Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.
IPods, iPhones, Xboxes, and TiVos represent the first wave of Internet-centered products that can't be easily modified by anyone except their vendors or selected partners. These “tethered appliances” have already been used in remarkable but little-known ways: car GPS systems have been reconfigured at the demand of law enforcement to eavesdrop on the occupants at all times, and digital video recorders have been ordered to self-destruct thanks to a lawsuit against the manufacturer thousands of miles away. New Web 2.0 platforms like Google mash-ups and Facebook are rightly touted—but their applications can be similarly monitored and eliminated from a central source. As tethered appliances and applications eclipse the PC, the very nature of the Internet—its “generativity,” or innovative character—is at risk.
The Internet's current trajectory is one of lost opportunity. Its salvation, Zittrain argues, lies in the hands of its millions of users. Drawing on generative technologies like Wikipedia that have so far survived their own successes, this book shows how to develop new technologies and social structures that allow users to work creatively and collaboratively, participate in solutions, and become true “netizens.”
The analysis is cast in various contexts and examined at multiple levels. The first deals with the Eurocentric character of the patent system, international law, and institutions. The second involves the cultural and economic dichotomy between the industrialized Western world and the westernizing, developing world. The third level of analysis considers the phenomenal loss of human cultures and plant diversity. Exhaustively researched and eloquently argued, Global Biopiracy sheds new light on a contentious topic. The impact of intellectual property law on indigenous peoples and informal or traditional innovations is a field of study that currently includes only a handful of scholars. Biopiracy will be an invaluable resource for students, teachers, and legal practitioners.
In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law’s movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
• Article, "A Technological Trifecta: Using Videos, Playlists, and Facebook in Law School Classes to Reach Today's Students," by Dionne Anthon, Anna Hemingway & Amanda Smith
• Article, "From the School Yard to Cyberspace: A Review of Bullying Liability," by Elizabeth M. Jaffe
• Article, "Building the Ethical Cyber Commander and the Law of Armed Conflict," by Jody M. Prescott
• Note, "The 140-Character Campaign: Regulating Social Media Usage in Campaign Advertising," by Jeffrey P. Hinkeldey
• Note, "Computerized IEP Generators: The Promise and the Peril," by David Ulric
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The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.
The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including
• The Courtroom—from the O. J. Simpson trial to the Dow Corning silicone breast implant lawsuit to landmark cases such as Roe v. Wade.
• The Legislature—where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider.
• Government Agencies—who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park.
As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don't understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.
Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of "donor kids" comes of age, Cahn calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of donors, recipients, and the children that result from successful transfers.
They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites.
Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.
Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou
Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein
SYMPOSIUM: PRIVACY AND TECHNOLOGY
"Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen
"The Dangers of Surveillance," by Neil M. Richards
"The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz
"Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz
Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston
A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).
In America Identified, Lisa Nelson investigates the complex public responses to biometric technology. She uses societal perceptions of this particular identification technology to explore the values, beliefs, and ideologies that influence public acceptance of technology. Drawing on her own extensive research with focus groups and a national survey, Nelson finds that considerations of privacy, anonymity, trust and confidence in institutions, and the legitimacy of paternalistic government interventions are extremely important to users and potential users of the technology. She examines the long history of government systems of identification and the controversies they have inspired; the effect of the information technology revolution and the events of September 11, 2001; the normative value of privacy (as opposed to its merely legal definition); the place of surveillance technologies in a civil society; trust in government and distrust in the expanded role of government; and the balance between the need for government to act to prevent harm and the possible threat to liberty in government's actions.
Bruce L. R. Smith focuses on the experiences of agency and presidential-level advisory systems over the past several decades. He chronicles the special complexities and challenges resulting from the Federal Advisory Committee Act-the "open meeting" law-to provide a better understanding of the role of advisory committees and offers valuable lessons to guide their future use. He looks at science advice in the Departments of Defense, State, and Energy; the National Aeronautics and Space Administration; the Environmental Protection Agency; and then examines how science advisory mechanisms have worked at the White House.
Rather than simply providing a description of structures and institutions, Smith shows the advisory systems in action—how advisory systems work or fail to work in practice. He analyzes how the advisers influence the policymaking process and affect the life of the agencies they serve.
Smith concludes with an assessment of the relationship between science advice and American democracy. He explains that the widespread use of outside advisers clearly reflects America's preference for pluralism. By scrutinizing agency plans, goals, and operations, advisers and advisory committees serve a variety of functions and attempt to strike a balance between openness and citizen access to government and the need for discipline and sophisticated expertise in policymaking. At the root of the advisory process is a paradox: scientists are called on because of their special expertise, but they are useful only if they learn to play by the rules of the political game. The Challenge to the nation is to reconcile the integrity of science with the norms of democracy.
John O. McGinnis demonstrates how these new technologies combine to address a problem as old as democracy itself--how to help citizens better evaluate the consequences of their political choices. As society became more complex in the nineteenth century, social planning became a top-down enterprise delegated to experts and bureaucrats. Today, technology increasingly permits information to bubble up from below and filter through more dispersed and competitive sources. McGinnis explains how to use fast-evolving information technologies to more effectively analyze past public policy, bring unprecedented intensity of scrutiny to current policy proposals, and more accurately predict the results of future policy. But he argues that we can do so only if government keeps pace with technological change. For instance, it must revive federalism to permit different jurisdictions to test different policies so that their results can be evaluated, and it must legalize information markets to permit people to bet on what the consequences of a policy will be even before that policy is implemented.
Accelerating Democracy reveals how we can achieve a democracy that is informed by expertise and social-scientific knowledge while shedding the arrogance and insularity of a technocracy.
This first issue of Volume 41, 2015, features new articles and student contributions on cutting-edge topics related to: teleradiology, jurisdiction, and malpractice; teaching 'next gen' research methods such as Ravel and Casetext to law students; regulating 3D-printing as firearms creators; employment, privacy, and social media; and privacy issues of cell phone tracking.
In the new ebook edition, quality presentation includes active TOC, linked notes, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition.
Founded in 1969, the Journal is the oldest computer law periodical in the academic world. Since its inception, the Journal has maintained a tradition of excellence, and has designed each publication issue to foster critical discourse on the technological breakthroughs impacting the legal landscape.
The authors start with a thorough introduction into patent laws and practices, as well as in related intellectual property rights, which also explains the procedures at the USPTO, JPO and EPO and, in particular, the peculiarities in the treatment of applications centering on software or computers. Based on this theoretical description, next they present in a very structured way a huge set of case studies from different areas like business methods, databases, graphical user interfaces, digital rights management, and many more. Each set starts with a rather short description and claim of the "invention", then explains the arguments a legal examiner will probably have, and eventually refines the description step by step, until all the reservations are resolved. All of these case studies are based on real-world examples, and will thus give an inexperienced developer an idea about the required level of detail and description he will have to provide.
Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic background in physics, electronic engineering, and computer science, they know about both the legal and the subject-based subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner’s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application.
This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
The current literature primarily confines itself to mapping controls in SAP ERP and auditing SAP systems. Maxim Chuprunov not only addresses this subject but extends the aim of internal controls from legal compliance to include efficiency and profitability and then well beyond, because a basic understanding of the processes involved in IT-supported compliance management processes are not delivered along with the software. Starting with the requirements for compliance (Part I), he not only answers compliance-relevant questions in the form of an audit guide for an SAP ERP system and in the form of risks and control descriptions (Part II), but also shows how to automate the compliance management process based on SAP GRC (Part III). He thus addresses the current need for solutions for implementing an integrated GRC system in an organization, especially focusing on the continuous control monitoring topics.
Maxim Chuprunov mainly targets compliance experts, auditors, SAP project managers and consultants responsible for GRC products as readers for his book. They will find indispensable information for their daily work from the first to the last page. In addition, MBA, management information system students as well as senior managers like CIOs and CFOs will find a wealth of valuable information on compliance in the SAP ERP environment, on GRC in general and its implementation in particular.
This state-of-the-art survey provides a solid ground for researchers approaching this topic to understand current achievements through a common categorization of privacy threats and defense techniques. This objective is particularly challenging considering the specific (and often implicit) assumptions that characterize the recent literature on privacy in location-based services.
The book also illustrates the many facets that make the study of this topic a particularly interesting research subject, including topics that go beyond privacy preserving transformations of service requests, and include access control, privacy preserving publishing of moving object data, privacy in the use of specific positioning technology, and privacy in vehicular network applications.
1.) Write the “Model Eugenical Law” that the Nazis used to draft portions of the Nuremberg decrees that led to The Holocaust.
2.) Be appointed as “expert” witness for the U.S. Congress when the 1924 Immigration Restriction Act was passed. The 1924 Act would prevent many Jewish refugees from reaching the safety of U.S. shores during The Holocaust.
3.) Provide the "scientific" basis for the 1927 Buck v. Bell Supreme Court case that made "eugenic sterilization" legal in the United States. This paved the way for 80,000 Americans to be sterilized against their will.
4.) Defend Hitler's Nuremberg decrees as “scientifically” sound in order to dispel international criticism.
5.) Create the political organization that ensured that the “science” of eugenics would survive the negative taint of The Holocaust. This organization would be instrumental in the Jim Crow era of legislative racism.
H.H. Laughlin was given an honorary degree from Heidelberg University by Hitler's government, specifically for these accomplishments. Yet, no one has ever written a book on Laughlin. Despite the very large amount of books about The Holocaust, Laughlin is largely unknown outside of academic circles.
The Carnegie Institution of Washington, D.C. gave this author permission to survey its internal correspondence leading up to The Holocaust and before the Institution retired Laughlin. These documents have not been seen for decades. They are the backbone of this book. The storyline intensifies as the Carnegie leadership comes to the horrible realization that one of its most recognized scientists was supporting Hitler’s regime.
IMPORTANT NOTE: This copy is an A.R.C. (Advanced Readers' Copy). It is an edited preliminary to the hardcover version that will be published when all the books in the series are finished. This softcover version will only be different from the final as the research for the other books in the series dictate. The first book of the series is titled “From a ‘Race of Masters’ to a ‘Master Race’: 1948 to 1848”. It can be found here on Amazon.com. That first book of the series is an A.R.C. as well. All A.R.C. versions will be retired upon the publishing of the hardcover versions.
Who are we afraid of in a globalizing world? How are issues of safety and security constructed and addressed by various local actors and embodied in a variety of surveillance systems? Examining how various forms of contemporary insecurity are translated into, and reduced to, issues of surveillance and social control, this book explores a variety of practical and cultural aspects of technological control, as well as the discourses about safety and security surrounding them. (In)security is a politically and socially constructed phenomenon, with a variety of meanings and modalities. And, exploring the inherent duality and dialectics between our striving for security and the simultaneous production of insecurity, Technologies of Insecurity considers how mundane objects and activities are becoming bearers of risks which need to be neutralised. As ordinary arenas - such as the workplace, the city centre, the football stadium, the airport, and the internet - are imbued with various notions of risk and danger and subject to changing public attitudes and sensibilities, the critical deconstruction of the nexus between everyday surveillance and (in)security pursued here provides important new insights about how broader political issues are translated into concrete and local practices of social control and exclusion.
This book is the first ever published on ethical, social and privacy implications of second generation biometrics. Authors include both distinguished scientists in the biometric field and prominent ethical, privacy and social scholars. This makes this book an invaluable tool for policy makers, technologists, social scientists, privacy authorities involved in biometric policy setting. Moreover it is a precious instrument to update scholars from different disciplines who are interested in biometrics and its wider social, ethical and political implications.