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  Subjects -> BUSINESS AND ECONOMICS (Total: 3097 journals)
    - ACCOUNTING (89 journals)
    - BANKING AND FINANCE (264 journals)
    - BUSINESS AND ECONOMICS (1142 journals)
    - COOPERATIVES (4 journals)
    - ECONOMIC SCIENCES: GENERAL (165 journals)
    - HUMAN RESOURCES (93 journals)
    - INSURANCE (23 journals)
    - INTERNATIONAL COMMERCE (127 journals)
    - INVESTMENTS (27 journals)
    - MACROECONOMICS (15 journals)
    - MANAGEMENT (523 journals)
    - MARKETING AND PURCHASING (88 journals)
    - MICROECONOMICS (24 journals)
    - PUBLIC FINANCE, TAXATION (34 journals)

BUSINESS AND ECONOMICS (1142 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: 12)
Accounting Forum     Hybrid Journal   (Followers: 23)
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: 133)
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: 13)
American Journal of Finance and Accounting     Hybrid Journal   (Followers: 19)
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: 45)
Applied Economics Letters     Hybrid Journal   (Followers: 29)
Applied Economics Quarterly     Full-text available via subscription   (Followers: 10)
Applied Financial Economics     Hybrid Journal   (Followers: 24)
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: 313)
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: 13)
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: 4)
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: 22)
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: 31)
Brookings Papers on Economic Activity     Open Access   (Followers: 48)
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: 56)
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: 27)
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 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: 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: 45)

        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  [3042 journals]
  • Online price discrimination and personal data: A General Data Protection
           Regulation perspective
    • Abstract: Publication date: Available online 20 June 2017
      Source:Computer Law & Security Review
      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: 2017-06-21T15:48:51Z
  • Editor's foreword
    • Abstract: Publication date: Available online 20 June 2017
      Source:Computer Law & Security Review
      Author(s): Steve Saxby

      PubDate: 2017-06-21T15:48:51Z
  • The necessity of the implementation of Privacy by Design in sectors where
           data protection concerns arise
    • Abstract: Publication date: Available online 19 June 2017
      Source:Computer Law & Security Review
      Author(s): Anna Romanou
      This article examines the extent to which Privacy by Design can safeguard privacy and personal data within a rapidly evolving society. This paper will first briefly explain the theoretical concept and the general principles of Privacy by Design, as laid down in the General Data Protection Regulation. Then, by indicating specific examples of the implementation of the Privacy by Design approach, it will be demonstrated why the implementation of Privacy by Design is a necessity in a number of sectors where specific data protection concerns arise (biometrics, e-health and video-surveillance) and how it can be implemented.

      PubDate: 2017-06-21T15:48:51Z
  • Between a rock and two hard places: WhatsApp at the crossroad of
           competition, data protection and consumer law
    • Abstract: Publication date: Available online 16 June 2017
      Source:Computer Law & Security Review
      Author(s): Nicolo Zingales
      On 11 May 2017, the Italian antitrust and consumer protection authority (Autorità Garante della Concorrenza e del Mercato, or AGCM) adopted two decisions in its proceedings against WhatsApp. Both proceedings, initiated under the consumer protection mandate of AGCM, relate to WhatsApp's terms of service and privacy policy (together referred to as “ToS” hereinafter). In particular, one qualified as “unfair” and “aggressive” WhatsApp's process of obtaining user consent for its updated ToS, while the other established the unfairness of specific clauses of WhatsApp's ToS. This comment will address the former decision, while making reference to other proceedings opened against the consumer communication service or its mother company in relation to its latest ToS update.

      PubDate: 2017-06-21T15:48:51Z
  • How about me' The scope of personal information under the Australian
           Privacy Act 1988
    • Abstract: Publication date: Available online 16 June 2017
      Source:Computer Law & Security Review
      Author(s): Joshua Yuvaraj
      A recent Australian Federal Court decision has raised the issue of the scope of information protected under the Australian Privacy Act 1988. The Court failed to adequately address this question, leaving Australians unsure as to whether sections of their information, such as the IP addresses allocated to their mobile devices, will be considered personal information under the Act. The main consideration the Court dealt with was what it means for information to be “about” an individual. In this paper I address two questions: a) how is information determined to be “about” an individual under the Act; and b) how should this determination be made in the future' I conclude that currently available guidance from the courts, the Australian Information Commissioner and scholarly commentary are inadequate to enable individuals, organisations and agencies to consistently make such determinations. Accordingly I draw on approaches to this question taken in Canada, New Zealand, the European Union and the United Kingdom to argue that the definition should be broadly interpreted in a technologically-aware manner. This will help to ensure that personal information is more comprehensively protected under the Privacy Act.

      PubDate: 2017-06-21T15:48:51Z
  • EU General Data Protection Regulation: Changes and implications for
           personal data collecting companies
    • Abstract: Publication date: Available online 7 June 2017
      Source:Computer Law & Security Review
      Author(s): Christina Tikkinen-Piri, Anna Rohunen, Jouni Markkula
      The General Data Protection Regulation (GDPR) will come into force in the European Union (EU) in May 2018 to meet current challenges related to personal data protection and to harmonise data protection across the EU. Although the GDPR is anticipated to benefit companies by offering consistency in data protection activities and liabilities across the EU countries and by enabling more integrated EU-wide data protection policies, it poses new challenges to companies. They are not necessarily prepared for the changes and may lack awareness of the upcoming requirements and the GDPR's coercive measures. The implementation of the GDPR requirements demands substantial financial and human resources, as well as training of employees; hence, companies need guidance to support them in this transition. The purposes of this study were to compare the current Data Protection Directive 95/46/EC with the GDPR by systematically analysing their differences and to identify the GDPR's practical implications, specifically for companies that provide services based on personal data. This study aimed to identify and discuss the changes introduced by the GDPR that would have the most practical relevance to these companies and possibly affect their data management and usage practices. Therefore, a review and a thematic analysis and synthesis of the article-level changes were carried out. Through the analysis, the key practical implications of the changes were identified and classified. As a synthesis of the results, a framework was developed, presenting 12 aspects of these implications and the corresponding guidance on how to prepare for the new requirements. These aspects cover business strategies and practices, as well as organisational and technical measures.

      PubDate: 2017-06-12T08:28:31Z
  • 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
  • Is a ‘smart contract’ really a smart idea? Insights from a
           legal perspective
    • Abstract: Publication date: Available online 5 June 2017
      Source:Computer Law & Security Review
      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: 2017-06-07T08:14:26Z
  • The unique Chinese legal approach to online ad blocking: Is it in the
           right direction?
    • Abstract: Publication date: Available online 5 June 2017
      Source:Computer Law & Security Review
      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: 2017-06-07T08:14:26Z
  • From the testing to the deployment of self-driving cars: Legal challenges
           to policymakers on the road ahead
    • Abstract: Publication date: Available online 2 June 2017
      Source:Computer Law & Security Review
      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: 2017-06-07T08:14:26Z
  • Privacy in automation: An appraisal of the emerging Australian approach
    • Abstract: Publication date: Available online 31 May 2017
      Source:Computer Law & Security Review
      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: 2017-06-02T10:37:54Z
  • Deep linking does not constitute a “Making Available to the Public”:
           The perspective of Beijing Intellectual Property Court
    • Abstract: Publication date: Available online 31 May 2017
      Source:Computer Law & Security Review
      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: 2017-06-02T10:37:54Z
  • Revolution of securities law in the Internet Age: A review on equity
    • Abstract: Publication date: Available online 31 May 2017
      Source:Computer Law & Security Review
      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: 2017-06-02T10:37:54Z
  • Data protection authorities and information technology
    • Abstract: Publication date: Available online 29 May 2017
      Source:Computer Law & Security Review
      Author(s): Charles Raab, Ivan Szekely
      The ability of data protection authorities (DPAs) to gain and deploy sufficient knowledge of new technological developments in their regulation of personal-information practices is an important consideration now and for the future. However, DPAs' capacity to keep abreast of these developments has been questionable, and improvements in this are a matter of concern, especially given DPAs' task requirements under the European Union's (EU) General Data Protection Regulation (GDPR). This article reports the findings of a recent survey of EU DPAs that explore the problems they have in comprehending new technologies and how they are dealing with them.

      PubDate: 2017-06-02T10:37:54Z
  • Building the wall: Addressing cybersecurity risks in medical devices in
           the U.S.A. and Australia
    • Abstract: Publication date: Available online 24 May 2017
      Source:Computer Law & Security Review
      Author(s): Timothy Webb, Sumer Dayal
      Cybersecurity in medical devices has become a pressing issue in modern times. Technological progress has simultaneously benefited health care and created new risks. Through examining regulatory guidance, this article establishes that stakeholders have a shared responsibility to address cybersecurity threats that can affect such devices. Manufacturers and health care providers should consider identification, detection and prevention steps at the pre-market and post-market stages. End users and medical practitioners should practice good cyber hygiene to mitigate cybersecurity risks. Collectively, increased collaboration across all stakeholders is fundamental to ensure effective protection.

      PubDate: 2017-05-28T10:27:35Z
  • Professional Board
    • Abstract: Publication date: June 2017
      Source:Computer Law & Security Review, Volume 33, Issue 3

      PubDate: 2017-05-23T10:17:20Z
  • Editor's foreword
    • Abstract: Publication date: June 2017
      Source:Computer Law & Security Review, Volume 33, Issue 3
      Author(s): Steve Saxby

      PubDate: 2017-05-23T10:17:20Z
  • 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
  • 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
  • Digital exhaustion of copyright after CJEU judgment in Ranks and
    • 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
  • 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
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
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