currently debated by legislators worldwide. In doing so, it aims to provide insights valuable to service providers active in this nascent market.

      PubDate: 2017-04-11T20:47:02Z
       
  • The EU commission's risky choice for a non-risk based strategy on
           assessment of medical devices
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul Quinn
      Regulation of medical devices has been one of the most notable regulatory initiatives of the European Union. The need to ensure that medical devices are of a high quality is self-evident in nature. This is demonstrated by the lack of willingness of both healthcare institutions and professionals to use medical devices that have not properly been certified. In determining which devices are medical devices and should therefore meet the requirements of the regulatory framework, both the current and the proposed frameworks foresee a central place for the concept of ‘intended purpose’. This means that only those manufacturers that have explicitly stated that their device is to be used for a medical purpose should have to comply with the medical device framework. Unfortunately, however, this concept has become increasingly problematic given the rise in mHealth (mobile health) practices and ‘appification’ (shift to mobile devices) in particular, arguably posing potentially serious risks to human health in certain cases. This article discusses the problems that are created by the ever-increasing amount of ‘well-being’ apps and the fact that most will not be classed as medical devices. Despite apparently being aware of these problems, the EU Commission has opted to maintain its current approach in the newly proposed regulation, choosing not to employ other approaches as the FDA has for example done in opting to use a ‘risk based case-by-case approach’.

      PubDate: 2017-04-11T20:47:02Z
       
  • Impact of innovation on competition law: From the perspective of
           ad-blocking applications
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      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: 2017-04-11T20:47:02Z
       
  • Cyberspace: A new branch of international customary law?
    • Abstract: Publication date: Available online 3 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul Przemysław Polański
      International relations between countries increasingly take place in cyberspace. From concerns about cyber security and Internet surveillance to privacy to harmful speech – state and non-state actors developed practices and normative conceptions that could be regarded as international customary law in statu nascendi. The aim of this contribution is to present arguments supporting the thesis that research concerning international law should be broadened to include cyberspace. Due to lack of treaty law in this area, one shall resort to a second source of international law, namely custom especially, as one eminent researcher has noted: ‘there are still numerous branches of international law regulated by customary law, and still more important, new rules of that law are raising’. The article presents the theory of custom as a source of international law and methods of evidencing it in the context of cyberspace and then outlines areas where such norms could have developed and therefore could be used to settle disputes between states.

      PubDate: 2017-04-04T20:44:23Z
       
  • Professional Board
    • Abstract: Publication date: April 2017
      Source:Computer Law & Security Review, Volume 33, Issue 2


      PubDate: 2017-04-04T20:44:23Z
       
  • New members of the professional board
    • Abstract: Publication date: April 2017
      Source:Computer Law & Security Review, Volume 33, Issue 2


      PubDate: 2017-04-04T20:44:23Z
       
  • Editor's foreword
    • Abstract: Publication date: Available online 24 March 2017
      Source:Computer Law & Security Review
      Author(s): Steve Saxby


      PubDate: 2017-03-28T20:33:02Z
       
  • European national news
    • Abstract: Publication date: Available online 22 March 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 in these European countries. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. 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: 2017-03-28T20:33:02Z
       
  • Asia-Pacific news
    • Abstract: Publication date: Available online 9 March 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: 2017-03-10T03:34:28Z
       
  • EU update
    • Abstract: Publication date: Available online 6 March 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 websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

      PubDate: 2017-03-10T03:34:28Z
       
  • Professional Board
    • Abstract: Publication date: February 2017
      Source:Computer Law & Security Review, Volume 33, Issue 1


      PubDate: 2017-03-10T03:34:28Z
       
  • An academic perspective on the copyright reform
    • Abstract: Publication date: Available online 1 February 2017
      Source:Computer Law & Security Review
      Author(s): Sophie Stalla-Bourdillon, Eleonora Rosati, Karmen Turk, Christina Angelopoulos, Aleksandra Kuczerawy, Miquel Peguera, Martin Husovec
      The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls. We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union. In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself. Our conclusions are: 1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts. 2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect. We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.

      PubDate: 2017-02-04T21:20:41Z
       
  • Editor's foreword
    • Abstract: Publication date: Available online 26 January 2017
      Source:Computer Law & Security Review
      Author(s): Steve Saxby


      PubDate: 2017-01-28T20:53:03Z
       
  • Nobody puts data in a corner? Why a new approach to categorising personal
           data is required for the obligation to inform
    • Abstract: Publication date: Available online 17 January 2017
      Source:Computer Law & Security Review
      Author(s): Emma Cradock, Sophie Stalla-Bourdillon, David Millard
      Transparency is a key principle of EU data protection law and the obligation to inform is key to ensuring transparency. The purpose of this obligation is to provide data subjects with information that allows them to assess the compliance and trustworthiness of the data controller. Despite the benefits of categorising personal data for this purpose, a coherent and consistent approach to doing so under the obligation to inform has not emerged. It is unclear what a ‘category’ of personal data is and when this information must be provided. This results in reduced transparency for data subjects and uncertainty for data controllers regarding their legal obligations, defeating the purpose of this obligation. This article highlights these issues and calls for clarification on them. It also posits that in clarifying the law, a new approach to categorising personal data is required to achieve the benefits of categorisation and increase the transparency of personal data processing for data subjects.

      PubDate: 2017-01-21T14:38:42Z
       
  • IT Law in the United Kingdom after Brexit
    • Abstract: Publication date: Available online 3 January 2017
      Source:Computer Law & Security Review
      Author(s): Ian Lloyd
      It is difficult to find a more appropriate introduction than the words of this song in the attempt to assess what IT Law could look like in the UK at the time (whenever that may be 1 1 The recent and highly controversial case of R v. Secretary of State [2016] EWHC 2768 (Admin) illustrates well some of the complex issues that may arise in the field. Although primarily concerned with the question whether the move (under the often quoted Article 50) to leave the EU requires Parliamentary approval, the case c ) when its exit from the EU might be concluded. Speculation is normally more in the realm of futurists than in that of a lawyer whose profession traditionally values qualities such as stability and predictability. These are not normal times and it may be helpful to consider some of the issues and topics that will require to be addressed in the near future. It is not the purpose of the article to repeat the arguments for and against UK membership of the EU. It seeks, rather, to highlight some of the issues that will inevitably arise following what has been described as the largest demerger in history – with what has been described as the world's 5th largest economy 2 2 It has been suggested that the UK's economy has slipped to 6th place following the referendum. seeking to disengage itself from the world's largest trading block. It is difficult to imagine that there has ever been such a legislative challenge. The information sector is an increasingly important part of the national economy and consideration of some of the issues affecting it makes for an interesting case study. This article will focus on four legal topics; data protection, e-commerce, intellectual property and telecommunications. This is by no means an exhaustive list of the issues, even in the IT sector, that need to be addressed, but may serve to highlight some of the key points that will be required for consideration by legislators and to indicate also the scale of the task facing them. In some cases, the quest to seek answers will lie within the control of the UK legislature and government but other issues may be more difficult to resolve independently.

      PubDate: 2017-01-06T10:25:58Z
       
  • Fragments of fragments. The domain name system regulation: global law or
           informalization of the international legal order?
    • Abstract: Publication date: Available online 23 December 2016
      Source:Computer Law & Security Review
      Author(s): Gianpaolo Maria Ruotolo
      The paper studies some international law aspects underpinning the project of the new Domain Name System (DNS) governance, in order to try and bridge the worlds of IT law and international law. It also deals with the issue of the fragmentation of both international and domestic legal orders with an international lawyer's perspective, and faces the approach adopted on the same issue by the global/transnational law doctrine. It uses the DNS governance in the perspective of the international legal order as a case study, framing it in the context of various informal cross-border cooperation between public authorities. It also examines the ICANN, trying to understand if it could be read as an international organization, and the gradual overcoming of the ‘political question doctrine’ in the US.

      PubDate: 2016-12-28T14:39:02Z
       
  • “In the public interest”: The privacy implications of international
           business-to-business sharing of cyber-threat intelligence
    • Abstract: Publication date: Available online 22 December 2016
      Source:Computer Law & Security Review
      Author(s): Clare Sullivan, Eric Burger
      This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence. The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date. This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally. In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.

      PubDate: 2016-12-28T14:39:02Z
       
  • Facebook e-court: Online justice for online disputes
    • Abstract: Publication date: Available online 20 December 2016
      Source:Computer Law & Security Review
      Author(s): Ibrahim Al Swelmiyeen, Ahmed Al-Nuemat
      Owing to their significant popularity, Facebook and other social network sites have gained considerable importance. The popularity of Facebook can be signified through more than 1.2 billion users, i.e. one in every five persons in the world is a Facebook user. It is being used for a variety of activities including sharing of opinions, announcing something or sending invites to parties and events, meeting new people, etc. This paper examines the legal aspects of resolving disputes, which occur in the world of social networking. The social matters are pertinent to the legal aspects. Thus, this article will focus on social science in most areas to present a more thorough approach. For example, the association between disclosure of private information and the friends list, the relation between disputes and social activities and the limitations on viewing others' private profiles will be reviewed.

      PubDate: 2016-12-21T14:01:55Z
       
  • Legal aspects of ownership in modified open source software and its impact
           on Russian software import substitution policy
    • Abstract: Publication date: Available online 20 December 2016
      Source:Computer Law & Security Review
      Author(s): Alexander Savelyev
      In my previous publication, I tried to show how personal data legislation might be used for achieving the purposes of national sovereignty 1 1 Alexander Savelyev. Russia's new personal data localization regulations: A step forward or a self-imposed sanction? // [2016] 32 Computer Law & Security Review 128–145. . In this paper, I will demonstrate how open source software may be used for achieving similar purposes. However, the interplay between local copyright law, public procurement law and open source community norms creates many issues relating to the legal status and ownership in modified software, based on open source. This is especially so in the case of so-called copyleft open source licenses, where a collision occurs between copyright, as an absolute right enforceable against the world, and the copyleft provisions of license agreements, which may be treated as “rights in personam” enforceable only against the licensee. The exclusive right to derivative software as an independent object of copyright, may come into conflict with restrictions inherited from incoming copyleft licenses. This paper provides an overview and analysis of such problems faced by Russian software developers, attempting to comply with Russian import substitution provisions, by using open source components. Although it is based on Russian law, it may be applicable to other jurisdictions, since general aspects of copyright law and its interaction with private international law and contract law drive it. The paper concludes that the developer of software, containing code licensed under GPL or other copyleft provisions, receives full exclusive right to the derivative software and can commercialize it as he sees appropriate, subject only to possible claims of breach of contract rather than copyright infringement. This opens wide perspectives for using open source components regardless of the type of license used as bricks for building a de-globalized economy and society based on principles of information sovereignty.

      PubDate: 2016-12-21T14:01:55Z
       
  • Banking and fraud
    • Abstract: Publication date: Available online 15 December 2016
      Source:Computer Law & Security Review
      Author(s): Stephen Mason, Nicholas Bohm
      The authors wrote a memorandum to the UK Treasury Committee, House of Commons in January 2011 on the topic of banking and fraud. The methods used by thieves to steal from the customers of banks have increased, and in September 2016, the UK consumer magazine Which? made a super-complaint to the Payment Systems Regulator to (i) formally investigate the scale of bank-transfer fraud and how much it is costing consumers to take action, and (ii) propose new measures and greater liability for banks to ensure consumers are better protected when they have been tricked into making a bank transfer. This comment replicates the Memorandum submitted to the Treasury Committee on the basis of having our observations put on the record. The references have been updated and citations added. Apart from the increased variety of methods used by thieves to steal money, the remarks we made in 2011 remain true today.

      PubDate: 2016-12-21T14:01:55Z
       
  • Pseudonymization and impacts of Big (personal/anonymous) Data processing
           in the transition from the Directive 95/46/EC to the new EU General Data
           Protection Regulation
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Luca Bolognini, Camilla Bistolfi
      In order to carry out the so-called “Big Data analysis”, the collection of personal data seems to be inevitable. The opportunities arising from the analysis of such information need to be balanced with the risks for the data protection of individuals. In this sense, the anonymization technique might be a solution, but it seems to be inappropriate in certain circumstances, among which Big Data processing can be included. In fact, anonymization has a high degree of uncontrollability of the impacts of profiling directed to individual targets whose data has been anonymized. In this sense, pseudonymization can be used both to reduce the risks of reidentification and help data controllers and processors to respect their personal data protection obligations by keeping control over their activities. On the one hand, pseudonymization ensures the capability to reconstruct the processes of identity masking, by allowing re-identification. On the other hand the accountability of the data controller and data processor is guaranteed, thanks to the fact that there will always be a person who can re-identify subjects included in a cluster, acting as a “data keeper”.

      PubDate: 2016-12-14T17:02:14Z
       
  • More than a game: Did Nintendo v. PC Box give manufacturers more control
           over the use of hardware?
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Bohdan Widła
      The impact of the judgement of the Court of Justice of the European Union issued in the case C-355/12 Nintendo v. PC Box, which concerned the scope of protection granted to technological protection measures (TPMs) of videogames, goes beyond the videogame industry. The CJEU confirmed that TPMs entailing both software media and hardware are admissible. Moreover, according to the CJEU, if a software product also contains other copyrighted media, the general provisions of European copyright law concerning copyright take precedence over software-specific provisions. The article discusses to what extent additional protection of TPMs has been made available to hardware manufacturers, who are also copyright holders, to software which allows the hardware to perform its function.

      PubDate: 2016-12-14T17:02:14Z
       
  • Ethiopia's new cybercrime legislation: Some reflections
    • Abstract: Publication date: Available online 9 December 2016
      Source:Computer Law & Security Review
      Author(s): Kinfe Micheal Yilma
      Ethiopia has been enacting various pieces of legislation to regulate some aspects of the digital environment. The cybercrime proclamation of 2016 is the most recent addition to the statute book that criminalizes a range of cybercrimes. It has also introduced a number of novel evidentiary and procedural rules that will assist in the investigation and prosecution of cybercrimes. The law has, however, attracted criticisms from various corners mainly owing to some of its human rights unfriendly provisions. This comment provides brief analysis of the cybercrime legislation and highlights some of the challenges that lie ahead in the course of putting the law into practice.

      PubDate: 2016-12-14T17:02:14Z
       
  • Website blocking in Russia: Recent trends
    • Abstract: Publication date: Available online 8 December 2016
      Source:Computer Law & Security Review
      Author(s): Ruslan Nurullaev
      This article analyses Russian regulation and implementation of website blocking in copyright cases. In Russia, right holders can apply for preliminary website blocking injunctions, which allow the restriction of access to websites used to commit copyright infringements. This gives right holders time to submit a claim against the website operator or hosting provider. In addition, the Russian parliament recently introduced permanent website blocking orders that can be used against websites, which repeatedly infringe copyright. This paper looks into the main trends related to website blocking in Russia: implementation of permanent website blocking, over blocking and lack of proportionality, difficulty to appeal website blocking decisions and the emerging practice of preventive website blocking. When analysing Russian developments the article puts them into context with practices in the EU and UK.

      PubDate: 2016-12-14T17:02:14Z
       
 
 
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